United States First Circuit

Under 11 USC 523(a)(7), a consent decree for a "shortfall amount" for a violation of R.I. Gen. Laws 46-12-13 and for a contingent civil penalty is punitive in nature, even if it was calculated to reimburse the State for its actual losses.

Appellate Information

• Decided 01/17/2002
• Published 01/17/2002

Judges

• CYR, Senior Circuit Judge., Before TORRUELLA, Circuit Judge, CAMPBELL and CYR, Senior Circuit Judges,

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Terence J. Tierney, Assistant Attorney General, with whom Gary Powers, Deputy Chief Legal Counsel, Department of Environmental Management, was on brief for appellants.


• For Appellees:
  
• Barry J. Kusinitz for appellee David LaRoche.