United States Sixth Circuit

The Supreme Court's decision in Kelly v. Robinson, 479 U.S. 36 (1986), which held that criminal restitution to be paid to the Connecticut Office of Adult Probation was nondischargeable under 11 U.S.C. section 523(a)(7), applies narrowly to criminal restitution payable to a governmental unit. A ruling that the defendant-former attorney's debt to plaintiff does not come within the categories of nondischargeable debt under 11 U.S.C. section 523(a)(7) is affirmed where the district court correctly found that the underlying judgment against defendant in a malpractice case, although of a punitive nature, did not meet the statutory requirements that it be payable to a governmental unit and that it be non-compensatory.

Appellate Information

• Decided 11/13/2006
• Published 11/13/2006

Judges

• Before: BOGGS, Chief Judge;  BATCHELDER, Circuit Judge;  BELL, Chief District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Teresa L. Cunningham, Florence, Kentucky, for Appellant.   Neil H. Sanders, Santa Barbara, California, for Appellee.   ON BRIEF:  Teresa L. Cunningham, Florence, Kentucky, for Appellant.  Neil H. Sanders, Santa Barbara, California, for Appellee.