Bankruptcy Discharge of Obligations to Governmental Units: Hearing Before the Subcommittee on Monopolies and Commercial Law of the Committee on the Judiciary, House of Representatives, One Hundredth Congress, Second Session, on H.R. 2619 ... September 8, 1988, Volume 4
United States. Congress. House. Committee on the Judiciary. Subcommittee on Monopolies and Commercial Law
U.S. Government Printing Office, 1989 - Bankruptcy - 187 pages
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abuse accompanying text action actual pecuniary loss allow amended amount Appeals approach arising Attorney authority automatic Bank Bankr Bankruptcy Act Bankruptcy Code Bankruptcy Court bankruptcy law benefit bill broad Chairman charge civil claim collection Committee concept concern concluded condition Connecticut considered consumer consumer protection created creditor criminal proceedings criminal restitution debt debtor decision defendant definition determine discharge in bankruptcy dissent effect enforcement environmental exceptions to discharge federal filed fines fraud fresh give governmental unit held holding imposed intended interest interpretation involved issue Judge judgment judicially Justice KELLY language legislation LIBRARY OF CONGRESS limited majority nondischargeable objection obtained Office opinion payment penalties present probation proposed prosecution protection question reasoning receive rehabilitative relief require restitution obligation restitution orders restitution sentences result Robinson Second Circuit Senate specific statute Supp supra note Supreme Court tion tort victim violation
Page 83 - Debts owing to the United States, a State, a county, a district, or a municipality as a penalty or forfeiture shall not be allowed, except for the amount of the pecuniary loss sustained by the act, transaction, or proceeding out of which the penalty or forfeiture arose, with reasonable and actual costs occasioned thereby and such interest as may have accrued thereon according to law.
Page 132 - Such association justifies, if it does not imperatively require, the conclusion that the fraud referred to in that section means positive fraud, or fraud in fact,, involving moral turpitude or intentional wrong, as does embezzlement, and not implied fraud, or fraud in law which may exist without the imputation of bad faith or immorality.
Page 74 - ... issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v.
Page 74 - ... to the extent such debt is for a fine, penalty, or forfeiture payable to and for the benefit of a governmental unit, and is not compensation for actual pecuniary loss...
Page 82 - In addressing this question, we turn first to the language of §10(b), for "[t]he starting point in every case involving construction of a statute is the language itself.
Page 88 - The underlying assumptions of our dual form of government, and the consequent presuppositions of legislative draftsmanship which are expressive of our history and habits, cut across what might otherwise be the implied range of legislation. The history of congressional legislation...
Page 98 - Appeals that in our constitutional system the commitment to the separation of powers is too fundamental for us to pre-empt congressional action by judicially decreeing what accords with "common sense and the public weal.
Page 135 - ... any act to collect, assess, or recover a claim against the debtor that arose before the commencement of the case under this title...