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 |
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Common terms and phrases
99th Congress abuse accompanying text actual pecuniary loss amended Attorney automatic stay bad check Bankr Bankruptcy Act Bankruptcy Code bankruptcy discharge bankruptcy law Chairman RODINO CLELAND Code's collection compensation for actual Congress CONNECTICUT LAW REVIEW consumer protection Court of Appeals creditor crime criminal judgments criminal law criminal proceedings criminal prosecution criminal restitution orders criminal sentence debtor debts arising decision definition of debt discharge debts discharge in bankruptcy dissent enjoin excepted from discharge exception to discharge federal courts filed forfeiture governmental unit Hennigan imposed intended issue Kaping Kelly Kovacs language larceny LAW REVIEW Vol liabilities M.D. Tenn nondischargeable Ohio Pellegrino penal penalties Perez rehabilitative relief require RESTITUTION AND BANKRUPTCY restitution obligation restitution payments restitution sentence right to payment Robinson ruptcy S.Ct SAINT LOUIS UNIVERSITY Second Circuit Stat statutory subject to discharge Supp supra note supremacy clause Supreme Court tion U.S. CODE CONG United States Code victim violation
Popular passages
Page 82 - 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 73 - ... 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 81 - In expounding a statute, we must not be guided by a single sentence or member of a sentence, but look to the provisions of the whole law, and to its object and policy.
Page 134 - ... comity," that is, a proper respect for state functions, a recognition of the fact that the entire country is made up of a Union of separate state governments, and a continuance of the belief that the National Government will fare best if the States and their institutions are left free to perform their separate functions in their separate ways.
Page 131 - 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 73 - 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. Detroit Lumber Co., 200 US 321, 337. SUPREME COURT OF THE UNITED STATES Syllabus KELLY, CONNECTICUT CHIEF STATE'S ATTORNEY, ET AL.
Page 81 - 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 87 - 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 97 - 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 134 - ... any act to collect, assess, or recover a claim against the debtor that arose before the commencement of the case under this title...