· 1/12/1999
In the Matter of James Towers, Debtor-Appellant. State of Illinois
Citations
- 162 F.3d 952
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that a restitution order entered after a civil proceeding under Illinois’ Consumer Fraud Act was dischargeable because it was not literally payable to and for the benefit of the government
- refusing to take a “beadeyed” reading of the restitution order that placed the Illinois Attorney General in the role of collecting and redistributing the restitution payments to the listed victims
- civil restitution order was for the benefit of victims and so was dischargeable notwithstanding Kelly and § 523(a)(7)
- $50,000 penalty due the state excepted from 22 discharge, but $210,000 restitution paid to the State of Illinois for 23 disbursement to victims was discharged
- restitution paid to attorney general for redistribution to victims was not nondischargeable because it was not payable to and for the benefit of the state
- judgment for legal malpractice and sanctions payable to 2 the client was not excepted from discharge
Source: CourtListener parenthetical corpus (CC0).
Judges: Posner, Bauer, Easterbrook
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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