Kelly, Connecticut Chief State's Attorney, et al. v. Robinson (479 U.S. 36)
U.S. Supreme Court · decided November 12, 1986 · Supreme Court Database (Spaeth)
- Citation
- 479 U.S. 36 · 107 S. Ct. 353
- Decided
- November 12, 1986
- Term
- October Term 1986
- Vote
- 7–2
- Majority author
- Justice Powell
- Issue area
- Economic Activity
- Disposition
- Reversed
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
Opinion excerpt
Justice Powell delivered the opinion of the Court. We granted review in this case to decide whether restitution obligations, imposed as conditions of probation in state criminal proceedings, are dischargeable in proceedings under Chapter 7 of the Bankruptcy Code. HH In 1980, Carolyn Robinson pleaded guilty to larceny m the second degree. The charge was based on her wrongful receipt of $9,932.95 in welfare benefits from the Connecticut Department of Income Maintenance. On November 14, 1980, the Connecticut Superior Court sentenced Robinson to a prison term of not less than one year nor more than three years. The court suspended execution of the sentence and placed Robinson on probation for five years. As a condition of probation, the judge ordered Robinson to make restitution to the State of Connecticut Office of Adult Probation (Probation Office) at the rate of $100 per month, commencing January 16,1981, and continuing until the end of her probation. On February 5, 1981, Robinson filed a voluntary petition under Chapter 7 of the Bankruptcy Code, 11 U. S. C. § 701 et seq., in the United States Bankruptcy Court for the District of Connecticut. That petition listed the restitution obligation as a debt. On February 20, 1981, the Bankruptcy Court notified both of the Connecticut agencies of Robinson’s petition and informed them that April 27, 1981, was the deadline for filing…
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