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Kelly v. Robinson

Kelly v. Robinson

Supreme Court of the United States

October 8, 1986, Argued ; November 12, 1986, Decided

No. 85-1033

Opinion

 [*38]   [***221]   [**355]  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.

In 1980, Carolyn Robinson pleaded guilty to larceny in the second degree. The charge was based on her  [***222]  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  [*39]  placed Robinson on probation for five years. As a condition of probation, the judge ordered Robinson to make restitution 2 to the State of Connecticut Office of Adult Probation (Probation Office) at the rate of $ 100 per month, commencing January [****7]  16, 1981, and continuing until the end of her probation. 3

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 [****8]  the Connecticut agencies of Robinson's petition and informed them that April 27, 1981, was the deadline for filing objections to discharge. The agencies did not file proofs of claim or objections to discharge, apparently because they took the position that the bankruptcy would not affect the conditions of Robinson's probation. Thus, the agencies did not participate in the distribution of Robinson's estate. On May 14, 1981, the Bankruptcy Court granted Robinson a discharge. See § 727.

At the time Robinson received her discharge in bankruptcy, she had paid $ 450 in restitution. On May 20, 1981, her attorney wrote the Probation Office that she believed the discharge had altered the conditions of Robinson's probation, voiding the condition that she pay restitution. Robinson made no further payments.

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479 U.S. 36 *; 107 S. Ct. 353 **; 93 L. Ed. 2d 216 ***; 1986 U.S. LEXIS 17 ****; 55 U.S.L.W. 4011; Bankr. L. Rep. (CCH) P71,475; 15 Collier Bankr. Cas. (MB) 890; 15 Collier Bankr. Cas. 2d (MB) 890; 14 Bankr. Ct. Dec. 1383

KELLY, CONNECTICUT CHIEF STATE'S ATTORNEY, ET AL. v. ROBINSON

Prior History:  [****1]  CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT.

Disposition:  776 F.2d 30, reversed.

CORE TERMS

restitution, probation, fines, bankruptcy court, conditions of probation, discharge in bankruptcy, restitution order, rehabilitation, sentence, courts, actual pecuniary loss, criminal judgment, nondischargeable, forfeiture, bankrupt, offender, make restitution, discharged, criminal sentence, criminal penalty, proceedings, conditions, altered, cases

Criminal Law & Procedure, Sentencing Alternatives, Probation, Conditions, General Overview, Sentencing, Restitution, Bankruptcy Law, Discharge & Dischargeability, Exceptions to Discharge, Embezzlement & False Representations, Theft & Related Offenses, Embezzlement, Governments, Fiduciaries, Torts, Fraud & Misrepresentation, Actual Fraud, Legislation, Interpretation, Government Penalties & Taxes