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Bankruptcy Keyed to Howard 7th Ed.
Kelly v. Robinson
Citation:
479 U.S. 36, 107 S. Ct. 353, 93 L. Ed. 2d 216 (1986)Facts
In 1980, Carolyn Robinson pleaded guilty to second-degree larceny based on her wrongful receipt of $9,932.95 in welfare benefits from the Connecticut Department of Income Maintenance. The Connecticut Superior Court sentenced her to one to three years imprisonment but suspended execution and placed her on probation for five years, conditioning probation on monthly restitution payments of $100 to the State of Connecticut Office of Adult Probation. After paying $450, Robinson filed for Chapter 7 bankruptcy in February 1981, listing the restitution obligation as a debt. Connecticut agencies received notice but did not file objections to discharge, and Robinson received a discharge in May 1981. Robinson’s attorney then informed the Probation Office that the discharge voided the restitution condition, and Robinson ceased payments. Nearly three years later, Connecticut informed Robinson it considered the obligation nondischargeable, prompting Robinson to seek declaratory relief in bankruptcy court.
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