AELE LAW LIBRARY OF CASE SUMMARIES:
Corrections Law
for Jails, Prisons and Detention Facilities


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Bankruptcy

    After a prisoner's negligence and emotional distress claims against an Idaho county were found to be frivolous, the defendants were awarded $13,172 in attorneys' fees and costs against the prisoner under state law. The prisoner tried to avoid this award by filing a Chapter 7 bankruptcy petition. A federal bankruptcy appellate panel ruled that the discharge granted in the bankruptcy proceeding did not relieve him from having to pay. The award constituted a debt arising out of a "fine, penalty, or forfeiture payable to and for the benefit of a governmental unit," which cannot be discharged through bankruptcy. Searcy v. ADA County Prosecuting Atty. Office (In re Searcy), #09-00248, 2012 Bankr. Lexis 204 (B.A.P. 9th Cir.)

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