County of Dakota v. Milan, No. 16-6012 (8th Cir. 2016)
Annotate this CaseThe County appealed the bankruptcy court's order and judgment discharging the debt owed to it by Jacob Milan for costs incurred related to his incarceration. The bankruptcy code precludes discharge of a debt for a fine, penalty or forfeiture owing to a governmental unit unless it is pecuniary in nature. The court concluded that the bankruptcy court committed no error in its determination that the Incarceration Costs are subject to discharge under 11 U.S.C. 523(a)(7). In this case, the clear intent for the Incarceration Costs is pecuniary in nature.
Court Description: Schermer, Author, with Nail and Shodeen, Bankruptcy Judges] Bankruptcy Appellate Panel. Order discharging debtor's costs of incarceration affirmed as the costs are not a fine, penalty or forfeiture, were not ordered by the state criminal court, and were not a condition of debtor's sentence. [ September 21, 2016
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.