Appellate Law

CA1: costs in professional responsibility case not dischargeable

By S. COTUS

Richmond v. NH Supreme Court, No. 07-2671.  Cases with names like this are either very interesting, or very stupid.  But, this one is different.  It is a freakin? Bankruptcy case.  Combined with a professional responsibility case.  We know where this is going.  It holds that under 11 U.S.C. § 523(a)(7) (2006), an assessment of costs by the Committee on Professional Conduct are non-dischargable in bankruptcy, because they are like a fine.  The First circuit explains how in New Hampshire these proceedings are neither civil, criminal, nor administrative.  The First says that because these fees are not awarded automatically make them more like penalties than attorney-fee shifting provisions and they really are punitive. 

Full post as published by Appellate Law and Practice on September 19, 2008 (boomark / email).