You are here

Randy Joseph Netzer v. Office of Lawyer Regulation (In re Netzer), Adv. No. 15-0130, Case No. 14-13531-7 (02/03/2016) (545 B.R. 254) -- Judge Catherine J. Furay

Case Summary:
Debtor Randy Netzer reopened his bankruptcy case to bring this adversary seeking to have a debt declared dischargeable. Netzer, an attorney, was disciplined by the Wisconsin Supreme Court, who assessed costs of $9,222.21. Netzer argues the costs are dischargeable because they were not levied by a governmental unit and are not fines or penalties as required by 11 U.S.C. § 523(a)(7). The Office of Lawyer Regulation argues the costs do satisfy the requirements of section 523(a)(7). The Court finds that the Office of Lawyer Regulation is a governmental unit. The Court also finds that the costs were assessed as a fine or penalty, not merely as compensation for pecuniary loss. Therefore, the costs are declared nondischargeable under section 523(a)(7).

Statute/Rule References:
11 U.S.C. § 523(a)(7) -- Nondischargeability - Fines / Penalties / Forfeitures

Key Terms:
Fines - Penalties - Forfeiture
Nondischargeable Debt


Date: 
Wednesday, February 3, 2016