Ryan v. United States (In Re Ryan)

389 B.R. 710, 60 Collier Bankr. Cas. 2d 81, 2008 Bankr. LEXIS 1840, 2008 WL 2486798
CourtUnited States Bankruptcy Appellate Panel for the Ninth Circuit
DecidedJune 3, 2008
DocketBAP No. ID-07-1316-DMkMo. Bankruptcy No. 03-21393. Adversary No. 07-07002
StatusPublished
Cited by5 cases

This text of 389 B.R. 710 (Ryan v. United States (In Re Ryan)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Appellate Panel for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ryan v. United States (In Re Ryan), 389 B.R. 710, 60 Collier Bankr. Cas. 2d 81, 2008 Bankr. LEXIS 1840, 2008 WL 2486798 (bap9 2008).

Opinions

OPINION

DUNN, Bankruptcy Judge.

Joseph Elliott Ryan (“Ryan”) was convicted of a felony in federal court. After serving a prison sentence and paying a criminal fine, he filed for bankruptcy under chapter 7.1 Shortly after receiving his [712]*712chapter 7 discharge, Ryan filed for chapter 13 relief, seeking to discharge costs of prosecution awarded in his criminal judgment. The bankruptcy court held that costs of prosecution are “criminal fines” under § 1328(a)(3) and thus are excepted from discharge.

For the reasons stated below, we REVERSE.

I.FACTS

On July 13, 1995, Ryan was convicted of possession of an unregistered firearm under 26 U.S.C. § 5861(d) in the United States District Court for the District of Alaska. Ryan was sentenced to fifty-seven months in prison followed by three years of supervised release. In addition, Ryan was ordered to pay a fine of $7,500, restitution in the amount of $750,000, costs of prosecution in the amount of $83,420, and a special assessment of $50.00. Ryan served his sentence. He also paid the $7,500 fine. The district court, following an appellate mandate, ultimately eliminated the restitution obligation.

On April 25, 2003, Ryan filed a petition for bankruptcy relief under chapter 7 in the District of Idaho. He received his chapter 7 discharge on August 11, 2003. Shortly thereafter, Ryan filed a case under chapter 13, listing as his only obligation the amount of unpaid costs of prosecution owed to the United States (“Government”).

Before completing payments under his chapter 13 plan, Ryan filed an adversary complaint seeking to determine whether his obligation to the Government would be dischargeable under § 1328(a)(3). The bankruptcy court dismissed the complaint as premature.

Ryan completed payments under the plan, and an “Order of Discharge” was entered on October 5, 2006. The chapter 13 trustee’s final report reflected that the Government received $2,774.89 from payments made by Ryan under his plan, but a balance of $77,088.34 on the Government’s costs of prosecution claim remained unpaid. Ryan then renewed his request for determination of dischargeability. The bankruptcy court held that the unpaid portion of the Government’s claim for costs of prosecution was excepted from discharge by § 1328(a)(3). Ryan appealed.

II.JURISDICTION

The bankruptcy court had jurisdiction under 28 U.S.C. §§ 157(a) and (b)(2)(I). We have jurisdiction under 28 U.S.C. § 158.

III.ISSUE

Is an obligation for the costs of prosecution imposed as part of a sentence in a federal criminal case excepted from the debtor’s discharge under § 1328(a)(3)?

IV.STANDARDS OF REVIEW

“We review issues of statutory construction and conclusions of law, including interpretation of provisions of the Bankruptcy Code, de novo.” Mendez v. Salven (In re Mendez), 367 B.R. 109, 113 (9th Cir. BAP 2007).

V.DISCUSSION

Section 1328(a)(3) provides an exception to discharge in chapter 13 for “restitution, or a criminal fine.” It states, in pertinent part:

[A]s soon as practicable after the completion by the debtor of all payments under the plan, the court shall grant the debtor a discharge of all debts provided for by the plan or disallowed under section 502 of this title except any debt ...
(3) for restitution, or a criminal fine, included in a sentence on the debtor’s conviction of a crime [.] (emphasis added).

[713]*713Here, the obligation to pay costs of prosecution was imposed as part of the judgment in Ryan’s criminal case. See 28 U.S.C. § 1918(b).2 The essential question, then, is whether these costs of prosecution constitute a “criminal fíne.”

Statutory interpretation begins with a review of the particular language used by Congress in the relevant version of the law.

The starting point in discerning congressional intent is the existing statutory text, see Hughes Aircraft Co. v. Jacobson, 525 U.S. 432, 438, 119 S.Ct. 755, 142 L.Ed.2d 881 (1999), and not the predecessor statutes. It is well established that “when the statute’s language is plain, the sole function of the courts — at least where the disposition required by the text is not absurd — is to enforce it according to its terms.”

Lamie v. United States Trustee, 540 U.S. 526, 534, 124 S.Ct. 1023, 157 L.Ed.2d 1024 (2004) (citations omitted).

Where statutory language is ambiguous, courts may look beyond the specific statute itself to the context in which it is used and to relevant legislative history, if it exists. “Our duty, in matters of statutory construction, is to give effect to the intent of Congress.” A-Z Int’l v. Phillips, 323 F.3d 1141, 1146 (9th Cir.2003) (citations omitted).

[WJhether a statute is ambiguous is determined by reference to the language itself, the specific context in which that language is used, and the broader context of the statute as a whole.

Hough v. Fry (In re Hough), 239 B.R. 412, 414 (9th Cir. BAP 1999) (quoting Robinson v. Shell Oil Co., 519 U.S. 337, 341, 117 S.Ct. 843, 136 L.Ed.2d 808 (1997)). However, in the absence of ambiguity, it is not the role of the courts to remake statutory language to fit the court’s conception of what Congress may have meant to achieve through its statutory enactments.

[I]n our constitutional system the commitment to the separation of powers is too fundamental for us to preempt congressional action by judicially decreeing what accords with “common sense and the public weal.” Our Constitution vests such responsibilities in the political branches.

TVA v. Hill, 437 U.S. 153, 195, 98 S.Ct. 2279, 57 L.Ed.2d 117 (1978).

A. Opposing policy goals

The term “criminal fine” is not defined in § 1328 or anywhere else in the Bankruptcy Code. However, its use in § 1328(a)(3) implicates two important policies embedded in the Bankruptcy Code. First, in light of the objective to provide a fresh start for debtors overburdened by debts that they cannot pay, exceptions to discharge are interpreted strictly against objecting creditors and in favor of debtors. See, e.g., Snoke v. Riso (In re Riso), 978 F.2d 1151, 1154 (9th Cir.1992); First Beverly Bank v. Adeeb (In re Adeeb),

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389 B.R. 710, 60 Collier Bankr. Cas. 2d 81, 2008 Bankr. LEXIS 1840, 2008 WL 2486798, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ryan-v-united-states-in-re-ryan-bap9-2008.