No. 21-7206

Chuck Duckworth v. Illinois

Lower Court: Illinois
Docketed: 2022-02-25
Status: Denied
Type: IFP
Response WaivedIFP
Tags: bankruptcy-code bankruptcy-discharge bankruptcy-injunction creditor-recovery creditors criminal-procedure fresh-start restitution restitution-award state-prosecution
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2022-04-14
Question Presented (AI Summary)

Whether a state prosecutor can recover previously discharged debts on behalf of bankruptcy creditors following a criminal prosecution and by way of a restitution award sought with the express intent of making the creditors whole

Question Presented (OCR Extract)

QUESTION PRESENTED Section 524 of the United States Bankruptcy Code provides that a bankruptcy discharge “operates as an injunction against the commencement or continuation of an action, the employment of process, or an act, to collect, recover or offset” a discharged debt. 11 U.S.C. § 524(a)(2) (2018); Taggart v. Lorenzen, 139 S. Ct. 1795, 1799 (2019) (explaining that the discharge order “bars creditors from attempting to collect any debt covered by the order”). The question presented is whether a state prosecutor can nonetheless recover previously discharged debts on behalf of bankruptcy creditors following a criminal prosecution and by way of a restitution award sought with the express intent of making the creditors whole. i

Docket Entries

2022-04-18
Petition DENIED.
2022-03-24
DISTRIBUTED for Conference of 4/14/2022.
2022-03-21
Waiver of right of respondent Illinois to respond filed.
2022-02-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 28, 2022)

Attorneys

Chuck Duckworth
Catherine Kendall HartOffice State Appellate Defender, Fourth District, Petitioner
Illinois
Katherine Marie DoerschOffice of the Illinois Attorney General, Respondent