kelly robinson argued october decided november respondent pleaded guilty connecticut state larceny charge based wrongful receipt welfare benefits connecticut department income maintenance sentenced prison term suspended execution sentence placed probation five years condition probation ordered respondent make restitution monthly payments connecticut office adult probation end probation period connecticut statutes restitution payments sent probation office forwarded victim respondent filed voluntary petition chapter bankruptcy code bankruptcy listing restitution obligation debt connecticut agencies although notified file proofs claim objections discharge bankruptcy subsequently granted respondent discharge made restitution payments probation office informed considered restitution obligation nondischargeable filed proceeding petitioner state officials bankruptcy seeking declaration restitution obligation discharged concluded even restitution obligation debt subject bankruptcy jurisdiction automatically nondischargeable bankruptcy code provides discharge bankruptcy affect debt fine penalty forfeiture payable benefit governmental unit compensation actual pecuniary loss district adopted bankruptcy proposed disposition case appeals reversed held section preserves discharge chapter condition state criminal imposes part criminal sentence thus restitution obligations imposed conditions probation state criminal proceedings dischargeable pp despite language earlier bankruptcy act apparently allowed criminal penalties discharged courts refused allow discharge affect state criminal judgment present bankruptcy code enacted widely accepted judicial exception discharge criminal sentences including restitution obligations imposed part sentences construing scope bankruptcy codifications followed rule congress intends legislation change interpretation judicially created concept makes intent specific midlantic national bank new jersey dept environmental protection pp basis judicial exception deep conviction federal bankruptcy courts invalidate results state criminal proceedings although might true connecticut officials ensured continued enforcement criminal judgment respondent objecting discharge code fact justify interpretation code contrary view fines penalties affected discharge moreover reliance right appear object discharge create uncertainties impose undue burdens state officials prospect federal remission judgments imposed state criminal judges hamper flexibility judges choosing combination imprisonment fines restitution likely rehabilitative deterrent goals state criminal justice systems pp face compel conclusion discharge voids restitution orders imposed conditions probation state courts nothing house senate reports indicates language read intrusively section protects traditional criminal fines although restitution unlike traditional fines forwarded victim may calculated reference amount harm offender caused neither statute qualifying clauses namely fines must benefit governmental unit compensation pecuniary loss allows discharge criminal judgment takes form restitution decision impose restitution generally turn victim injury penal goals state defendant situation pp powell delivered opinion rehnquist brennan white blackmun scalia joined marshall filed dissenting opinion stevens joined post carl schuman assistant attorney connecticut argued cause filed briefs petitioners francis dineen argued cause filed brief respondent briefs amici curiae urging reversal filed state alabama et al susan crump david crump attorneys general respective follows charles graddick alabama harold brown alaska robert corbin arizona john van de kamp california duane woodard colorado charles oberly iii delaware jim smith florida corinne watanabe hawaii james jones idaho neil hartigan illinois linley pearson indiana thomas miller iowa robert stephan kansas steven beshear kentucky william guste louisiana stephen sachs maryland frank kelley michigan hubert humphrey iii minnesota william webster missouri michael greely montana brian mckay nevada stephen merrill new hampshire irwin kimmelman new jersey paul bardacke new mexico lacy thornburg north carolina nicholas spaeth north dakota michael turpen oklahoma david frohnmayer oregon leroy zimmerman pennsylvania arlene violet rhode island travis medlock south carolina michael cody tennessee david wilkinson utah john easton vermont mary sue terry virginia kenneth eikenberry washington bronson la follette wisconsin mcclintock wyoming national governors association et al benna ruth solomon beate bloch philip lacovara susan thorner justice powell delivered opinion granted review case decide whether restitution obligations imposed conditions probation state criminal proceedings dischargeable proceedings chapter bankruptcy code carolyn robinson pleaded guilty larceny second degree charge based wrongful receipt welfare benefits connecticut department income maintenance november connecticut superior sentenced robinson prison term less one year three years suspended execution sentence placed robinson probation five years condition probation judge ordered robinson make restitution state connecticut office adult probation probation office rate per month commencing january continuing end probation february robinson filed voluntary petition chapter bankruptcy code et bankruptcy district connecticut petition listed restitution obligation debt february bankruptcy notified connecticut agencies robinson petition informed april deadline filing objections discharge agencies file proofs claim objections discharge apparently took position bankruptcy affect conditions robinson probation thus agencies participate distribution robinson estate may bankruptcy granted robinson discharge see time robinson received discharge bankruptcy paid restitution may attorney wrote probation office believed discharge altered conditions robinson probation voiding condition pay restitution robinson made payments connecticut probation office respond letter february informed robinson considered obligation pay restitution nondischargeable robinson responded filing adversary proceeding bankruptcy seeking declaration restitution obligation discharged well injunction prevent state officials forcing robinson pay trial bankruptcy entered memorandum proposed order concluding discharge bankruptcy altered conditions robinson probation robinson mcguigan adopted analysis applied similar case decided one month earlier pellegrino pellegrino division criminal justice pellegrino began bankruptcy code definitional sections first defines debt liability claim turn defines claim right payment whether right reduced judgment liquidated unliquidated fixed contingent matured unmatured disputed undisputed legal equitable secured unsecured finally defines creditor entity claim debtor arose time order relief concerning debtor pellegrino examined statute connecticut judge sentenced debtor pay restitution restitution appears one condition probation enumerated stat section restitution payments sent probation office payments forwarded victim although connecticut penal code provide enforcement probation conditions victim authorize trial issue warrant arrest criminal defendant violated condition probation connecticut statute allow victim enforce right receive payment concluded neither victim probation office right payment hence neither owed debt bankruptcy code argued unlike obligation arises contractual statutory common law duty obligation rooted traditional responsibility state protect citizens enforcing criminal statutes rehabilitate offender imposing criminal sanction intended purpose acknowledged tension conclusion code expansive definition debt found exception statutory definition tradition restraint federal courts interference traditional functions state governments concluded even probation condition debt subject bankruptcy jurisdiction nondischargeable code subsection provides discharge bankruptcy affect debt fine penalty forfeiture payable benefit governmental unit compensation actual pecuniary loss also concluded purpose restitution condition promote rehabilitation offender compensate victim specifically rejected argument restitution must deemed compensatory amount precisely matched victim loss noted state statute allows offender make restitution fruits offense make restitution amount afford pay provide suitable manner loss damage caused thereby stat view connecticut statute focuses upon offender victim restitution part criminal penalty rather compensation victim actual loss thus bankruptcy held bankruptcy discharge affected conditions pellegrino probation district district connecticut adopted bankruptcy proposed dispositions pellegrino case without alteration appeals second circuit reversed robinson first examined code definition debt although recognized courts reached opposite conclusion decided restitution obligation imposed condition probation debt relied legislative history code evinced congress intent broaden definition debt much narrower definition bankruptcy act also noted anomalies might result conclusion obligation debt importantly nondebt status deprive state opportunity participate distribution debtor estate concluded restitution obligations debts turned question dischargeability stated appropriate connecticut agency probably avoided discharge debt objected code objections discharge filed concluded state rely subsection provides automatic nondischargeability certain debts looked text connecticut statute determine whether robinson probation condition compensation actual pecuniary loss within meaning bankruptcy considered entire state probation system appeals focused language allows restitution order assessed loss damage caused crime stat thought language compelled conclusion probation condition compensation actual pecuniary loss held therefore particular condition robinson probation protected discharge accordingly reversed district granted state petition writ certiorari jurisdiction review judgment appeals reverse ii appeals decision focused primarily language code course starting point every case involving construction statute language blue chip stamps manor drug stores powell concurring text starting point justice explained last term expounding statute must guided single sentence member sentence look provisions whole law object policy offshore logistics tallentire quoting mastro plastics nlrb turn quoting heirs boisdore case must consider language light history bankruptcy deference criminal judgments light interests unfettered administration criminal justice systems courts traditionally reluctant interpret federal bankruptcy statutes remit state criminal judgments present text title commonly referred bankruptcy code enacted replace bankruptcy act ch stat treatment criminal judgments act informs understanding language code first act established category allowable debts see collier bankruptcy ed debt allowable creditor receive share bankrupt assets see case important note excluded class allowable debts penalties owed government entities section provided debts owing state county district municipality penalty forfeiture shall allowed except amount pecuniary loss sustained act transaction proceeding penalty forfeiture arose stat courts interpret act way despite clear statutory language courts refused allow discharge bankruptcy affect judgment state criminal leading case reasoned might admitted sections bankrupt act letter provisions looked embrace criminal penalties well settled may cases literal construction admissible may suffice say nothing ruling higher convince congress provision bankrupt act intended permit discharge operations judgment rendered state federal imposing fine enforcement criminal laws provisions bankrupt act reference alone civil liabilities demands debtor creditors punishment inflicted pro bono publico crimes committed moore wd moreover courts faced restitution obligations imposed part criminal sentences applied reasoning prevent discharge bankruptcy affecting condition criminal sentence instance four years congress enacted code new york stated discharge bankruptcy effect whatsoever upon condition restitution criminal sentence bankruptcy proceeding civil nature intended relieve honest unfortunate debtor debts permit begin financial life anew condition restitution sentence probation part judgment conviction create debt relationship persons making receiving restitution condition probationary sentence intended means insure defendant lead life thereafter state mosesson misc citations omitted last term declined hold new bankruptcy code silently abrogated another exception created courts construing old act midlantic national bank new jersey dept environmental protection trustee bankruptcy asked us hold code implicitly repealed exception trustee abandonment power courts created exception deference state health safety regulations consideration comparable interests implicated case stated normal rule statutory construction congress intends legislation change interpretation judicially created concept makes intent specific followed rule particular care construing scope bankruptcy codifications congress wishes grant trustee extraordinary exemption nonbankruptcy law intention clearly expressed left collected inferred disputable considerations convenience administering estate bankrupt quoting swarts hammer citations omitted interpretation code also must reflect basis judicial exception deep conviction federal bankruptcy courts invalidate results state criminal proceedings right formulate enforce penal sanctions important aspect sovereignty retained emphasized repeatedly fundamental policy federal interference state criminal prosecutions younger harris appeals nevertheless found support holding fact connecticut officials probably ensured continued enforcement criminal judgment robinson objected discharge although may true many cases hardly justifies interpretation act contrary view fines penalties affected discharge collier bankruptcy ed moreover reliance right appear object discharge create uncertainties impose undue burdens state officials cases require state prosecutors defend particular state criminal judgments federal bankruptcy courts justice brennan noted federal adjudication matters already issue state criminal proceedings unwarranted unseemly duplication state adjudicative process perez ledesma opinion concurring part dissenting part also robinson attorney conceded oral argument restitution orders protected discharge even state appear enter objection discharge example judge negligent homicide case might sentence defendant probation conditioned defendant paying victim husband compensation loss husband sustained defendant killed wife clear restitution order fit terms exceptions discharge listed thus interpretation code force state prosecutors defend state criminal judgments federal bankruptcy cases lead federal remission judgments imposed state criminal judges prospect turn hamper flexibility state criminal judges choosing combination imprisonment fines restitution likely rehabilitative deterrent goals state criminal justice systems think congress lightly limit rehabilitative deterrent options available state criminal judges one cases interpreting act justice douglas remarked read statutory words ease computer overriding consideration equitable principles govern exercise bankruptcy jurisdiction bank marin england recognized interest administering criminal justice systems free federal interference one powerful considerations influence considering equitable types relief see younger harris supra reflection federalism also must influence interpretation bankruptcy code case iii light established state law bankruptcy courts discharge criminal judgments serious doubts whether congress intended make criminal penalties debts within meaning need address question case hold preserves discharge condition state criminal imposes part criminal sentence relevant portion protects discharge debt extent debt fine penalty forfeiture payable benefit governmental unit compensation actual pecuniary loss reading differs second circuit face creates broad exception penal sanctions whether denominated fines penalties forfeitures congress included two qualifying phrases fines must benefit governmental unit compensation actual pecuniary loss section protects traditional criminal fines codifies judicially created exception discharge fines must decide whether result altered two major differences restitution traditional fine unlike traditional fines restitution forwarded victim may calculated reference amount harm offender caused view neither qualifying clauses allows discharge criminal judgment takes form restitution criminal justice system operated primarily benefit victims benefit society whole thus concerned punishing offender also rehabilitating although restitution resemble judgment benefit victim context imposed undermines conclusion victim control amount restitution awarded decision award restitution moreover decision impose restitution generally turn victim injury penal goals state situation defendant bankruptcy judge decided case noted pellegrino unlike obligation arises contractual statutory common law duty obligation rooted traditional responsibility state protect citizens enforcing criminal statutes rehabilitate offender imposing criminal sanction intended purpose point well illustrated connecticut statute restitution obligation imposed statute authorizes judge impose eight specified conditions probation well conditions reasonably related rehabilitation stat clause section authorizes judge require defendant make restitution fruits offense make restitution amount afford pay provide suitable manner loss damage caused thereby may fix amount thereof manner performance criminal proceedings focus state interests rehabilitation punishment rather victim desire compensation conclude restitution orders imposed proceedings operate benefit state similarly assessed compensation victim sentence following criminal conviction necessarily considers penal rehabilitative interests state interests sufficient place restitution orders within meaning light strong interests uniform construction old act century absence significant evidence congress intended change law area believe result best effectuates congress accordingly decision appeals second circuit reversed footnotes uncertainty total amount robinson ordered pay although judge imposed restitution total amount five years payments month total section protects discharge debts obtaining money property services extension renewal refinance credit false pretenses false representation actual fraud section protects discharge debts fraud defalcation acting fiduciary capacity embezzlement larceny debts protected discharge discharged unless creditor files objection discharge bankruptcy proceedings robinson convicted larceny one debts listed quite likely bankruptcy found obligation debt found nondischargeable subsection requirement creditors object discharge limited face listed debts described paragraph automatically nondischargeable general rule prescribed opening clause providing discharge section title discharge individual debtor debt listed paragraphs follow congress amended bankruptcy act several times congress also made numerous technical changes code bankruptcy amendments federal judgeship act pub stat none changes relevant decision although courts differed boundaries exception particularly cases involving nonmonetary sanctions sanctions imposed civil proceedings reasoning moore widely accepted see parker citing moore noting contemplation congress federal bankruptcy power employed pardon bankrupt consequences criminal offense zwick freeman citing moore stating governmental sanctions regarded debts even require monetary payments found one decision allowing discharge act affect sentence imposed criminal alderson decisions adopting reasoning see people topping misc crim people washburn cal app cal rptr many cases course principles issue preclusion obviate need bankruptcy reexamine factual questions interpret state law differences elements crimes provisions frequently might hinder application issue preclusion moreover apart burden state officials following participating bankruptcy proceedings unseemly require state prosecutors submit judgments criminal courts federal bankruptcy courts course federal courts often duplicate state adjudicative processes consider petitions writ habeas corpus explicit reference constitution art cl well several federal statutes testifies importance writ habeas corpus case relitigation federal courts rests ambiguous words bankruptcy code restitution effective rehabilitative penalty forces defendant confront concrete terms harm actions caused penalty affect defendant differently traditional fine paid state abstract impersonal entity often calculated without regard harm defendant caused similarly direct relation harm punishment gives restitution precise deterrent effect traditional fine see note victim restitution criminal process procedural analysis harv rev justice frankfurter advocated similar approach interpretation regulatory statutes infringe upon important state interests task one accommodation assertions new federal authority historic functions individual federal legislation character therefore construed without regard implications dual system government underlying assumptions dual form government consequent presuppositions legislative draftsmanship expressive history habits cut across might otherwise implied range legislation history congressional legislation justif ies generalization federal government takes local radiations vast network national economic enterprise thereby radically readjusts balance state national authority charged duty legislating reasonably explicit frankfurter reflections reading statutes colum rev recognize appeals emphasized code definition debt broadly drafted legislative history well code various priority dischargeability provisions supports broad reading definition nothing legislative history sections compels conclusion congress intended change state law respect criminal judgments analysis legislative reports see explanations section commentators see collier bankruptcy ed norton bankruptcy law practice fact commentators expressly state language intrusive effect sought robinson see collier norton seems likely limitation fines assessed benefit governmental unit intended prevent application subsection wholly private penalties punitive damages see doc pt pp reference compensation actual pecuniary loss senate report indicates main purpose language prevent applied tax penalties supra acknowledge comments hearings bankruptcy laws commission report may suggest language bears interpretation adopted second circuit none statements made member congress included official senate house reports decline accord significance statements see mccaughn hershey chocolate singer sutherland statutory construction pp ed context courts forced evaluate treatment restitution orders determining whether compensatory penal several lower courts addressed constitutionality federal victim witness protection act act defendants right jury trial amount restitution even though seventh amendment require trial issue decided civil case see note right jury trial determine restitution victim witness protection act texas rev every federal appeals considered question concluded criminal defendants contesting assessment restitution orders entitled protections seventh amendment see citing cases justice marshall justice stevens joins dissenting petitioners failed assert timely objection discharge respondent robinson restitution debt majority goes considerable lengths excuse default respondent concedes restitution obligation discharged petitioners objected timely fashion tr oral arg notified respondent bankruptcy proceeding however petitioners nothing told file objection robinson discharge robinson counsel informed connecticut office adult probation probation office robinson discharge robinson belief need make payments probation office respond almost three years robinson discharge bankruptcy probation office inform robinson consider debt discharged intended enforce restitution order charitably attributes petitioners inaction fact start petitioners took position assert ante representations oral argument suggest failed object state agencies admittedly somewhat confused handle tr oral arg little perplexed first time happened petitioners seek broad construction statute excuse waiver right object thereby guarantee robinson restitution obligation discharged opinion however statute fairly read arrive result majority reaches today concludes criminal restitution obligation nondischargeable fine penalty forfeiture payable benefit governmental unit compensation actual pecuniary loss ibid find unconvincing majority conclusion criminal restitution order issue compensation actual pecuniary loss restitution imposed condition probation connecticut statute part penal sanction also intended compensate victims injuries statute permits require defendant condition probation make restitution fruits offense make restitution amount afford pay provide suitable manner loss damage caused thereby stat emphasis added restitution order purely penal statute connect amount restitution damage imposed tying amount restitution amount actual damage sustained victim strongly suggests payment meant compensate victim comports theory underlying restitution sanctions restitution simply punishment incidentally compensates victim indeed compensation essential element restitution scheme wrong victim crime must redressed penalizing offender restoring victim far possible position original criminal act never occurred barnett hagel assessing criminal restitution retribution legal process assessing criminal restitution retribution legal process see also victim control whether restitution imposed sum mean restitution compensation actual pecuniary loss accept avoid consequences respondent discharge bankruptcy finding restitution obligation debt first scope debts code expansive debt defined liability claim claim defined right payment legislative history code indicates claim given broadest possible definition see also ohio kovacs apparent congress desired broad definition claim light broad scope debt code agree appeals probation office right payment notwithstanding right enforceable threat revocation probation incarceration rather threat levy execution debtor property right less cognizable obligor must suffer loss freedom rather loss property upon failure pay robinson definition debt intentionally broad ensure debtor meaningful discharge also guarantee many creditors possible right participate distribution property estate see supra nder liquidation chapters bankruptcy act certain creditors permitted share estate nature claims debtor discharged claims thus relief debtor incomplete creditors given opportunity collect case claims proposed law permit complete settlement affairs bankrupt debtor complete discharge fresh start omitted wholly sympathy policy interests underlying opinion constitutional system commitment separation powers fundamental us congressional action judicially decreeing accords common sense public weal constitution vests responsibilities political branches tva hill congress might amended code achieve result reached confronted question us speculate much less act whether congress altered stance specific events case anticipated affirm judgment permit congress inclined amend bankruptcy code specifically make criminal restitution obligations nondischargeable bankruptcy respectfully dissent robinson restitution debt doubtless come respectively provide discharge bankruptcy affect debt obtaining money false pretenses false representation actual fraud debt fraud defalcation embezzlement larceny prevent discharge debts however creditor must make timely objection debtor must receive notice hearing see bkrtcy rule rather argue solely restitution order fits precisely within language appears rely part fact prior enactment bankruptcy code fines penalties rendered nondischargeable bankruptcy judicially created exception discharge majority contends congress enacted code background established judicial exception discharge criminal sentences ante congress deemed abrogate judicially created law unless makes explicit intent far abrogating judicially created law making fines penalties nondischargeable general matter congress codified law added requirements historical basis exception negate additional limitations expressed statute qualification fine penalty forfeiture must payable benefit governmental unit consideration restitution order case meets requirement however victim robinson larceny government agency victim private individual legitimately said restitution payments destined individual made benefit governmental unit restitution intended repay private victim damage done benefit governmental unit sense state comes within definition governmental unit see benefited every time justice served appears take approach stating criminal justice system operated primarily benefit victims benefit society whole ante requirement read broadly however fine penalty forfeiture benefit governmental unit making qualification superfluous though connecticut permit victim enforce restitution order civil judgment jurisdictions see order restitution imposed federal may enforced victim named order receive restitution manner judgment civil action code ann restitution order shall enforceable civil judgment execution statutes even difficult argue criminal restitution order create right payment consequently debt compare pellegrino bkrtcy since crime victim right payment restitution debt bankruptcy code newton bkrtcy nd holding since georgia law provided enforcement restitution orders victim georgia order restitution debt estate distributed payment claims see legislative history makes clear terms debt claim coextensive creditor claim debtor debtor owes debt creditor solution postpones problem holding restitution obligation nondischargeable leaves open possibility obligations dischargeable chapter see norton bankruptcy law practice collier bankruptcy ed broader discharge intended incentive debtors complete performance chapter plans see newton supra holding restitution order nondischargeable opinion therefore lay rest difficulties courts coordinating bankruptcy code state criminal restitution statutes