Harry Blackmun

“ I seriously doubt that "Congress lightly would limit the rehabilitative and deterrent options available to state criminal judges." Kelly, 479 U.S., at 49, 107 S.Ct., at 360-361.
The majority's decision today will have an adverse effect on the sentencing process. The judgment of sentencing courts and legislators that rehabilitation is the most effective form of punishment will be tempered by the knowledge that convicted criminals easily may avoid a sentence requiring restitution merely by obtaining a Chapter 13 discharge. Sentencing courts will be faced with a dilemma. ”

“ Indeed, " [i] n light of the established state of the law-that bankruptcy courts could not discharge criminal judgments," the Kelly Court expressed "serious doubts whether Congress intended to make criminal penalties 'debts' within the meaning of § 101 (4) ." 479 U.S., at 50, 107 S.Ct., at 361. If Congress had intended such a radical change, surely it would have spoken more clearly. In my view, Congress' attitude towards criminal sanctions is most clearly indicated in the statement that " [t] he bankruptcy laws are not a haven for criminal offenders." ”

“ As a result, when Congress enacted the Bankruptcy Code in 1978, there existed an "established judicial exception to discharge for criminal sentences, including restitution orders." Ibid. See also Zwick v. Freeman, 373 F.2d 110, 116 (CA2 1967) (" [G] overnmental sanctions are not regarded as debts even when they require monetary payments") . Because criminal sanctions were not dischargeable, they were also not "provable," as the two terms tended to merge in pre-Code practice. ”

“ See Collier, supra, at ¶ 17.05, p. 1587 (pre-Code practice held that " [f] ines for violation of law, and forfeitures, are not provable [for purposes of § 63] , and, therefore, not dischargeable" (footnotes omitted) . ”