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IN RE SWEENEY

No. 06-1224.

492 F.3d 1189 (2007)

In re Shea Thomas SWEENEY, a/k/a Shea T. Sweeney, a/k/a Shea Sweeney, Debtor. Colorado Judicial Department, Plaintiff-Appellant, v. Shea Thomas Sweeney, Defendant-Appellee. Property Casualty Insurers Association, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

July 11, 2007.

Attorney(s) appearing for the Case

Melody Mirbaba, Assistant Attorney General (John W. Suthers, Attorney General, and Maurice Knaizer, Deputy Attorney General, with her on the briefs), Denver, CO, for Plaintiff-Appellant.

Raphael M. Solot, Denver, CO, for Defendant-Appellee.

Mark W. Williams, Cage Williams, P.C., Denver, CO, on the brief for Amicus Curiae.

Before HARTZ, McKAY, and GORSUCH, Circuit Judges.

McKAY, Circuit Judge.

Plaintiff-Appellant Colorado Judicial Department ("CJD") appeals the decision of the Bankruptcy Appellate Panel ("BAP") reversing the bankruptcy court for the District of Colorado and concluding that restitution ordered pursuant to juvenile delinquency proceedings is dischargeable under 11 U.S.C. § 1328(a)(3). CJD argues that an adjudication of guilt resulting from juvenile delinquency laws is equivalent to a conviction of crime, and, therefore...

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