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    Can Criminal Court Orders for restitution be discharged with Chapter 7?

    Asked Oct 16, 2005, 11:41 AM 13 Answers
    I was just notified by a Bankruptcy Court that an individual who has been ordered to pay restitution to me in both a CIVIL and CRIMINAL lawsuit has applied for a Chapter 7 Bankruptcy. She is presently paying on the criminal order so that she won't be returned to prison.
    Is it possible to have either of these type debts discharged by filing Chapter 7?
    Thank you, DJ

    Last edited by DemandJustice; Oct 16, 2005 at 11:46 AM.
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    SSchultz0956's Avatar
    SSchultz0956 Posts: 121, Reputation: 10
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    #2

    Oct 17, 2005, 09:06 AM
    What kind of debt are they paying off to you? At least give a general answer.
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    DemandJustice's Avatar
    DemandJustice Posts: 4, Reputation: 1
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    #3

    Oct 17, 2005, 07:01 PM
    Chapter 7 dischargeable debts
    SSchultz0956:

    The debts owed to me are as a result of a criminal conviction of theft by deception (tricking and then threatening my aged Mother out of 70 + thousand dollars). She served 10 years in prison and is now out on parole and is paying on the criminal restitution and I have just had the civil conviction restitution order (for the additional amount) revived for another 10 years.
    Both restitution amounts result from her crime and 2 court cases.
    Can either of these be "discharged" with a chapter 7 bankruptcy?
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    SSchultz0956's Avatar
    SSchultz0956 Posts: 121, Reputation: 10
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    #4

    Oct 18, 2005, 04:11 PM
    That is a good question. I suspect that the answer is yes and no. It
    Is not one of the traditional non-dischargeable debts, such as student
    Loans, back taxes, alimony payments, child support, etc. however, my
    Guess would be that the court is not obligated to honor the bankruptcy
    As far as being cleared for purposes of satisfying the sentence. In
    Other words, the courts would probably be enjoined from physical
    Collection by the automatic stay provisions of the bankruptcy code, but it would still show up on the debtors criminal court record as an unsatisfied
    Obligation, and subject the defendant to probation violation, further
    Punishment, etc.
    Helpful (1)
    DemandJustice's Avatar
    DemandJustice Posts: 4, Reputation: 1
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    #5

    Oct 19, 2005, 07:29 PM
    Bankruptcy/Chap 7/discharable debts
    SS
    Thank you for your input. Seems that you agree with me that the parolee is obligated to pay or "pay". The Criminal Court has made it a provision in her parole that she must work and pay restitution until she has completed payment of the 37,000 + dollars. Even if the bankruptcy court relieves her of the Civil debt, she would still be duty bound by the Criminal Court to pay as directed or return to prison to complete her sentence which is Aug 2014.

    I am having my attorney send copies of the Court papers to the Bankruptcy Court so that they might understand just what the debts are about.

    I believe her date is mid Nov. I shall try to reconnect with you to let you know the outcome.

    I am in the State of Alabama. Are you of the legal profession?
    DJ
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    SSchultz0956's Avatar
    SSchultz0956 Posts: 121, Reputation: 10
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    #6

    Oct 19, 2005, 08:03 PM
    No, I'm not in the legal profession YET. I'm still in college, but ill be specifically getting into tax law. Yeah, let me know how it goes.
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    slippydippydo's Avatar
    slippydippydo Posts: 38, Reputation: 1
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    #7

    Oct 30, 2005, 04:51 PM
    Restitution is not dischargeable .
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    DemandJustice's Avatar
    DemandJustice Posts: 4, Reputation: 1
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    #8

    Nov 3, 2005, 08:14 PM
    Bankruptcy Discharageables
    Thank you! I hope you are correct. I feel they shouldn't be but so many of our laws seem to "protect" the wrong people today.
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    sideoutshu's Avatar
    sideoutshu Posts: 225, Reputation: 23
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    #9

    Dec 9, 2005, 01:21 PM
    Judgments such as this are not dischargable.
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    Fr_Chuck's Avatar
    Fr_Chuck Posts: 75,733, Reputation: 7219
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    #10

    Dec 9, 2005, 01:34 PM
    Payment


    The fines, and payment to the victims of crimes are not dischargable under bankruptcy laws.

    The payments are required under the terms of criminal courts and failure to pay these can result in further criminal action.
    Helpful

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