Can you file chapter 7 on restitution if you are still on probation?














?

No. Whether you are still on probation, I don't believe court-ordered restitution is dischargeable.

No this would not be dischargerable as you have to prove the debt to the trustee and this type of debt is not dischargeable in a chapter 7 proceeding as it is Court ordered.

Now that I look at it, I am not so sure.


"§ 523. Exceptions to discharge
11 USC (a) A discharge under section 727, 1141, 1228 (a), 1228 (b), or 1328 (b) of this title does not discharge an individual debtor from any debt—
...
(13) for any payment of an order of restitution issued under title 18, United States Code; ..."

There are other subsections, dealing with fraud, theft, etc.

But I suppose that there might be a conviction, under state criminal law and not title 18, which might not fit in one of the exceptions listed in section 523.

I think #13 is referring to any Federal restitution.

In all the bankruptcy filings I ever compiled I had never included a Student loan or a state/county court ordered restitution especially in a criminal case.

Will agree with twinkiedooter the issue with restitution is that it is at this point in a probation order, not a civil payment but a payment as part of a criminal sentence.

The other issue, that attempts to not pay, would violate the probation. So if they did get it included, the probation officer merely violates them for failure to follow the orders of probation

Even civil restitution cannot be discharged as the debt's source has to be proven to the trustee and restitutions are not allowed. This would come into play such as a horrible auto accident and the person had inadequate or no insurance and was court ordered to pay for damages and/or hospital bill of the injured party. Any debt's source must be proven to the trustee otherwise the person who has a civil restitution can just skate away from their obligations to pay. That is why any debt must be proven to the trustee before it is discharged.

Even civil restitution cannot be discharged as the debt's source has to be proven to the trustee and restitutions are not allowed. This would come into play such as a horrible auto accident and the person had inadequate or no insurance and was court ordered to pay for damages and/or hospital bill of the injured party. Any debt's source must be proven to the trustee otherwise the person who has a civil restitution can just skate away from their obligations to pay. That is why any debt must be proven to the trustee before it is discharged.

You are repeating yourself (3 times) and, although I don't know what exactly what you mean by "debt's source must be proven to the trustee", it appears you are using circular reasoning. Sure, in many cases a bankrupt may 'just skate away" from his or her obligations. That is, after all, what bankruptcy is all about.

Chapter 7 Nondischargeable Debts

In a Chapter 7 case, the most common types of debts that can't be discharged are:

•Taxes and tax liens
•Student loans
•Alimony and child support (domestic support obligations)
•Debts obtained through fraud, false pretenses or false representation
•Debts you failed to schedule in time to allow creditors to file proofs of claim (unscheduled debts)
•Debts for fraud while you were acting in a fiduciary capacity, or for embezzlement or larceny
•Debts for willful and malicious injury
•Debts for fines or penalties to governmental units
•Debts for judgments in wrongful death or personal injury lawsuits resulting from motor vehicle, vessel or aircraft accidents while you were intoxicated
•Condominium or cooperative association fees or assessments

From the Cornell University Law School site.

Chapter 7 Nondischargeable Debts

In a Chapter 7 case, the most common types of debts that can't be discharged are:

•Taxes and tax liens
•Student loans
•Alimony and child support (domestic support obligations)
•Debts obtained through fraud, false pretenses or false representation
•Debts you failed to schedule in time to allow creditors to file proofs of claim (unscheduled debts)
•Debts for fraud while you were acting in a fiduciary capacity, or for embezzlement or larceny
•Debts for willful and malicious injury
•Debts for fines or penalties to governmental units
•Debts for judgments in wrongful death or personal injury lawsuits resulting from motor vehicle, vessel or aircraft accidents while you were intoxicated
•Condominium or cooperative association fees or assessments

From the Cornell University Law School site.

OK, this seem to be a paraphrase or summary of section 523. But what's your point? I don't see anything about restitution.


... The other issue, that attempts to not pay, would violate the probation. So if they did get it included, the probation officer merely violates them for failure to follow the orders of probation

And if the PO did that, theoretically the bankrupt probationer could ask the bankrupt court to hold the PO in contempt of court for violation of the automatic stay.

•Debts for fines or penalties to governmental units

•Debts for fines or penalties to governmental units

A penalty is an exaction by government to punish the wrongdoer.

Restitution is different than a penalty. It is required payment, ordered in a criminal case, to an injured third party (not the government usually) intended as a substitute for that third party having to bring a separate civil case against the wrongdoer. A restitution order is not penal (punative), but instead remedial.

In a Chapter 7 case, the most common types of debts that can't be discharged are:

Yes, I know restitution is not listed per se in the listings of what and what cannot be discharged in a bankruptcy proceeding but ANY debt must be proven to the trustee's satisfaction before it can be discharged. Sometimes the trustee asks for paperwork to prove a debt and if the debtor produces court ordered restitution paperwork, the debt will not be discharged.