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