[stilzstars]

If one was found guilty of theft and forgery and had been orderd to pay restitution by a certain date and can they file a chapter 13 BK before that date and remove debt? Is this possible?

[twinkiedooter]

You won't be able to discharge this type of debt in a bankruptcy proceeding. Chapter 13 is only to consolidate and eventually repay debts. It is not used to discharge debts. You are thinking of a Chapter 7 filing. Either way you can't discharge a Court Ordered restitition. You only get to pay it off.

[excon]

Is this possible?

Hello s:

Restitution is a criminal sanction... That means if you don't pay it, they can violate your probation or parole. However, if you make every attempt to pay and you cannot, they can't violate you... If your probation/parole expires and you haven't paid it, the debt becomes civil... At THAT point, I think you can discharge it in bankruptcy.

excon

[twinkiedooter]

Hello s:

Restitution is a criminal sanction... That means if you don't pay it, they can violate your probation or parole. However, if you make every attempt to pay and you cannot, they can't violate you... If your probation/parole expires and you haven't paid it, the debt becomes civil... At THAT point, I think you can discharge it in bankruptcy.

excon

Nope. The Bankruptcy Trustee won't allow that. They frown on that sort of thing as they look at the original source of the "debt" and that's not considered a regular debt like a credit card or home loan type thing. I prepared bankruptcy filings (several hundred over 7 years) for my boss to sign and I never included any type of "restitution" thingy in any bankruptcy paperwork when I went to the Federal Courthouse to file them.

And if the restitution WAS included in a bankruptcy proceeding the other party would be informed of the bankruptcy trustee meeting, show up and demand that it NOT be discharged. The trustee certainly will not discharge it if the "victim" shows up and protests.

[twinkiedooter]

Exie, dear, please try to remember not to file your restitution thingy in bankruptcy court... (?) The same rules apply if (for instance) someone was in a horrible car accident and sued somebody and won a zillion dollar settlement/judgment. That settlement/judgment would not be dischargeable in bankruptcy court either as it was court ordered. Basically anything that is court ordered is not dischargeable otherwise everybody could just skip merrily down the road and get out of everything and anything by just ponying up the Federal bankruptcy filing fee.

P.S. I still like the way you dance... You're the best dancer ever.

[excon]

Exie, dear, please try to remember not to file your restitution thingy in bankruptcy court........... (?)

P.S. I still like the way you dance........ You're the best dancer ever.

Hello again, twink:

I don't owe 'em d*ck. I can shake my booty, can't I? You ain't no slouch yer damn self.

excon

[twinkiedooter]

******Blush********