QUESTION

Can a court ordered restitution be discharged when filing bankruptcy?

Asked on Mar 08th, 2012 on Bankruptcy - California
More details to this question:
A coworker was court ordered to pay restitution to me for a bounced check of$3500. She is now claiming bankruptcy. Can she include this court order in her bankruptcy?
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11 ANSWERS
Answered on May 30th, 2013 at 8:31 PM
No.

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Answered on Mar 12th, 2012 at 2:30 PM
Probably not, however, it may not be automatic. You may have to file an Objection to your Claim being Discharged in bankruptcy per 11 U.S.C. 523. That would be the safest thing to do, then the Bankruptcy Court could enter an Order specifically stating your debt survives the bankruptcy discharge.

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Answered on Mar 12th, 2012 at 2:02 PM
Court ordered fines are not dischargeable in bankruptcy.

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Answered on Mar 09th, 2012 at 1:51 PM
It would be discharged unless you bring an adversary complaint and are able to prevail.

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Answered on Mar 09th, 2012 at 12:25 PM
Everything is included in bankruptcy but not everything is discharged. 523(a)(13) excepts from discharge court ordered restitution in federal cases. State ordered restitution could be found to be non-dischargeable under (a)(6) but would require you to file an adversary proceeding for determination by the bankruptcy court. If the state court's order was for it to be paid to the Clerk of Court and then you get it, there are cases that say this is actually a penalty under (a)(7) and would be non-dischargeable even without you having to file an action.

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Answered on Mar 09th, 2012 at 6:59 AM
Generally, no, but you may have to file appropriate motions with the court, so see a lawyer.

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Answered on Mar 09th, 2012 at 6:37 AM
No. Criminal resitution is not dischargeable in bankruptcy.

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Answered on Mar 09th, 2012 at 5:32 AM
If it is a restitutuion as part of the criminal proceeding and sentence, then cannot be discharged.

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Answered on Mar 09th, 2012 at 5:00 AM
This debt would be considered a nondischargeable debt in bankruptcy.

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Answered on Mar 08th, 2012 at 11:21 PM
Restitution ordered as part of probation in a criminal case is not dischargeable in bankruptcy. Restitution is always ordered as part of the conditions of probation so you should be able to receive the amount owed. If restitution was not ordered by the criminal court as part of the conditions of probation then it is civil restitution which is just a regular debt and it is dischargeable in bankrutpcy generally.

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Answered on Mar 08th, 2012 at 10:47 PM
No, the general rule is that restitution is not dischargeable.

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