Can a court ordered restitution be discharged when filing bankruptcy? 16 Answers as of May 30, 2013

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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Philip R. Boardman, Attorney at Law
Philip R. Boardman, Attorney at Law | Phil Boardman
No.
Answer Applies to: Virginia
Replied: 5/30/2013
Debt Relief Law Center | Roger J. Bus
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.
Answer Applies to: Michigan
Replied: 3/12/2012
Bankruptcy Law office of Bill Rubendall
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
Court ordered fines are not dischargeable in bankruptcy.
Answer Applies to: California
Replied: 3/12/2012
Indianapolis Bankruptcy Law Office of Eric C. Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
It would be discharged unless you bring an adversary complaint and are able to prevail.
Answer Applies to: Indiana
Replied: 3/9/2012
J.M. Cook, P.A. | J.M. Cook
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.
Answer Applies to: North Carolina
Replied: 3/9/2012
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    They can try but you may need to hire an attorney to fight it based on 11 U.S.C 523, which says fraud is not dischargeable in bankruptcy.
    Answer Applies to: New York
    Replied: 3/9/2012
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Generally, no, but you may have to file appropriate motions with the court, so see a lawyer.
    Answer Applies to: Georgia
    Replied: 3/9/2012
    William P. Turner Law Office, P.A. | William P. Turner
    No. Criminal resitution is not dischargeable in bankruptcy.
    Answer Applies to: Kansas
    Replied: 3/9/2012
    Law Office of Jeffrey Solomon
    Law Office of Jeffrey Solomon | Jeffrey Solomon
    If it is a restitutuion as part of the criminal proceeding and sentence, then cannot be discharged.
    Answer Applies to: Florida
    Replied: 3/9/2012
    T.K. Byrne | Timothy K. Byrne
    This debt would be considered a nondischargeable debt in bankruptcy.
    Answer Applies to: Mississippi
    Replied: 3/9/2012
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    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.
    Answer Applies to: California
    Replied: 3/8/2012
    The Law Offices of Kristy Qiu
    The Law Offices of Kristy Qiu | Mengjun Qiu
    Unfortunately she can. Unless it's a non-dischargeable debt.
    Answer Applies to: Florida
    Replied: 3/8/2012
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    She can include it, but to keep that debt from being discharged and fully payable to you would require you to file an Adversary Proceeding in her bankruptcy case seeking to keep the debt from being discharged as it is based on fraud or defalcation, which are reasons to keep a debt from being discharged.
    Answer Applies to: California
    Replied: 3/8/2012
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Restitution is not dischargeable - this fraud. You will have to bring an action in the bankruptcy court to enforce that. You might then consider going back to state court to make the fees involved in doing that more restitution.
    Answer Applies to: California
    Replied: 3/8/2012
    Dan Shay Law
    Dan Shay Law | Daniel Shay
    No, the general rule is that restitution is not dischargeable.
    Answer Applies to: California
    Replied: 3/8/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    There are certain debts that are not dischargeable and others in which you as the creditor need to file an objection to the discharge. Here, you have to file an objection to the discharge. If not, the debt is gone.
    Answer Applies to: California
    Replied: 3/8/2012
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