QUESTION
Is criminal restitution excused on bankruptcy or not?
Asked on Aug 15th, 2013 on Bankruptcy - Texas
More details to this question:
A 16 year old broke in and robbed my house. He was charged and jailed. Since he is a Juvenile, I subpoenaed his mother into small claims to pay restitution. She filed bankruptcy on the restitution. I am being told criminal restitution is NOT dischargeable by any bankruptcy. She has it down as property damage. I was told by her attorney that I better know the law before I pursue her any further or I could be fined.
6 ANSWERS
Bankruptcy Attorney serving Dallas, TX
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Polk & Associates
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For it to be "criminal restitution" it has to be an award made by a criminal court, not a small claims court. There are other criteria too, but that's the one that your question indicates will be your biggest roadblock.
Answered on Aug 23rd, 2013 at 2:00 PM
Sanford M. Martin
Bankruptcy is only for the discharge of certain kinds of debt, not any criminal charges.
Answered on Aug 23rd, 2013 at 2:00 PM
You are right, criminal restitution is never discharged in any kind of bankruptcy.
Answered on Aug 23rd, 2013 at 2:00 PM
2 Awards
Criminal restitution is nondischargeable. However, your judgement in civil court is not criminal restitution. It is ordered by the criminal courts. You may still have a nondischargeability claim against her under another argument, such a willful destruction of personal property or conversion. There are deadlines to being these claims.
Answered on Aug 23rd, 2013 at 2:00 PM
Deborah F. Bowinski
If you obtained a judgment in small claims court that is a civil judgment for money damages, not criminal restitution. Criminal restitution must be imposed by a court as a part of a criminal prosecution. Be very careful here. Trying to collect on a debt while a bankruptcy Automatic Stay is in place, or trying to collect on a discharged debt will create significant problems for you. You would be violating a Federal Court Order and there can be real consequences for that.
Answered on Aug 23rd, 2013 at 2:00 PM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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It is not dischargeable. You should file a proof of claim with the bankruptcy court for the amount of restitution.
Answered on Aug 23rd, 2013 at 2:00 PM