QUESTION

The Question that's so hard for lawyers to answer? WHY?

Asked on Apr 08th, 2014 on Criminal Law - New Jersey
More details to this question:
I Filed for Bankruptcy chapter 7 in (2008), went to jail on bankruptcy fraud charges for 18 months, my bankruptcy got dismissed, the bankruptcy petition included over 600k in unsecured credit card debt, I got Criminal Restitution now owed in the amount of 200k, on the judgement of commitment it tells me to make the check payable to the clerks office of New Jersey, there are no listed creditors on that judgement, now the big question, all my creditors are coming after me now with judgements because my bankruptcy got DISMISSED so how can the government come up with a loss amount of around 200k when there is no loss because I still ow all my unsecured credit cards. Now that im out of jail, do I file a motion to vacate the criminal restitution? because there was no loss, do I file a 2255? and I still ow all the same creditors? This is the question that nobody really can answer and I just don't know why... So do I got to pay both people and just win the lottery and just pay pay
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1 ANSWER

Criminal Defense Attorney serving Toms River, NJ at Edward J. Dimon
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i am assuming that these are federal charges. if so, restitution is mandatory. the us attorney has a group that only does restitution. we just negotiated a settlement with them and were able to lower the monthly payments to a modest amount. please let me know if we can help. ed dimon, esq. 732-797-1600 ext 235
Answered on Apr 09th, 2014 at 5:55 PM

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