Criminal Judgments?

[breenarina]

[lrprn]

Breenarina, you will get more and better responses with just one thread asking your same question, so I deleted the two duplicate threads that you created in other forum areas. This way, all your responses will be attached to this one thread, not spread across three, and everyone can follow the discussion much more easily.

As to your question about whether your criminal judgment can be discharged, given the circumstances you're describing, it's a complex question that will need to be answered by an experienced Ch 7 bankruptcy lawyer who is very familiar with the customs of the local trustee and judge in your area.

I'm not a lawyer, but a quick Net search unearthed the following regarding at two reliable bankruptcy websites regarding discharge of criminal judgments:

Findlaw at http://bankruptcy.findlaw.com/bankru...ing-debts.html states, "Generally speaking, in a Chapter 7 proceeding, the following debts are not discharged - Government-imposed restitution, fines, and penalties" . Findlaw also states, "In addition, the following debts are not discharged if the creditor objects during the case and proves that the debt fits one of these categories - Debts from willful and malicious acts." This also sounds like it could fit the circumstances you've described.

Moran Law Group's website at http://www.moranlaw.net/7discharge.htm lists what can be discharged in Ch 7. Under 'Possibly Dischargeable' is "Debts Incurred by Fraud or Dishonesty", and under 'Not Dischargeable' is "Criminal fine or restitution". Sounds like your situation may fall between these.

You need to set up appointments with 3-4 experienced bankruptcy lawyers in your area. Most give free half hour to hour consultations, and you'll learn a lot about what needs to be in place for you to file successfully. Please come back and let us know what you find out about your judgment's dischargeability. Good luck - hope you get the answer you want very soon!

[HHM]

I guess the first question is, how much do you still owe? How long ago was the order of restitution entered?

In whose name is the judgment (I don't mean the actual persons name), but who has the right to enforce the judgment. For example, if someone were to attempt to garnish your wages, who would that be...the State, the victim, etc?

I don't know if there will be a "clear" answer to your question, so it would require some manner of litigation in bankruptcy court, which would mean more attorney's fees and a more complicated BK. Someone, probably you, will need to make a Motion to Determine Dischargability of the debt in question and provide the judge with a legal brief and probably argue the motion at a hearing.

As you have already discovered, the general rule is that, pretty much any money owed, that is the result of a criminal prosecution cannot be discharged. I suppose the oppositions argument would be that the "current" status of the debt is not relevant because the act that gave rise to the money being owed was criminal in nature.

I would give you "benefit of the doubt" of 60/40, i.e. 60% chance the debt is nondischargeable, 40% that it is dischargeable.

In any event, its an interesting question and I hope you come back and post what you find out when, and if you talk to a lawyer (which you should do).

[bige1030]