After discharge of a debt even court related or criminal restitution am I required to continue payments?

Asked 12 months ago - Durham, NC

I filed chapter 7 no asset 11/2011 listed a restitution debt from 2006 in the amount of$ 7200.00. The court was notified and did not respond so the debt was discharged with no contest to the filing.

Attorney answers (2)

  1. Diane L Gruber

    Pro

    Contributor Level 18

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    Answered . Criminal restitution is not discharged in bankruptcy. Nothing has to be objected to, as such debt is clearly stated in the Bankruptcy Code as non-dischargeable. Moreover, it is a condition of your sentencing. If you don't pay, you will have to deal with the criminal court.

    Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662.... more
  2. Michael J Corbin

    Contributor Level 20

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    Answered . Restitution orders are non-dischargeable as a matter of law, so there was no need for the "court" to "contest" it. You still owe it regardless.

    We can be reached at 507.334.0155 (Toll Free: 888.777.5009). Our web address is: www. corbin-law-office.com.... more

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