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Ellen
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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I had filed Chapter 7. It was subsequently discharged 4/07.

Customer Question

I had filed Chapter 7. It was subsequently discharged 4/07. At the time of bankruptcy I had a both a restitution order and a civil judgment - both having to do with the same act, but the restition order was the final document signed by the victims in a criminal proceeding. I listed the civil judgment in the bankruptcy proceding and it was discharged. I still am still responsible for the restitution order for which I continue to pay. My understanding is that the victims, in this case, can't collect twice and therefore the civil judgment was discharged.   --- Just recently a third-party creditor who now has the civil judgment tried to claim I still owed on the judgment. They claim that I didn't notice the victims correctly. I believe I did as I sent the notice to their attorney who represented them in the criminal and civil matter. --- The third party creditor has backed off, however, my question is there some sort of statutue of limitations that they have to contest the discharge?
Submitted: 8 years ago.
Category: Bankruptcy Law
Customer: replied 8 years ago.

California


Already Tried:
I am unable to get a clear answer from the attorney who represented me in the civil suit as to whether he believes that they have a claim against me that I didn't notice the creditor correctly. I noticed the creditor's attorney who represented them in the criminal matter because at the time I was on parole and was ordered not to have any contact with the victims. -- There is also the issue of whether the civil judgment was dischargable. I believe it is because there is already a restition order signed by the victims, which I have been paying on. In addition, the restition order can convert to a civil judgment in 5 years.
Expert:  Ellen replied 8 years ago.

Hello,


Thank you for your question. I am happy to assist you.


It appears that you did properly notice the creditors by noticing their attorney. An objection to the dischargability of a dischargable debt is required to be filed in the form of an adversary proceeding prior to the issuance of the discharge.


I hope that the information which I provided was helpful to you.


Best wishes for a successful outcome. If you have additional questions, please do not hesitate to submit them to me directly.


Thank you,
FLAandNYLAWYER


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Customer: replied 8 years ago.

the question as to whether you believe the civil judgment was dischargable wasn't answered. The bankruptcy court discharged the debt. However, can the victims have my case re-opened - arguing to BK court that the debt was not dischargable? And, if they can contest.....how long of time do they have to do this?

Customer: replied 8 years ago.
What statutory code are you basing your reasoning on? Can it be found in Title 11 of the Federal Bankruptcy code? Or, do you have a court case that you can cite?
Expert:  Ellen replied 8 years ago.
Hello,

whether you believe the civil judgment was dischargable


It depends on what the judgment was for. If it is for a debt that was otherwise dischargable, then it likely is discharged. However, it likely was not discharged if it was related to a debt that is nondischargable, such as debts for alimony and child support, certain taxes, debts for certain educational benefit overpayments or loans made or guaranteed by a governmental unit, debts for willful and malicious injury by the debtor to another entity or to the property of another entity, debts for death or personal injury caused by the debtor's operation of a motor vehicle while the debtor was intoxicated from alcohol or other substances, and debts for certain criminal restitution orders.11 U.S.C. § 523(a).

Debts for money or property obtained by false pretenses, debts for fraud or defalcation while acting in a fiduciary capacity, and debts for willful and malicious injury by the debtor to another entity or to the property of another entity will be discharged unless a creditor timely files and prevails in an action to have such debts declared nondischargeable. 11 U.S.C. § 523(c); Fed. R. Bankr. P. 4007(c).

However, can the victims have my case re-opened - arguing to BK court that the debt was not dischargable? And, if they can contest.....how long of time do they have to do this?

Bankruptcy Rule 4007 provides that a complaint to determine the dischargeability of any debt pursuant to Sec. 523(c) must be filed not later than 60 days following the first date set for the meeting of creditors held pursuant to Sec. 341(a). On motion of any party, after hearing on notice, the court may for cause extend the time, but the motion must be made before the time has expired.

 

 

I hope that this information has helped you.


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