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Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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I live in North Dakota and in 2003 I filed chapter 7 and included

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I live in North Dakota and in 2003 I filed chapter 7 and included a debt I owed for restitution. My lawyer said that I could file on it so that when i was off probabtion and got a civil judgement for the rest of my restitution it was covered under my bankruptcy and could be then discharged and deemed uncollectible. They people I owed the restitution too never came and fought the bankruptcy and the debt was discharged. Can they still collect?

If the debt was discharged in your Chapter 7 bankruptcy, the creditor cannot take any action to collect. It is illegal to attempt any collection on a debt previously discharged in bankruptcy.
Customer: replied 7 years ago.

So you do understand that it was criminal restitution that was filed bankruptcy on so that when it was turned into a civil judgement it was uncollectible. It was discharged and now they are trying to collect.


Criminal restitution is not dischargable. Civil restitution is dischargable unless the creditor objected in the bankrptcy by filing an adversary proceeding.
Customer: replied 7 years ago.
We didn't discharge it until now when they want to try and collect because it went from a criminal restitution to civil restitution. Can they fight it now and still collect the money?
Provided the person was listed on your bankruptcy petition it has been discharged.
Customer: replied 7 years ago.
They were listed on the bankruptcy and it was discharged. So they can't collect?
Customer: replied 7 years ago.
Thank you so much! My lawyer said the same thing but I'm still worried because we are buying a house and it showed up so now we have to reopen the bankruptcy case because this person is trying to collect and somehow got a judgement against me on a debt that was listed on the bankruptcy, and now that it's a civil judgement and not a criminal restitution(criminal turned into civil after probation) we have to get it discharged.
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