Bankr. No.:
00-40914
Adv. No.:
02-4062
Chapter:
13
Date of Decision:
August 27, 2003
Issue:
Whether Plaintiff's claim against Defendants-Debtors was excepted from discharge under 11 U.S.C. § 1328(a)(3) where Debtor Joy Meinders had been convicted of stealing money from the estate that Plaintiff represented and ordered to pay restitution to Plaintiff, but where the state court also gave Plaintiff a civil judgment to enforce the restitution order?
Ruling:
The fact that the state court also gave Plaintiff a civil judgment to enforce the criminal restitution order did not remove the restitution order from § 1328(a)(3). Thus, the restitution debt was not dischargeable as to Debtor Joy Meinders. Since there was no criminal restitution order against Debtor Ray Meinders, there was no declaration that the subject debt was not dischargeable as to him.
Full Bankruptcy Court Decision:
