Bankr. No.:
96-40163
Adv. No.:
96-4007
Chapter:
13
Date of Decision:
February 4, 1997
Issue:
Whether a criminal restitution debt is non dischargeable under § 1328(a)(3) where the government satisfied the criminal judgment when it obtained a civil judgment to enforce the restitution order before the restitution was paid in full?
Ruling:
The restitution order is still non dischargeable. Section 3663 of Title 18 allows the government to enforce a restitution order through either a civil or criminal judgment. When § 3663 is read in harmony with § 1328(a)(3), it is clear that the method of enforcing the judgment does not affect its dischargeability.
Full Bankruptcy Court Decision: