Legal Question in Criminal Law in California

I know someone who was convicted of a crime embezzelment $60,000 approximately 14 years ago in California, they were ordered to pay restitution however, circumstances were such that she did not earn enough money to pay off the debt, the probation went away and she was discharged or whetever it is called from the probation, I believe it was 5 years. She is now on welfare, with three children, has credit card debt that cannot be paid back under the present circumstances and has little option but to file chapter 7, if she lists the debt in the bankrupcy filing and serves the court (if necessary) and the victim what are the chances it will be dismissed by federal bankrupcy court!


Asked on 3/04/11, 5:14 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Criminal restitution orders are not dischargeable in bankruptcy.

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Answered on 3/04/11, 5:55 pm


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