Legal Question in Bankruptcy in Virginia
Subject: Dischargeability of court-ordered restitution to assault victim
Defendant was convicted in state court of misdemeanor assault and was ordered by judge to pay restitution to victim. Dischargeable debt under bankruptcy law?
Asked on 10/21/99, 5:00 pm
1 Answer from Attorneys
Daniel Press
Chung & Press, P.C.
Re: Subject: Dischargeability of court-ordered restitution to assault victim
Not dischargeable. There is an exception to discharge for court-ordered restitution, as well as an exception for willful and malicious injury, which would include assault. Even under the superdischarge provisions of Chapter 13, restitution is not dischargeable.
Answered on 10/22/99, 8:24 pm
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