Central District Consumer Bankruptcy Attorney's Association

You should also consider Chapter 13 as that *may* allow you to discharge
most, if not all of this stuff.
I don't know how sections 3 and 4 of 1328(a) work with each other. It
definitely, to me, implies some kind of restitution that is discharged in a
13; otherwise, why would they have restitution in both paragraphs? I don't
do 13s so I don't know the actual case law. However, I do think the civil
stuff will go away and that this is worth taking a look at.
Sincerely,
Michael Avanesian
On Wed, Feb 6, 2013 at 3:42 PM, Steven B. Lever wrote:
> **
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> Only if they do not sue under 523(a)(6). They probably will.****
>
> ** **
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> Steven B. Lever ****
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> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] *On Behalf
> Of *andrewcho67
> *Sent:* Wednesday, February 06, 2013 3:43 PM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* [cdcbaa] Dischargeable? CPC 496(c) attorneys fees, interest,
> treble damages****
>
> ** **
>
> ****
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> Ch 7 PC convicted of theft currently paying down $71K restitution order.
> Plaintiff Bank in civil case seeking treble damages, attorneys fees, costs,
> interest exceeding $500K. Causes of action are Conversion, Civil Theft
> 496c, Conspiracy, Unjust Enrichment.
>
> PC Defendant deposition imminent in pending civil case. Are civil claims
> for amounts over and above the $71k restitution order dischargeable?****
>
> ****
>
>
>
You should also consider Chapter 13 as that *may* allow you to discharge most, if not all of this stuff.I don't know how sections 3 and 4 of 1328(a) work with each other. It definitely, to me, implies some kind of restitution that is discharged in a 13; otherwise, why would they have restitution in both paragraphs? I don't do 13s so I don't know the actual case law. However, I do think the civil stuff will go away and that this is worth takinga look at.
Sincerely, Michael Avanesianteven B. Lever <sblever@leverlaw.com> wrote:

The post was migrated from Yahoo.