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=?iso-8859-1?q?Re:_Dischargeable=3F_CPC_=A7496(c)_attorneys_fees,_interest,_treble_damages?=
I think 1328(a)(3) applies to crtiminal cases and (4) applies to personal injury to the person - not the property. PC might not be eligible for a 13. This feels like a nice littyle article. Any volunteers? Send it to Stella.
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> I don't believe any of this would be dischargeable in a 13.
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> You can sue for 11 U.S.C. 523(a)(6) in a 13 and there is no discharge of restitution.
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> Steven B. Lever
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Michael Avanesian
> Sent: Wednesday, February 06, 2013 9:48 PM
> To: cdcbaa@yahoogroups.com
> Subject: Re: [cdcbaa] Dischargeable? CPC 496(c) attorneys fees, interest, treble damages
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> You should also consider Chapter 13 as that *may* allow you to discharge most, if not all of this stuff.
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> 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.
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> Sincerely,
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> Michael Avanesian
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> 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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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.
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> PC Defendant deposition imminent in pending civil case. Are civil claims for amounts over and above the $71k restitution order dischargeable?
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