Legal Question in Bankruptcy in New Jersey

I Filed for Bankruptcy chapter 7 in (2008), went to jail on bankruptcy fraud charges for 18 months, my bankruptcy

got dismissed, the bankruptcy petition included over 600k in unsecured credit card debt, I got Criminal Restitution

now owed in the amount of 200k, on the judgement of commitment it tells me to make the check payable to the clerks

office of New Jersey, there are no listed creditors on that judgement, now the big question, all my creditors are

coming after me now with judgements because my bankruptcy got DISMISSED so how can the government come up with a loss

amount of around 200k when there is no loss because I still ow all my unsecured credit cards. Now that im out of

jail, do I file a motion to vacate the criminal restitution? because there was no loss, do I file a 2255? and I

still ow all the same creditors? This is the question that nobody really can answer and I just don't know why... So do I got to pay both people and just win the lottery and just pay pay

Asked on 4/08/14, 6:36 pm

1 Answer from Attorneys

Charles Andersen Charles Andersen, Atty

It sounds like you're on the right track, if the criminal restitution was over debts that where never discharged in the bankruptcy.

Normally in most criminal cases you're entitled to a hearing on the amount of restitution.

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Answered on 4/09/14, 8:20 am

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