2 responses

  1. Frank Pipitone
    March 21, 2012

    If the criminal restitution payments are not “priority” debt as defined in the code, how are they included in the plan? Should a separate motion be made to reclassify the restitution claim?

  2. Jason M. Krumbein
    March 22, 2012

    Criminal Resitution is not dealt with separately. It is non-priority, non-dischargeable. It just rides through the plan.

    You MAY be able to separately classify it and pay it at 100% because the failure to pay MAY result in being jailed, and then the plan falls apart.

    This does not work in all jurisdictions.

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