Gov’t can use Fair Debt Act to enforce restitution order 
Published: June 13, 2011
Tags: Fair Debt Collection Practices Act, Mandatory Victims Restitution Act, restitution
The Mandatory Victims Restitution Act gives the United States the authority to use the Fair Debt Collection Practices Act’s collection procedures to enforce all restitution orders, including those in favor of private-party victims, the 1st Circuit has ruled.
Bankruptcy trustee can recover restitution payments
By:
Pat Murphy
Published: August 17, 2010
Tags: Chapter 7, preferential transfer, restitution
A bankruptcy trustee could recover as a preferential transfer a criminal restitution payment made by the debtors shortly before they filed for Chapter 7 relief, the 9th Circuit has ruled in affirming judgment.
Community property is subject to restitution order
By:
Pat Murphy
Published: August 3, 2009
Tags: community property, innocent spouse, restitution
An innocent former spouse’s community property may be used to satisfy an award of restitution to a crime victim, the 9th Circuit has ruled in affirming judgment.
Restitution reduced by victim’s comparative negligence
By:
Pat Murphy
Published: June 26, 2009
Tags: comparative negligence, restitution
A restitution award against a drunk driving defendant could be reduced because of the comparative negligence of the victim, the California Court of Appeal has ruled.
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