U.S. v. Robinson (In re Robinson)

(6th Cir. Aug. 22, 2014)

The Sixth Circuit holds that the government may proceed to collect on a criminal restitution order from a bankruptcy debtor and his or her bankruptcy estate. Pursuant to 18 U.S.C. § 3613(a), the government may collect on a restitution order “notwithstanding any other federal law.” This language supersedes the bankruptcy automatic stay, and the distinction in the bankruptcy code between property of the debtor and property of the bankruptcy estate does not prevent collection from either. Opinion below.

2014-08-22 – in re robinson

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