United States v. Hyde
Aug
07
2007
Ruling
Obligation under Mandatory Victims Restitution Act was not subject to homestead exemption.
Procedural posture
The District Court for the District of Massachusetts ruled that defendant bankruptcy debtor's restitution order, imposed in a criminal case, created an entirely new obligation owed to plaintiff United States unaffected by the debtor's homestead exemption and 11 U.S.C. § 522(c), the United States could enforce its garnishment order against sale proceeds of the debtor's home. The debtor appealed the district court's order.
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