Partida v. United States Department of Justice

OPINION

SCHROEDER, Circuit Judge:

This bankruptcy appeal presents a question of first impression in this circuit concerning whether the Bankruptcy Code’s automatic stay provision, 11 U.S.C. § 362, operates to prevent the government’s collection of criminal restitution under the Mandatory Victims Restitution Act (“MVRA”). The MVRA provides the government with broad powers to enforce a civil judgment “[njotwithstanding any other federal law.” 18 U.S.C. § 3613(a). We agree with the Bankruptcy Appellate Panel (“BAP”) that the MVRA allows the government to collect restitution despite the automatic…