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Can I appeal a restitution amount

Old Bridge, NJ |

my wife was ordered to pay restitution of 10,000 but we do not have the funds to repay this amount. Can we appeal the court order, or file chapter 7 to get the amount reduced?

Attorney Answers 2


  1. I would need more specific information to give you an accurate answer. This information would include what type of matter it was and whether the restitution was ordered after a hearing or a consent decree. You should contact an attorney who focuses on bankruptcy law to discuss the Chapter 7 issue. Certain court related penalties and orders are not dischargable.

    Best of luck.

    Joshua H. Reinitz, Esq.
    Iacullo Martino, LLC
    (973) 235-1550
    jreinitz@iacullomartino.com

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    Disclaimer: The information here is general and not intended to be construed as legal advice or form an attorney-client relationship. For specific advice contact a qualified attorney.


  2. It isn't clear from the question if the order came from a criminal court or a civil court. If it is criminal, then generally it must be paid. If it is civil, then it gets into a nuanced area of bankruptcy law covering the nondischargeability of certain debts. You will definitely need a lawyer for this.

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