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?
DUI / DWI Attorney
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
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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.
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.