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I have fees and payments for court can they be added in bankruptsy

Richmond, VA |

i owe 15000 in restatution from 2009 can i bankrupt

Attorney Answers 3


  1. Highly unlikely it would be discharged, but you chose to not tell us what "payments for court" and restitution are really about.


  2. It really depends on what the restitution is for, but probably not. If you give a little more information you might be able to get a more detailed response. Additionally, almost every bankruptcy attorney offers free, oftentimes by phone, consultations. My Colleague, Martin Conway, practices bankruptcy in Richmond. I added his website, below.

    I am an attorney licensed to practice law in Ohio and some Federal Courts throughout the United States. I am not answering your question to solicit you as a client and there is a good chance that I am not licensed to practice law in the state that you reside. I hope that you find my assistance beneficial and, at most, use my advise as a finger pointing in the right direction. An attorney client relationship is not established by posting back and forth online. One of the most beneficial aspects of working with an attorney is the attorney client privilege which does not exist when you post personal facts online to faceless strangers. Hire an attorney if you want specific legal advise. If you cannot afford one, call your local bar association or search "(your city) legal aid" online. The fact that you took the time to post your question online likely means that you could use the aid of an attorney. Call around your area and see if any local attorneys offer free consultations.


  3. The form of your question makes it very difficult for me to determine what the actual circumstances behind your question are. Without further information, any answer to this question will be based on speculation at best.

    What I believe you have asked is that you owe $15,000.00 in restitution, and need to know whether this will be discharged in bankruptcy. Unfortunately, in 1986, the Supreme Court held that criminal restitution is not dischargeable under a provision of the bankruptcy code which makes fines, penalties, or forfeitures payable to and for the benefit of a government institution nondischargeable. In addition, restitution orders under Title 18 - the Federal Criminal Code, and any debt owed on the basis of willful or malicious injury to another or their property, or on the basis of fraud, embezzlement, or larceny are specifically nondischargeable.

    Therefore, filing for bankruptcy will almost certainly not assist you with the $15,000.00 you owe in restitution. However, the Chapter 13 process may assist you with making these restitution payments on better terms than you would be under otherwise, and may still be useful to you.

    This response is not offered as legal advice, but is only a general informational response for public interest. No one reading this is authorized to claim that an attorney client relationship exists with this writer or the writer's law firm.