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

Asked about 1 year ago - Richmond, VA

i owe 15000 in restatution from 2009 can i bankrupt

Attorney answers (3)

  1. Benjamin John Upton

    Contributor Level 11

    2

    Lawyers agree

    Answered . 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... more
  2. Scott Benjamin Riddle

    Pro

    Contributor Level 20

    2

    Lawyers agree

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

  3. Jeffrey Scott Hyslip

    Pro

    Contributor Level 13

    1

    Lawyer agrees

    Answered . 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... more

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