What chapter of bankruptcy do I need to file to get my court costs and fines liquidated? i dont have the money to pay them?

Asked about 1 year ago - Palmyra, VA

None of the courts i owe but one is willing to work with me to set up a payment plan and allow me to get a restricted so that i may keep my job in order to pay them back in full. And i dont see how the courts expect someone to turn their life around if they dont give them the chance. Isnt the whole reason for jails and prisons to change peoples live so that they see right from wrong? Im trying to get my life together and pay off the courts from all the screwed up things i did when i was young but i feel like they just dont care...

Attorney answers (4)

  1. Jason Meyer Krumbein

    Contributor Level 13

    3

    Lawyers agree

    Answered . Court fines and costs are not dischargeable in Bankruptcy.
    You MAY be able to enter into a Chapter 13 Bankruptcy and repay them over time, but that is not a guarantee. You MAY need to ask the Bankruptcy court for an order to the state court, or maybe an order to DMV.
    However, the fines and fees are NOT dischargeable, and will have to be paid in FULL, without discount.

    Mr. Krumbein is admitted to the courts of Virginia. His advice is often based on Virginia and Federal law,... more
  2. Scott Benjamin Riddle

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . As pointed, Bankruptcy won't help you with fines and other debts related to criminal charges (such as restitution). As far as the purpose of criminal sanctions being to help people turn their lives around, it is also for punishment and payment for the crimes. To turn ones life around requires acceptance of the responsibility for actions and for the consequences, rather than blaming the system. The same might apply to many people in Bankruptcy.

  3. Juan E. Milanes

    Pro

    Contributor Level 8

    2

    Lawyers agree

    Answered . You may not be able to "liquidate" court costs and fines as you suggest you want to do. Typically, Chapter 7 allows you to discharge certain types of debts, but government debt, including court costs and fees, are specifically excepted from discharge. You may consider two options: first, Chapter 13, can restructure the court costs and fees for repayment over a 3 to 5 year time period, or second, most local courts have a payment plan structure. Consider going to see the local court clerk first and if they don't have a payment plan you can live with, then consult a Chapter 13 attorney that can work with you to determine an estimate of what Chapter 13 plan payments can do for you.

  4. Lawrence S. Rubin

    Pro

    Contributor Level 15

    3

    Lawyers agree

    Answered . Filing a bankruptcy will not stop a criminal court from issuing a warrant for your arrest! Fines and costs are not dischargeable, and the automatic stay does not prevent you from being prosecuted criminally. Be very careful when dealing with criminal proceedings. Get a good lawyer to advise you properly. This is really not the place to get yourself out of a criminal jam!

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