QUESTION
Can a court restitution go under a bankruptcy?
Asked on Sep 26th, 2012 on Bankruptcy - Minnesota
More details to this question:
I was overpaid by unemployment and charged with misdemeanor and have to pay back the amount. We are going through a very hard time will that go under a bankruptcy.
10 ANSWERS
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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No that is an exception.
Answered on Sep 29th, 2012 at 12:53 AM
Bankruptcy Chapter 7 Attorney serving Fort Collins, CO
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The Salas Law Firm LLC
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No, Court ordered restitution is non-dischargeable.
Answered on Sep 28th, 2012 at 11:39 PM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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Not if they file an adversary lawsuit for fraud in the bankruptcy case.
Answered on Sep 28th, 2012 at 11:25 PM
Criminal penalties are non-dischargeable.
Answered on Sep 28th, 2012 at 11:19 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You must list everything you owe in a bankruptcy and everything you own. If the misdemeanor was some kind of theft charge, the restitution may not be discharged.
Answered on Sep 28th, 2012 at 1:17 PM
These types of debts are typically not discharged in bankruptcy. You would still owe restitution and any fines.
Answered on Sep 28th, 2012 at 1:27 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Normally restitution is among a number of debts which are NOT dischargable. Seek counsel and look before you leap.
Answered on Sep 28th, 2012 at 1:16 AM
You have to list that debt. You should contact a bankruptcy attorney so you can provide greater detail about the dates, exact charges, court orders, etc in order to get a more definate answer.
Answered on Sep 28th, 2012 at 1:10 AM
Chapter 13 Bankruptcy Attorney serving Bloomington, MN
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Gregory J. Wald
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Criminal restitution is never dischargeable in bankruptcy. If you explain the hardship to them, perhaps you can defer the payments or arrange for a very small monthly payment.
Answered on Sep 28th, 2012 at 1:07 AM