Question
Can I declare bankruptcy on court fines?
I have some outstanding fines from court fines as well as CC debt. Is it possible to declare bankruptcy on those?LawQA.com Answer Library
Answered By: Heupel Law
You can declare bankruptcy on the credit cards, but not the court fines. Court fines are not dischargeable in a bankruptcy, and thus, would need to be paid even after you file.
Answer Applies to: Colorado
Replied: 10/23/2011
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Answer Applies to: Colorado
Replied: 10/23/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: The Law Office of Marvin Wolf
Generally, court fines are not dischargeable in bankruptcy. However, New Jersey automobile surcharges can be discharged in chapter 13 bankruptcy (and possibly in chapter 7) because they are not really a debt to a government agency.
Answer Applies to: New Jersey
Replied: 10/23/2011
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Answer Applies to: New Jersey
Replied: 10/23/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Braunstein Wisehart LLC
Generally speaking, court fines, fees, assessments and court-ordered restitution are not dischargeable in bankruptcy. Credit card debt on the other hand is dischargeable in bankruptcy.
Answer Applies to: Oregon
Replied: 10/21/2011
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Answer Applies to: Oregon
Replied: 10/21/2011
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Answered By: Bankruptcy Law office of Bill Rubendall
Court fines are not dischargeable in bankruptcy.
Answer Applies to: California
Replied: 10/21/2011
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Answer Applies to: California
Replied: 10/21/2011
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Answered By: Bird & VanDyke, Inc.
No. Court fines are ordered by the court and cannot be discharged
Answer Applies to: California
Replied: 10/21/2011
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Answer Applies to: California
Replied: 10/21/2011
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Answered By: Janet A. Lawson Bankruptcy Attorney
Court fines are not dischargeable.
Answer Applies to: California
Replied: 10/20/2011
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Answer Applies to: California
Replied: 10/20/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Selleck Legal, PLLC
It is my understanding that you cannot discharge court costs, fines and restitution. However, you may be able to discharge driver responsibility fees.
Answer Applies to: Michigan
Replied: 10/20/2011
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Answer Applies to: Michigan
Replied: 10/20/2011
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Answered By: Charles R. Nettles - Attorney at Law
No, you may not if your plan is to not pay them. They could be included in a reorganization type bankruptcy like Chapter 13 and paid over a period of time.
Answer Applies to: Texas
Replied: 10/20/2011
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Answer Applies to: Texas
Replied: 10/20/2011
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Answered By: Law Offices of Joseph A. Mannis
Debts in the nature of fines or penalties are generally non-dischargeable. Do you have to list them? Yes, because you have to list every debt that you owe, dischargeable or not. Are they going anywhere? Probably not. Sorry to be the bearer of bad news.
Answer Applies to: California
Replied: 10/19/2011
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Answer Applies to: California
Replied: 10/19/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Gregory J. Wald, Attorney at Law
I would need more information about the nature of these fines to answer this question, but I can tell you that you cannot discharge a debt for criminal restitution, a criminal fine, or to the extent that the debt is for a fine, penalty, or forfeiture payable to and for the benefit of a government unit, and is not for actual pecuniary loss. You can discharge credit card debt as long as it was not fraudulently incurred.
Answer Applies to: Minnesota
Replied: 10/19/2011
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Answer Applies to: Minnesota
Replied: 10/19/2011
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Answered By: Indianapolis Bankruptcy Law Office of Eric C. Lewis
Court fines are generally "non-dischargable" in bankrupcy.
Answer Applies to: Indiana
Replied: 10/19/2011
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Answer Applies to: Indiana
Replied: 10/19/2011
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Answered By: Ashman Law Office
You must list them. But you cannot discharge them.
Answer Applies to: Georgia
Replied: 10/19/2011
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Answer Applies to: Georgia
Replied: 10/19/2011
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Answered By: Hyman, Carter & Patel, PLLC
Court costs cannot be discharged in bankruptcy.
Answer Applies to: Tennessee
Replied: 10/19/2011
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Answer Applies to: Tennessee
Replied: 10/19/2011
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Answered By: Law Offices of Robert P. Taylor
Not on fines, no.
Answer Applies to: California
Replied: 10/19/2011
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Answer Applies to: California
Replied: 10/19/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Buff & Chronister, LLC.
As a general rule, fines are excepted from discharge in the Bankruptcy Court. There are certain situations where fines have been paid through a Chapter 13 Plan. However, this is very rare and it would in all likelihood be better for you to pay the fines directly to the Court or probation office. Your credit card debt can be discharged by filing for Bankruptcy.
Answer Applies to: Georgia
Replied: 10/19/2011
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Answer Applies to: Georgia
Replied: 10/19/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Harkess and Salter, LLC
The answer to your question is no. You cannot discharge court fines. It is something that you have to pay.
Answer Applies to: Colorado
Replied: 10/19/2011
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Answer Applies to: Colorado
Replied: 10/19/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: AyerHoffman, LLP
When you file for bankruptcy, all of your debts must be included. Credit card debt is ordinarily dischargeable as would be any court judgment. If this is the only debt you have and the amount is relatively nominal, you may want to consider other alternatives to bankruptcy.
Answer Applies to: Massachusetts
Replied: 10/19/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Massachusetts
Replied: 10/19/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Judith A. Runyon, Esq. Attorney at Law
No, they are dischargeable debts.
Answer Applies to: California
Replied: 10/19/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 10/19/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Attorney at Law
Court fines and penalties are not dischargeable in bankruptcy. You are stuck with them. However, the credit card debts can be discharged assuming that you didn't run up huge charges on them shortly before filing for bankruptcy, which may free up some extra money every month to allow you to start making payments on the court fines.
Answer Applies to: Virginia
Replied: 10/19/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Virginia
Replied: 10/19/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: The Merna Law Group, PC
No. Court fines are not dischargeable in either a Chapter 7 or a Chapter 13 Bankruptcy.
Answer Applies to: Virginia
Replied: 10/19/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Virginia
Replied: 10/19/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: The Schreiber Law Firm
Court fines which are not intended to pay back a government entity for a money loss you caused it are not dischargeable in bankruptcy, including fines such as traffic tickets and parking tickets.
Answer Applies to: California
Replied: 10/19/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 10/19/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Canty Law Firm
Yes on the credit cards, not on the court fines.
Answer Applies to: Colorado
Replied: 10/19/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Colorado
Replied: 10/19/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Offices of Michael J. Berger
Court fines are not dischargeable in bankruptcy. You should list them in your bankruptcy schedules, but your obligation to pay them will not be wiped out by your bankruptcy filing.
Answer Applies to: California
Replied: 10/19/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 10/19/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Stephen P. Dempsey
No- you can arrange a payment plan in Chapter 13.
Answer Applies to: New Jersey
Replied: 10/19/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: New Jersey
Replied: 10/19/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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