I am not aware of any law that says you cannot file bankruptcy if you have a criminal history. I do not even believe that the bankruptcy petition asks you to disclose your criminal history.

Answer Applies to: Georgia
Replied: 11/6/2011

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Yes a debtor in bankruptycy can have a criminal record. The issue of criminality beomes relevant if any debt was incurred with the intent to defraud or other criminal conduct. Also criminal restitution is generally a non-dischargeable debt.

Answer Applies to: Colorado
Replied: 11/4/2011

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Criminal record is not considered in determining eligibility.

Answer Applies to: Indiana
Replied: 11/4/2011

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A criminal record has nothing to do with your ability to file bankruptcy. Now if some of your debt has to do with your criminal record (i.e., you stole from someone and now are paying restitution) that is another story.

Answer Applies to: Arizona
Replied: 11/3/2011

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The fact that you have a criminal background may come up during the Bankruptcy Petition process, but it should not affect your bankruptcy unless you have failed to pay your restitution, if any.

Answer Applies to: Nevada
Replied: 11/3/2011

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No, a criminal background has no bearing on a bankruptcy filing. However, criminal restitution is generally not dischargeable in bankruptcy.

Answer Applies to: New York
Replied: 11/3/2011

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Nothing to worry about. That has nothing to do with bankruptcy. Remember.... you cannot discharge fines and restitution orders.

Answer Applies to: California
Replied: 11/3/2011

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No. Past criminal history does not prevent one from filing. You should not be worried about this.

Answer Applies to: Virginia
Replied: 11/3/2011

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Yes, they can but there are certain limitations on what you may keep when there was a violation of Federal Securities Laws.

Answer Applies to: Texas
Replied: 11/3/2011

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It is one thing you do not have to worry about.

Answer Applies to: Minnesota
Replied: 11/2/2011

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The short answer is yes; however some debts may not be dischargeable.

Answer Applies to: New Jersey
Replied: 11/2/2011

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You can still file for bankruptcy protection. Be honest in your bankruptcy petition and you should be ok.

Answer Applies to: California
Replied: 11/2/2011

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Unless your criminal record is for bankruptcy fraud, it has no effect on a bankruptcy. You should not be filing pro se (that WILL usually be a disaster) and if you had counsel, your lawyer would have already so advised you. Do not file until you have a lawyer.

Answer Applies to: Georgia
Replied: 11/2/2011

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A Bankruptcy Trustee (who is different than a Court Judge) only considers your financial situation when you file your bankruptcy petition. This includes looking at your income over the last few years, your median income over the last 6 months, all the debts that you currently owe, and your ability to pay back these debts in the future. The Bankruptcy Trustee will not look at your criminal record except if having spent any time in jail, you accrued debts or were unable to make any income. But the fact that you have a criminal background will not be a factor for determining whether you qualify for bankruptcy protection.

Answer Applies to: New York
Replied: 11/2/2011

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A criminal background is not relevant in a bankruptcy, unless you are paying fines or restitution. They only care about the debt and an honest disclosure of assets.

Answer Applies to: Utah
Replied: 11/2/2011

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Yes, an individual with a criminal record can still file bankruptcy. Please be forewarned however that fraud or similar crimes can result in nondischargeable obligations.

Answer Applies to: New York
Replied: 11/2/2011

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I have never see a trustee even question anyone and there have been debtors that are in prison when they do they are bankruptcy. Answer might be different if your crime involved fraud or embezzlement.

Answer Applies to: Michigan
Replied: 11/2/2011

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You should not be worried but if your crime involved bankruptcy fraud or perjury or other crime involving dishonesty then you might be investigated more closely to make sure you are not doing something dishonest again so you need to be extra careful about disclosing everything and you should have an attorney handle your case and tell the attorney about your criminal record.

Answer Applies to: California
Replied: 11/2/2011

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Criminal records are not disclosed in a bankruptcy.

Answer Applies to: New York
Replied: 11/2/2011

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Except for some very narrow exceptions, a criminal conviction will not disqualify you from filing.

Answer Applies to: Colorado
Replied: 11/2/2011

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You may still file for bankruptcy despite the criminal record.

Answer Applies to: California
Replied: 11/2/2011

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Your criminal record shouldn't be a problem when you file for bankruptcy.

Answer Applies to: California
Replied: 11/2/2011

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You can file. Criminal record should not come up.

Answer Applies to: Colorado
Replied: 11/2/2011

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No a Judge will not use your criminal background against in a bankruptcy. You need an experienced attorney representing you in the bankruptcy.

Answer Applies to: Georgia
Replied: 11/2/2011

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It shouldn't be a problem as long as the debt you are trying to discharge did not arise out of the conduct in your criminal case, such as fraud , restitution, etc. Your discharge cannot by denied simply because you have a criminal conviction.

Answer Applies to: California
Replied: 11/2/2011

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Your criminal record should have no impact on your bankruptcy, unless it had to do with obtaining credit fraudulently.

Answer Applies to: Illinois
Replied: 11/2/2011

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A criminal record does not prevent you from filing bankruptcy. However, certain debts for fraud, injuries caused by an accident while under the influence of drugs or alcohol, or other crimes may be excepted from your bankruptcy discharge remain as valid debts enforceable against you. An attorney can advise you of any potential issues before filing.

Answer Applies to: California
Replied: 11/2/2011

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Generally, yes. You should review your forms and schedules extra carefully to be certain they are accurate, especially if the criminal conviction was a fraud related conviction. You can also be convicted of bankruptcy crimes for your failure to properly disclose assets, debts, co-debtors, etc.

Answer Applies to: South Carolina
Replied: 11/2/2011

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I can't speak to whether a judge may have personal prejudices against criminals or the type of crime for which you were convicted, but there is no statutory bar that I am aware of that would prevent you from filing a bankruptcy. Secondly, most of the debts and other issues in a Chapter 7 liquidation do not occur in front of a Judge. One issue you must consider, if your crime caused a person property or physical damage I do not believe that those kinds of debts would be dischargeable.

Answer Applies to: New York
Replied: 11/2/2011

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You can file. Your record is not relevant.

Answer Applies to: Colorado
Replied: 11/2/2011

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Yes, someone with a criminal record can file bankruptcy. What determines your ability to file bankruptcy is not what type of person you've been or your moral character, it is based on your income, your debts and your expenses. The fact that you have had runs in with the law or a have a criminal history will not even come up in your bankruptcy, unless you are trying to discharge criminal restitution or court fines, which you can't do. Set up a free consultation with a local bankruptcy attorney.

Answer Applies to: California
Replied: 11/2/2011

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Anyone with an asset or debt in the US can file for bankruptcy.

Answer Applies to: Florida
Replied: 11/2/2011

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Having a criminal record does not make someone ineligible to file bankruptcy.

Answer Applies to: California
Replied: 11/2/2011

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A criminal record has no bearing on a bankruptcy proceeding and cannot prevent you from filing, except that any criminal fines, penalties or restitution cannot be discharged in a bankruptcy.

Answer Applies to: California
Replied: 11/2/2011

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Yes, a criminal record does not prevent someone from filing bankruptcy. If you owe restitution though, that debt will not go away when you file bankruptcy. Otherwise, you have the same legal rights to bankruptcy as someone who does not have a criminal record.

Answer Applies to: Colorado
Replied: 11/2/2011

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.