Title: John Cavitt: Can Criminal Fines Be Discharged In Bankruptcy?
1CAN CRIMINAL FINES BE DISCHARGED IN BANKRUPTCY?
JOHN CAVITT Bankruptcy Lawyer
2Overview
Only when a person is behind on various debts
such as student loans, credit card bills, auto
loans, rent, mortgage, and/ or taxes is he or
she declared bankrupt. It is important that you
have an understanding of what can be discharged
in bankruptcy. This is especially true if you
need to pay fines for a previous criminal
conviction. Although you might think that being
bankrupt would clear your debts, it is best that
you consult with John Cavitt Bankruptcy Lawyer.
3WHAT DOES DISCHARGE MEAN IN BANKRUPTCY?
When a court declares someone bankrupt and
discharges them, it means that person is
permanently released from that particular debt
and would not be responsible to pay it off. This
ensures that the creditor goes away. However,
being discharged only applies to certain
debts. If you have been discharged in
bankruptcy, you must realize that the court may
only have discharged certain debts. Therefore,
you would still have to pay off other debts.
4IS THE BANKRUPTCY DISCHARGE AUTOMATIC?
Generally, a discharge is automatic unless the
creditor objects to it. For instance, a discharge
is granted by the court after the time limit for
filing an objection runs out. It is 4 months from
the date of filing for bankruptcy.
Moreover, you may be required to agree to a
payment plan for up to 5 years. After you
have completed the plan, you would be granted a
discharge by the court if you are found to be
eligible. You still have to consult with a
lawyer since discharge tends to be a lot more
complicated than you think.
5Can The Court Discharge Criminal Fines If You
Are Bankrupt?
If you have been found to be guilty of a crime,
you are likely to owe court costs, fines,
and restitution. You would be liable to pay off
these debts regardless of whether you have
completed the bankruptcy case. But, not every
fine is from a criminal case.
This is why the fines need to be distinguished
from the state or municipality and the criminal
court process.
On the other hand, the civil fees and fines may
be discharged by the court. Having an idea about
the type of fines you owe (i.e. whether criminal
or civil) is essential.
6Can The Court Discharge Criminal Fines If You Are
Bankrupt?
- Taxes
- Student Loans Federal Loans
- Debts for personal injury
- Child or spousal support and alimony Debts for
willful and malicious injuries - Debts owed to governmental units for penalties
- All types of non-priority, unsecured
- debts can be discharged by the bankruptcy court
including personal loans without collateral,
rent, utility bills, credit cards, and medical
bills. But, the bankruptcy court is unlikely to
discharge the following.
7Conclusion
After you have gone over the post, you will have
a better idea about whether criminal fines can
be discharged in bankruptcy or not.
Since bankruptcy is a serious financial matter
that can affect your life for years to come, you
need an attorney to help you with the process.
8THANKS
- FOR WATCHING
- Contact John Cavitt, Bankruptcy Lawyer for all
your legal matters in Texas.
Johncavittofficial_at_gmail.com