Legal Question in Bankruptcy in Maryland

Chapter 11

If a person files for bankruptcy will that take away payment that has been established by the court as a result of a conviction (like repayment to people who lost money as a result of misrepresentation, for which a stock broker was convicted and pays monthly installments)?


Asked on 1/02/04, 10:11 am

2 Answers from Attorneys
Carolyn Gilden Krohn Law Offices of Carolyn Gilden Krohn

Re: Chapter 11

A debt for restitution, or a criminal fine, which is included in a sentence upon the conviction of a crime is not dischargeable in bankruptcy. Certain debts for fraud are dischargeable in a Chapter 13 (repayment for three to five years), but not if the debt you are speaking of fits the above description.

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Answered on 1/02/04, 10:22 am
Richard S. Stolker Uptown Law, LLC

Re: Chapter 11

A discharge in a "straight" bankruptcy case does not relieve the obligation to pay restitution in a criminal case nor to pay governmental fines.

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Answered on 1/02/04, 1:49 pm


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