Legal Question in Bankruptcy in Massachusetts

Re: Bankruptcy and Criminal Debt

The answer depends on whether the debt was incurred in a civil or criminal case. Most court ordered restitution in criminal cases must be paid regardless of bankruptcy.

Re: Bankruptcy and Criminal Debt

I'm sorry to say it, but the best answer is: It Depends. Your basic premise is correct that not all types of debts are discharged, especially in a chapter 7 case (personal liquidation). For example, alimony and child support, and most taxes, are not discharged. In a chapter 13 case (personal reorganization), however, more debts can be discharged, including some criminal restitution debts. So, the answer is that you need to sit down with an attorney experienced in bankruptcy law, discuss your situation and decide whether bankruptcy is the best solution for the problem, and if so, what kind of bankruptcy. Good luck!

Re: Bankruptcy and Criminal Debt

It depends on the nature of the debt and the court order. If it is a judgment in a debt collection case or a tort (civil wrong, like an accident), it is probably dischargeable. If the debt is for child support, a student loan or an intentional tort (like defamation or assault and battery), and the judgment involves one of those, it may not be.

Some debts not dischargeable in Chapter 7 may be dischargeable in Chapter 13, but because you will pay some or all of it through the Chapter 13 plan.