Legal Question in Bankruptcy in New Jersey

My wife is due to appear in court in a month for a restitution hearing. If she was to file bankruptcy today, even though restitution is not dischargable in bankrutpcy, what impact would it have on the outcome of her restitution hearing? If she is already bankrupt before the court ordered restitution, would she still be responsible for paying the full amount of the restitution ordered or can the amount be reduced somehow because of the fact that she is bankrupt?


Asked on 11/17/10, 7:35 am

1 Answer from Attorneys
Ellis Klein Young, Klein & Associates

Bankruptcy will have no impact on whether restitution is owed since it cannot be discharged. If an individual is without means to pay restitution, the judge can either close the case or put the person in jail for non payment of restitution. Since jail is an option I would advise that you contact an attorney who is experienced in these matters.

If you would like to speak about it, please give me a call at 609-261-4243

Ellis Klein, Esquire

Young, Klein & Associates

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Answered on 11/30/10, 1:47 pm


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