Can court fees be discharged in bankruptcy? 3 Answers as of April 05, 2011

I have court imposed fees, fines, and probation costs, that have been transferred due to non payment from the county dept. of revenue to California Franchise Tax for collection. Are these debts dischargeable through Chapter 7?

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Carballo Law Offices
Carballo Law Offices | Tony E. Carballo
Depends on the nature of the fees. If it is a criminal fine or restitution to a victim as part of the sentencing then not dischargeable. You need to have an attorney look at the court docket to determine the nature of the fees imposed.
Answer Applies to: California
Replied: 4/5/2011
The Law Office of Mark J. Markus
The Law Office of Mark J. Markus | Mark Markus
That depends on what the basis of the "fees and fines" were for. If these were actually fines owed to a governmental unit, they are probably not dischargeable in Chapter 7, but may be in a Chapter 13. Tax penalties are a bit different. If this is restitution owed on a criminal sentence, it is not dischargeable.
Answer Applies to: California
Replied: 4/5/2011
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
No. Those are not discharged and you need to pay them to stay out of trouble with the probation department.
Answer Applies to: California
Replied: 4/5/2011
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