Can I include public fines on my bankruptcy? 26 Answers as of August 26, 2011

I received some public fines just after my bankruptcy file was finalized. Is it possible to include these fines in my file? Or is it too late?

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Heupel Law
Heupel Law | Kevin Heupel
Unfortunately, it is too late, but would not have made a difference any way as fines are not discharged when you file bankruptcy. Thus, you would have to pay the fines even if they were incurred prior to filing.
Answer Applies to: Colorado
Replied: 8/26/2011
Eric J. Benzer, Attorney at Law
Eric J. Benzer, Attorney at Law | Eric Benzer
Some
Answer Applies to: Maryland
Replied: 8/6/2011
Melinda Murphy Dionne, PC
Melinda Murphy Dionne, PC | Melinda Murphy Dionne
It is too late to include the fines in your bankruptcy case. In all likelihood, the fines would not have been discharged in the case even if they had existed at the time you filed your Chapter 7 case.
Answer Applies to: Alabama
Replied: 8/4/2011
Dearbonn Law Offices
Dearbonn Law Offices | Ajibola Oluyemisi Oladapo
You cannot include public fines in a chapter 7, you must pay them. They cannot be discharged. In a chapter 13, you include them for the purposes of paying them through the plan. In either case, you are responsible for your public fines regardless. Please note that this is not legal advise and should not be construed as such.
Answer Applies to: Washington
Replied: 8/4/2011
The Law Office of Mark J. Markus
The Law Office of Mark J. Markus | Mark Markus
If by "public" you mean fines owed to the government, those are not dischargeable.
Answer Applies to: California
Replied: 8/4/2011
The Schreiber Law Firm
The Schreiber Law Firm | Jeffrey D. Schreiber
What are "public fines"? If they occurred after the date you filed, they are not debts which can be included as they occurred post-petition. If they occurred before filing, and if they are penalties assessed by a government entity (such as traffic fines) or victim restitution payment, they are not dischargeable in any event. Only debts which are reimbursement to a government entity for monies paid by a government entity have a chance of being discharged.
Answer Applies to: California
Replied: 8/4/2011
Bankruptcy Law office of Bill Rubendall
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
Fines and similar penalties are not dischargeable in bankruptcy.
Answer Applies to: California
Replied: 8/4/2011
Diefer Law Group, P.C.
Diefer Law Group, P.C. | Abel Fernandez
It is too late. You cannot include any debt you acquired post filing.
Answer Applies to: California
Replied: 8/4/2011
Kalra Law Firm
Kalra Law Firm | Madhu Kalra
Is bankruptcy 13 or 7. In chapter 7 only debt incurred prior to the date of filing are included. More over most type of public fines are not dischargrable. However, in chapter 13, you can amend schedule and provide for payment of these fines in the plan. Traffic tickets, fines for drunk driving, criminal rehabilitation fines are not dischargeable.
Answer Applies to: California
Replied: 8/3/2011
William C. Gosnell, Attorney at Law
William C. Gosnell, Attorney at Law | William C. Gosnell
No they are non-dischargable.
Answer Applies to: Tennessee
Replied: 8/3/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Fines are never dischargeable, so it is not a matter of them coming in too late.
    Answer Applies to: California
    Replied: 8/3/2011
    Law Office of Maureen O' Malley
    Law Office of Maureen O' Malley | Maureen O'Malley
    Too late. And probably not dischargeable, anyway.
    Answer Applies to: Virginia
    Replied: 8/3/2011
    Judith A. Runyon, Esq. Attorney at Law
    Judith A. Runyon, Esq. Attorney at Law | Judith A. Runyon
    You have list them, but they are not dischargeable in a Chapter 7.
    Answer Applies to: California
    Replied: 8/3/2011
    Lewis Adams and Associates
    Lewis Adams and Associates | Lewis P. Adams
    Any debt incurred after the petition date is not able to be included in the bankruptcy. Fines and other debt owed to a government entity is, in most cases, not dischargeable any way.
    Answer Applies to: Utah
    Replied: 8/3/2011
    Fears & Nachawati
    Fears & Nachawati | Majed Nachawati
    Generally, if your bankruptcy has been finalized, you will not be able to include the public fines incurred after conclusion of your case.
    Answer Applies to: Texas
    Replied: 8/3/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    There is no such thing as "public fines." I am wondering if you meant criminal or traffic fines. Most are non-dischargeable. However, if you omitted ANY debts, you have committed perjury and could be denied a discharge or go to prison Typically, a timely amendment solves many problems. Whether it is too late depends on when you filed, and your attorney will know deadlines. If you made the mistake of filing pro se get a lawyer now.
    Answer Applies to: Georgia
    Replied: 8/3/2011
    Parkes Law Group, LLC
    Parkes Law Group, LLC | Parkes Law Group, LLC
    You cannot include money owed to the government. That is an undischargeable priority debt that must be paid back.
    Answer Applies to: Colorado
    Replied: 8/3/2011
    Theodore N. Stapleton, PC
    Theodore N. Stapleton, PC | Theodore N. Stapleton
    Criminal or government imposed fines like traffic tickets are not dischargeable in bankruptcy. I am happy to answer any questions you have.
    Answer Applies to: Georgia
    Replied: 8/3/2011
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    You can only include things that happened pre-petition (before you filed). As for the fines being "public" fines, whether or not can include them if they were pre-petition, depends on what the fines are for. I would urge you to see your bankruptcy attorney about this, ASAP! Good luck.
    Answer Applies to: Michigan
    Replied: 8/3/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    No
    Answer Applies to: California
    Replied: 8/3/2011
    CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE).
    CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE). | Gary Lee Lane
    no
    Answer Applies to: California
    Replied: 8/3/2011
    Charles Schneider, P.C.
    Charles Schneider, P.C. | Charles J. Schneider
    The fine must be listed as a debt on your schedules although you will not be receiving a discharge of the debt.
    Answer Applies to: Michigan
    Replied: 8/3/2011
    Law Office of Felipe A. Malo, P.A.
    Law Office of Felipe A. Malo, P.A. | Felipe Augusto Malo
    Its too late.
    Answer Applies to: Florida
    Replied: 8/3/2011
    Harkess and Salter, LLC
    Harkess and Salter, LLC | Stephen Harkess
    There are two problems. First, debts incurred after the case is filed cannot, generally, be addressed in bankruptcy. Second, fines owed to a municipal or governmental entity cannot, generally, be discharged in bankruptcy. You are probably out of luck on both counts.
    Answer Applies to: Colorado
    Replied: 8/3/2011
    A Fresh Start
    A Fresh Start | Sean P. Fleming
    No, you cannot include debts incurred post-filing. Moreover, public fines are non-dischargeable in Chapter 7.
    Answer Applies to: Illinois
    Replied: 8/3/2011
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