Will a criminal record prevent me from filing for bankruptcy? 32 Answers as of July 03, 2013

I have a criminal record that I am afraid will get in the way of my file. What can I do? Should I try to get this expunged before I file? Does it even matter?

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Breckenridge and Walton
Breckenridge and Walton | Alan D. Walton
No.
Answer Applies to: Michigan
Replied: 6/9/2013
The Law Office of Jacqui Snyder
The Law Office of Jacqui Snyder | Jacqui Snyder
I have never had a client's criminal record cause them problems filing bankruptcy. Some criminal restitution and fines from driving under any influence are not dischargeable through filing.
Answer Applies to: Ohio
Replied: 8/18/2011
Eric J. Benzer, Attorney at Law
Eric J. Benzer, Attorney at Law | Eric Benzer
No.
Answer Applies to: Maryland
Replied: 6/9/2013
Lehn Law, PA
Lehn Law, PA | Joseph W. Lehn
A criminal record will not effect your eligibility to file a bankruptcy petition
Answer Applies to: Florida
Replied: 8/17/2011
Heupel Law
Heupel Law | Kevin Heupel
No, a criminal record will not prevent you from filing bankruptcy.
Answer Applies to: Colorado
Replied: 8/17/2011
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    Unless you're committing a crime in relation to filing the bankruptcy case, it is a non-issue. Of course, any debts you owe as a result of the crime, such as restitution, are not dis chargeable in any bankruptcy case.
    Answer Applies to: California
    Replied: 8/17/2011
    Greifendorff Law Office
    Greifendorff Law Office | John Greifendorff
    There are issues inside your question that cannot be determined on the facts you present. Go see a lawyer who does bankruptcy law and get the word.
    Answer Applies to: California
    Replied: 8/17/2011
    Charles Schneider, P.C.
    Charles Schneider, P.C. | Charles J. Schneider
    There are no questions regarding a criminal record on a bankruptcy petition. Your record would not disqualify you. Any debt arising from the crime may be a different question.
    Answer Applies to: Michigan
    Replied: 8/16/2011
    The Salas Firm
    The Salas Firm | Ron Salas
    A Criminal record alone should not exclude you from qualifying for bankruptcy; however any debts associated with the criminal charges may be non-dis chargeable.
    Answer Applies to: Colorado
    Replied: 8/16/2011
    Colorado Legal Solutions
    Colorado Legal Solutions | Stephen Harkess
    There is no bar from filing bankruptcy based upon having a cirminal record.
    Answer Applies to: Colorado
    Replied: 8/16/2011
    Rosenberg & Press
    Rosenberg & Press | Max L. Rosenberg
    Doesn't matter. No one cares when you file a bankruptcy. Thanks for tuning in!
    Answer Applies to: Connecticut
    Replied: 8/16/2011
    Judith A. Runyon, Esq. Attorney at Law
    Judith A. Runyon, Esq. Attorney at Law | Judith A. Runyon
    It doesn't matter in a bankruptcy .
    Answer Applies to: California
    Replied: 7/3/2013
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    Assuming your criminal record is not for bankruptcy fraud which may result is a careful review and investigation of your petition (and possibly make some or all of your debts not dischargeable if that was the order of the court in a previous bankruptcy case), then it does not matter that you have a criminal record.
    Answer Applies to: California
    Replied: 8/16/2011
    Tucker Legal Clinic
    Tucker Legal Clinic | Samuel Tucker
    You can file a bankruptcy petition with a criminal record.
    Answer Applies to: Mississippi
    Replied: 8/16/2011
    Burnham & Associates
    Burnham & Associates | Stephanie K. Burnham
    A criminal record will not prevent you from filing for Bankruptcy.
    Answer Applies to: New Hampshire
    Replied: 8/16/2011
    Lewis Adams and Associates
    Lewis Adams and Associates | Lewis P. Adams
    A criminal record should not matter if you need to file for bankruptcy relief. Restitution and/or fines may not be dischargeable if you have them. Some can be paid in a Chapter 13.
    Answer Applies to: Utah
    Replied: 8/16/2011
    Guardian Law Group PLLC
    Guardian Law Group PLLC | C. David Hester
    No it deosn't matter for bankruptcy unless part of what you are trying to get relief from is a judgment for fraud, in which case you cannot remove this liability, but otherwise no it doesn't matter.
    Answer Applies to: Utah
    Replied: 8/16/2011
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    It shouldn't matter unless one of your debts are as a result of criminal conduct.
    Answer Applies to: California
    Replied: 8/16/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    A criminal case generally will not affect a bankruptcy. You should not be filing bankruptcy without a lawyer, so discuss this with your lawyer.
    Answer Applies to: Georgia
    Replied: 8/16/2011
    Grasso Law Group
    Grasso Law Group | Charles Grasso, Esq.
    You can file for bankruptcy if you have a criminal record. However, if you owe any criminal fines, they are most likely NOT dischargeable.
    Answer Applies to: California
    Replied: 8/16/2011
    Law Office of Michael Johnson
    Law Office of Michael Johnson | Michael Johnson
    No not at all
    Answer Applies to: Florida
    Replied: 8/16/2011
    Dan Wilson Bankruptcy
    Dan Wilson Bankruptcy | Dan Wilson
    It does not matter.
    Answer Applies to: Colorado
    Replied: 8/16/2011
    Law Offices of Michael J. Berger
    Law Offices of Michael J. Berger | Michael J. Berger
    Having a criminal record does not prevent you from filing bankruptcy. I have filed bankruptcy cases for people with criminal records and succeeded in discharging all of their dischargeable debts. I have filed bankruptcy for individuals that are incarcerated at the time that they filed bankruptcy and succeeded in discharging all of their dischargeable debts.
    Answer Applies to: California
    Replied: 8/16/2011
    Ross Smith, Attorney at Law
    Ross Smith, Attorney at Law | Charles Ross Smith III
    A criminal record is not usually a problem in bankruptcy Court. I wold always act as if the Trustee and the Judge were aware ot the record. But they will not normally mention it. Needless to say, absolute truth and accuracy are necessary in filling out your petition. Good luck. Thank you for reading me. I hope you found this answer to be helpful. This answer is not intended to create an attorney/client relationship. It is general information that should be discussed with your own attorney. Because the law in other jurisdictions is different and the facts of each case are different, consumers cannot rely on the opinions expressed here.
    Answer Applies to: Ohio
    Replied: 8/16/2011
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    Simply because you have a criminal record does not prevent you from filing bankruptcy. It may preclude you from claiming certain protections from the liquidation of assets. Or, if there arose debt as a result of the conviction it may be nondischargeable in bankruptcy. I recommend that you discuss the type of conviction and its affects on your ability to retain property and obtain a discharge of your debts.
    Answer Applies to: Nevada
    Replied: 8/16/2011
    Law Office of Maureen O' Malley
    Law Office of Maureen O' Malley | Maureen O'Malley
    Depends on the crime and how long ago. If for anything fraudulent, that debt wouldn't be dischargeable. There is a provision about felons, but I don't think it's a complete bar. See a Bankruptcy lawyer near you and discuss the particulars of your case.
    Answer Applies to: Virginia
    Replied: 8/16/2011
    Braunstein Law, PC
    Braunstein Law, PC | Jacob Braunstein
    Typically, the presence of a criminal record should not affect one's ability to file for bankruptcy.
    Answer Applies to: Oregon
    Replied: 8/16/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    A criminal record has no bearing on whether you can or cannot file bankruptcy. The only way a criminal conviction has any bearing on a bankruptcy is that any restitution required under a criminal conviction cannot be discharged in the bankruptcy.
    Answer Applies to: California
    Replied: 8/16/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    Having a criminal record does not make a person ineligible to file bankruptcy.
    Answer Applies to: California
    Replied: 8/16/2011
    Melinda Murphy Dionne, PC
    Melinda Murphy Dionne, PC | Melinda Murphy Dionne
    Your criminal record should not impact on your ability to file bankruptcy. There are no questions in the schedules which ask about criminal history. If your crime involved embezzlement, fraud, theft, or if you were ordered to pay fines or restitution, that may impact on your discharge. Generally these types of debts are nondischargeable.
    Answer Applies to: Alabama
    Replied: 8/16/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    It does not matter at all. If there is an order for restitution or fines that have not been paid, those will not be discharged.
    Answer Applies to: California
    Replied: 8/16/2011
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