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Criminal Law and Bankruptcy

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The experienced bankruptcy attorney practicing in South Florida understands that many prospective clients that come to the office may have some sort of criminal record or pending criminal matter. Because of the stigma associated with having a record, most clients do not volunteer the information to the attorney sitting in front of them. However, it may be important for both sides to know the particular situation in order to address whether it is a good idea to go forward with the bankruptcy or if there are other options to address the client’s financial situation.

Most people seeking bankruptcy relief are trying to eliminate their debt or possibly reduce it permanently including debt associated with some sort of breach of the law. Although there are obvious benefits to filing bankruptcy including the elimination or reduction of debt, the bankruptcy laws except for some debts from discharge. Most people understand that domestic support obligations, school loans, and federal tax liens are not dischargeable under most circumstances. However, a large percentage of prospective clients do not know that evasion of taxes, judgments for accidents against debtors for willful or malicious injury, restitution orders for criminal cases for victims of fraud and other payments owed to governmental units are not dischargeable.

A very common example is one where the prospective client comes to the office to do a bankruptcy to eliminate the debt related to a DUI (drinking under the influence) charge and there were injuries to the victim. The debt is not eliminated in a bankruptcy. In other words, a bankruptcy attorney cannot eliminate a discharge the debt for this type of case. Another common example of a case is one where the person has a suspended license and wants to eliminate the charges for a bunch of speeding tickets. The bankruptcy may eliminate other debt but not the tickets! Not all cases are the same, so you need to speak to your bankruptcy attorney to get a case-by-case determination.

The cases mentioned above do not include a comprehensive list of examples. Come have a free consultation with your bankruptcy attorney in Miami Lakes and find out what your options are. The consultation is free and the information received will make you understand your future options. Call us at (305)820-0334.

2018-09-27T19:14:00+00:00 September 27th, 2018|Categories: Bankruptcy|Comments Off on Criminal Law and Bankruptcy