Are Court Fines Protected by Bankruptcy Law?

Criminal fines should not normally be discharged in bankruptcy.

Not all debts can or should be discharged during the course of bankruptcy proceedings, according to "The Glannon Guide to Bankruptcy," by Nathalie Martin. The U.S. bankruptcy court enumerates certain debts--taxes and some court fines, for example--that cannot be discharged in bankruptcy.

Types

Different types of court fines exist. For example, there are penalties imposed in civil cases. In addition, if you are convicted of a crime, you can face fines in that type of case as well.

Considerations

Civil court fines generally are subject to discharge in bankruptcy. Criminal court fines oftentimes cannot be discharged. For example, a court fine in a misdemeanor case for a lower dollar amount may be subject to discharge.

Warning

Attempting or even obtaining a discharge of a criminal court fine in bankruptcy can subject you to further proceedings and sanctions in the criminal case. By not paying a criminal fine, you can be found to have violated the terms of your criminal court sentence, which can result in incarceration.

References

• "The Glannon Guide to Bankruptcy"; Nathalie Martin; 2006
• U.S. Bankruptcy Code
• Cornell University Law School: Bankruptcy Overview

Resources

• U.S. Bankruptcy Court: Filing for Bankruptcy without an Attorney
• U.S. Courts: Bankruptcy Forms
• U.S. Bankruptcy Courts: Bankruptcy Basics Videos