Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.
I have restitution from a criminal case. Can I claim my restitution on my bankrupcy?
Response: No, if it is a federal criminal restitution. Yes, if it is not. See 11 U.S.C. Section 523(a)(13).
If I get married, can we sign a sort of prenuptial agreement which excludes him from my debts. I want to get married, but my case actually isn't over and I was asking under the assumption that I will probably get some sort of restitution. Once it is settled, I want to include my restitution with the rest of my debt. Big question is: "Can I claim bankrupcy as an individual while being married as long as all of the debt is in my name?"
Response: The policy of this site requires that you open a new post for a different question. Your follow-up questions deal with prenuptial agreement and marital debts, which are vastly different from your original post dealing with whether or not a criminal restitution can be included in your bankruptcy. Thus, you need to open a different post for your follow-up questions.
Your original question was Answered. You can Accept or not Accept the Answer.
Thank you for your understanding.