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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).