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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 18388
Experience:  B.A.; M.B.A.; J.D.
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I have restitution from a criminal case. Can I claim my restitution

Customer Question

I have restitution from a criminal case. Can I claim my restitution on my bankrupcy?
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  Phillips Esq. replied 6 years ago.

 

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).

 

Customer: replied 6 years ago.
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?"
Expert:  Phillips Esq. replied 6 years ago.

 

 

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.