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Category: Bankruptcy Law
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Experience:  Bankruptcy Lawyer. Experienced.
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What about my restitution If we got married today, the case

Customer Question

What about my restitution? If we got married today, the case would've started before our marriage, but the judgement would have occured after. Can I file for bankrupcy now and add the fines and restitution later? If I list it on my bankrupcy report and list the amount as "pending", can I file for bankrupcy now?
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 4 years ago.
What is the basis for this restitution? I know you said the dispute involves credit card debt, but the term "restitution" usually refers to remuneration that arises from a criminal case. Is this a criminal case?

Edited by Christina Fortunato, Esq. on 7/3/2010 at 5:12 PM EST
Customer: replied 4 years ago.
Yes. My mom made a false police report saying that she did not give me permission to be an additional cardholder. She just didn't want to be responsible for the charges. She didn't realize that they would arrest me. She wants to come forward, but the jerk Investigator told her that if she changes her story, felony charges would be filed against her for filing a false police report. I can prove my innocence, but I love my mom...even with all thats happened. I would never let her go to jail. Ever.
Expert:  cfortunato replied 4 years ago.
Fines and restitution based on criminal activity are not dischargeable in a Bankruptcy. Are there other debts you want to have discharged?
Customer: replied 4 years ago.

Yes. My bank account is overdrawn with bank fees and charges. They haven't sent it to collections and I know I cannot pay it. Can I put that in as a possible? Also, since they put a hold on all extensions for unemployment, I am in definite poverty. Is there anyone who can help me with my bankrupcy for free?

Expert:  cfortunato replied 4 years ago.
If you have no income or assets, Bankruptcy will not help you. I don't know of anyone who will do a Bankruptcy for free.

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