If a judge gives you an order for restitution, can you file bankruptcy to avoid paying?
by 
Anonymous
ANSWERS: 3
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According to this paragraph, of a rather long article, this is what I found. 'The Ninth Circuit Bankrtupcy Appellate Panel agred with the Supreme Court's decision in 'Kelly v. Robinson' which held that 523(a)(7) preserved from discharge any obligation imposed by a state court as part of a criminal sentence.' Therefor, I think bankruptcy does NOT negate your responsibility to pay your restitution. I found this here: http://www.canb.uscourts.gov/canb/Documents.nsf/0/a0ec848f982a0e19882568ac0064b18d/$FILE/Defeo%20SJ.pdf
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From http://ww.nolo.com Nondischargeable Debts The following debts are nondischargeable in both Chapter 7 and Chapter 13. If you file for Chapter 7, these will remain when your case is over. If you file for Chapter 13, these debts will have to be paid in full during your plan. If they are not, the balance will remain at the end of your case: -debts you forget to list in your bankruptcy papers, unless the creditor learns of your bankruptcy case -child support and alimony -debts for personal injury or death caused by your intoxicated driving student loans, unless it would be an undue hardship for you to repay ***fines and penalties imposed for violating the law, such as traffic tickets and criminal restitution,***and -recent income tax debts and all other tax debts.
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Absolutely not. Well even if it was possible- would you really want to explain to the judge how you are trying to avoid paying even though he was gracious enough to order restitution vs. putting you behind bars?
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