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Can Criminal Fines, Restituion & Criminal Penalties Be Discharged in Bankruptcy?

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In the United States, criminal fines generally cannot be discharged in bankruptcy. Bankruptcy law distinguishes between different types of debt, and criminal fines are categorized as non-dischargeable debt. This means that, even if you file for bankruptcy under Chapter 7, Chapter 13, or any other chapter, criminal fines owed to the government or imposed by a court as part of a sentence will still need to be paid.

There are a few related types of debts that are also non-dischargeable, including:

  • Restitution payments ordered by a court in a criminal case.
  • Fines or penalties payable to a governmental unit.
  • Certain civil penalties, such as those related to fraudulent or malicious conduct.


Some other types of debts related to criminal cases, such as certain court fees or civil penalties, may be evaluated differently depending on the jurisdiction and the specifics of the case. Some court related costs can be discharged, depending on the type of case and terms of the sentencing order ( and the applicable state law and appellate cases applicable to the type of court cost or penalty).

If you are dealing with criminal fines and considering bankruptcy, it would be wise to consult with a bankruptcy attorney to explore all your options and understand how your specific situation will be affected

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