Can I discharge criminal restitution fines and court costs in my Florida bankruptcy?
The answer is unfortunately no. Public policy plays a big role in prohibiting a bankruptcy from discharging criminal fines and costs. If a debtor, convicted of a crime or crimes, is permitted to discharge those obligations, that would certainly inhibit the deterrence factor.
The system wasnt to deter those convicted of crimes from doing similar acts in the future. Therefore, there are penalties imposed on these people. These penalties could include paying costs and fines, losing civil rights, etc.
If a penalty is lifted because someone files for bankruptcy, this weakens the deterrence factor. So for example, toll booth charges, speeding tickets, and DUI fines are not dischargeable.
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Greg Gilbert
Keith Maynard