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I was convicted of mail fraud/restitution was set at $150,000 by a federal court.can I file for bankruptcy? this is not a tax debt or any debt owed to the government.It is money owed to the airlines industry.I was told by the prosecutor that I am not eligible for bankruptcy protection. I did spend 18 months in federal prison camp.Iam currently out of prison and not on probation. Respond
If the Federal Prosecutor told you this debt cannot be erased by a filing in Bankruptcy, I would believe him/her.
Hello b:Quote:
Originally Posted by beitunia
I wouldn't get my legal advice from the guy who threw you in the slam. He hasn't been on your side so far.
This issue has been discussed here a few times lately. It's my view, that since you're not presently under supervision, if you don't pay, you can't be violated. Therefore, the only thing they CAN do now is get a civil judgment against you..
Ergo, the issue is now CIVIL as opposed to CRIMINAL. Consequently, it would be my view that you CAN discharge it in bankruptcy.
But, what the hell do I know?
excon
No, if they had merely sued you in civil courts, but fines and payments set though criminal courts can not be discharged in bankruptcy courts.
So to speak, and I would love to argue this one in front of a bankruptcy judge you may actually discharge it, so the airlines could not sue you, but if you still did not pay it, you would violate your probation or parole. You can not get rid of that requirement as part of your punishment.
The bankruptcy court has no jursidiction over criminal court
I do not feel this can be discharged through a bankruptcy. But what do I know? I only prepared bankruptcy filings for 7 years at a law office I once worked at in Florida.
To get the real $64,000 answer (or should I say $150,000 answer) on this question, I would suggest you consult with a bankruptcy attorney and really find out.
But what do we know? We're just a private investigator (Judy), an excriminal (Excon) a person who has extensive knowledge of the law (Fr Chuck) and me who used to prepare such filings.
Hello experts:
Let me ask you this. How are they going to collect if she's OFF probation? Do you think they can violate her for not paying? Can they continue to violate her forever??
If they CAN violate her for not paying, when, if ever, does her imprisonment become a DEBTORS imprisonment?
A civil judgment against her would go a long ways toward prompting her to pay, whereas a criminal order for restitution that can't be enforced won't be seen by anybody.
excon
Is my husband responsible for my judgment and debts?
First most likely they will not release them from probation unless this is paid, if at the end, or before if payments are not being made, they may merely revolk the probation and/or extend it for longer.
No, your husband is not responsible unless he was named as a co-defendant in your criminal case.
Also - Just wondering why you would ask the prosecuting attorney about the debt being discharged in bankruptcy. Why didn't you ask your criminal attorney this question?
I did ask my lawyer.he is not much help.also how long before this judgment expires? Is there a time limit? prosecutor said 20 yrs/others say 7yrs
Judgment length is by State but they are also renewable with minimal effort - it's usually 10 years, renewable for 10.
Wow, I feel special that I can answer this!
I myself was convicted of fraud (not proud at all and still wanting everyday to ring my ex's neck after almost 10 years for involving me in his criminal schemes... young and dumb)
Anyway... sorry I rattled for a bit!
I had a few different counts because they were in different counties and 2 counties made sure I was ordered to pay my restitution before the end of my probation. Though 1 county did not and since I was off probation they of course went after my ex first and since I had paid 3/4 of the 32,000 owed I said the hell with it and they could get the bastard to pay!
They filed a civil lawsuit of 4,500 on me and my ex and when I went to file BK to start over I was told at the hearing it was a criminal matter even though it went to a civil judgement and I could not file it on my BK. If it is under restitution then no you can not file it under the BK laws.
I still have not paid a dime of it as I think my ex should pay it, but now I have to go to court every time they have a hearing if I don't they will file a body attachment.
I hope that answered your question!
Why did they go after your spouse.was she involved with you? I thought if you did this alone,they can't go after your spouse.
1st off I am a female... I did not do anything alone!!
My ex husband was the whole reason this all happened to me in the first place! He applied for credit cards in his mothers name and put me as an authorized user. I had credit cards I was using in my name thinking I was an authorized user on his account. After his mother went to apply for a loan and was denied she came after us when they told her the address and names. I in turn filed for divorce and she pressed charges on me! I was found guilty because there was nobody else to blame, but after I served 21 months the jerk got caught up in his lies and they filed charges on him also. Real winner I married huh? Live and learn!
They filed the civil judgement against him since he was my "co-defendant"
My new husband has not been involved in any of my court hearings, but I can tell you this... everything that legally happens to you after you are married ends up hurting your spouse!
Also... this all happened over 10 years ago and during election time! These were very very small counties that absolutely hate White Collar Crimes, that is why I was slapped hard!
I was a college graduate and was employed as a Mortgage Broker at the time, so that in turn killed my case. This Judge also was very good friends of his family and I refused to allow my family to pay for a high price attorney when I had NEVER been in trouble before. I figured they would give me probation and order me to pay the credit cards. I did use the credit cards, as they were in my name but thinking I was authorized under my ex husbands account!
This is why you never go in to speak with a detective without an attorney, they will twist your words and turn the whole thing on you no matter what the truth is!
Can you tell I am a bit bitter... I hate the system, corrupt Judges and all the rest!!
I wish you the best of luck
Quote:
Originally Posted by AcuteFelon
I would most definitely file a motion to set this aside - 10 years ago or not. No Judge can refuse to allow you legal counsel. That is a blatant abuse of power and against the Law.
Judy: I agree with filing a motion but don't see anything that says the Judge refused her counsel. What I'm reading is that the original poster refused to let her family hire a costly attorney on her behalf so not sure where the abuse of power comes in. This does raise other questions though, like: did you have an attorney? Did you go to trial or did you plead out? If you went to trial - did you file a timely appeal?
I did in fact refuse hiring an attorney like my family wanted. I took a plea agreement that was for the sentence being suspended and probation with means of paying restitution by the end of my probation but the Judge had other options the day of sentencing. He denied the plea and sentenced me to 4 years to serve and a extended 4 years on probation (so the amount of restitution could be paid).
This was my fault as I really thought the plea the prosecutor drew up was fair, time served (3 months awaiting sentencing since they Judge revoked bond saying I was a flight risk, even though I was a college graduate from the same state, had a job at a local mortgage firm for over 4 years and had 2 young boys 6 months and 2 years old) As I said before the Judge was good friends with his other said of the family I never really knew, and I did not find any of this out until after my release.
I was released 3 months early after they finally caught him in all his lies and prosecuted him. Yet I still have the conviction on my record because I did admit using the credit cards and still served 4 years of probation. I still admit using the credit cards to this day, as they were in my name and I had thought I was just an authorized user on my ex husbands account.
I have a bitter attitude about all of this to this day, I missed almost 2 years of my baby boys growing up and even had to endure hearing my youngest first words over a collect call. Luckily I had the love of my Mother to raise them and bring them to see me every visitation I had.
I did want you all to know, that at first when his mother came to us about what was done to her. She in fact said she never wanted to press any charges of course because of her baby boy, but as soon as I took my boys (2 days after this came about) and went to my Mom's house and within 2 weeks I filed for divorce I had detectives at my Mom's door.
I tried to speak with attorney's after I was released to see if I could get this off my record because of changing circumstances after my sentencing, but all said I made a huge mistake trusting the prosecutor about the plea and admitting to the detectives I used the credit cards even though they were in my name and I had no idea they were through fraud on his Mother.
Everyone I know says I should write a book on my experiences, yet I just wanted to move on with my life and put this terrible tragedy behind my sons and I. Though every time I see a police officer or any type of official with the law, I clam up and shake a bit.
It's sad how the system works and even sadder knowing the day of my sentencing I received more time than the child molester on his 2nd offense with a child under 10 yrs old. Makes me sick to my stomach thinking the way the system works at times!
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