In 2022, I was moving out of a house and had an accidental kitchen fire that caused damages. I had renters insurance, but the landlord refused to file a claim. While moving my belongings, I was in a serious car wreck that left me with brain damage and hospitalized. During that time, my daughter moved my items to storage and mistakenly took the kitchen stove, thinking it was mine. She refused to return it once she realized it wasn’t. Now, I’ve been ordered to pay restitution for the house damages, the stove, and lawyer fees. I live on SSDI and have no other assets. My lawyer advised me to plead no contest, but I have court documents showing my daughter has the stove and refused to take it back. Can I file for bankruptcy to cover these expenses? This has been a nightmare, and I’m considering going back to work despite my disability to pay these costs. What can I do?
Unfortunately, restitution orders for criminal cases cannot be discharged in bankruptcy. These types of debts are considered non-dischargeable.
Jessie said:
Unfortunately, restitution orders for criminal cases cannot be discharged in bankruptcy. These types of debts are considered non-dischargeable.
That’s true. Bankruptcy won’t help with restitution or criminal fines. You might need to explore other options, like community service or probation, if the court allows.
Jessie said:
Unfortunately, restitution orders for criminal cases cannot be discharged in bankruptcy. These types of debts are considered non-dischargeable.
You should ask your lawyer if they can negotiate the restitution amount or propose alternative solutions to the court.
If you can’t discharge the restitution, Chapter 13 bankruptcy might allow you to pay it over time, but attorney fees and the cost of the plan might outweigh the benefit.
Remy said:
If you can’t discharge the restitution, Chapter 13 bankruptcy might allow you to pay it over time, but attorney fees and the cost of the plan might outweigh the benefit.
Right. Chapter 13 could spread out the payments, but it won’t reduce the overall amount you owe. It’s worth discussing this with a bankruptcy attorney.
Jo said:
It sounds like your lawyer hasn’t done enough to defend you. If you have court documents proving your daughter took the stove, those should be submitted. Can you consult another attorney for advice?
Good idea. A second opinion might help you challenge the restitution order or clarify your legal options.
You might want to explore legal aid services in your area. They could offer low-cost or free legal advice to help with your case.
If going back to work is an option, consider doing so temporarily to pay down the restitution. It might also help you cover legal fees to fight this more effectively.
Cass said:
If going back to work is an option, consider doing so temporarily to pay down the restitution. It might also help you cover legal fees to fight this more effectively.
Agreed. Even part-time work could give you some financial breathing room while you sort this out.