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Submitted by on Thu, 12/23/2010 - 17:45
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my son got into trouble when he was almost eighteen he was given a fine for restitution and i was making monthly payments and was unable to make payments due to husband being in hospital and mother being sick they are garnishing my check for 25% of my income and are not getting a dime from the other kid, can i file bankruptcy for all my debts


SoapLady is absolutely correct. Your son was given a fine for restitution. You may make monthly payments on your son's behalf but they can't garnish your account for non-payment. Before filing bankruptcy, I will suggest you to have a word with an attorney and check out if you can stop this garnishment.


Submitted by Anna Sweeting on Thu, 12/23/2010 - 22:39

Anna Sweeting

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Since your son was a minor when the incident occurred and your wages are being garnished, I will assume you were made the responsible party (possibly jointly with your son) as guardian/parent of the child. I have only handled one case similar to this (assuming I am correct). What I found was that the parent's obligation was dischargeable since the parent was not the one causing the injury. However, in the case I am referring to, no one attempted to hold the debt non-dischargeable therefore I cannot be absolutely sure that 11 USC 1328(a)(3), 1328(a)(4) or any of the applicable sections of 11 USC 523(a) will not apply. I suspect they won't since you did not cause the injury.

Your next set is to meet with a bk attny. Consultations are usually free. Make sure you bring with you the "restitution order".

Des.


Submitted by despritfreya on Fri, 12/24/2010 - 05:54

despritfreya

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