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Restitution, fines, parole fees

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  • 11-04-2005, 11:28 PM
    hgffrank
    Restitution, fines, parole fees
    I have been out of prison since 1998 but unable to pay the criminal restitution of 25,800.00, and I now owe over 1,600.00 for parole fees, I have been on Social Security Disability which only pays me $731 per month, not even enough to live on around here. I live in Michigan. I have been held on parole for 8 years for failure to pay the restitution and fees, however obviously I cant afford them. I am currently in the process of chapter 7 bankruptcy. I had to report all these debts and I previously had the understanding from reading laws and such that at least the restitution was not dischargable. However I asked one of my attorney's employee's if it were possible to discharge the restitution and she said that it was possible but only in extreme situations where there is absolutely no possible means for the person to pay it, and also it must be of an amount that it creates an extreme burden not bearable by the debtor. My question is this: If this is the case then what contitutes an unbearable burden and an extreme situation that qualifies. I would certainly think that I would qualify if anyone could. I was sent to prison at 17 and was told that there would be no restitution ordered in the plea agreement yet the attorney lied and I was ordered almost 26,000.00. This debt is a huge burden on my shoulders and any advice would be greatly appreciated.
  • 11-05-2005, 08:56 AM
    Mr. Knowitall
    Restitution & Bankruptcy
    Certainly, your bankruptcy lawyer could petition for discharge of the restitution. You could also check with a criminal defense lawyer to see if there would be any point in trying to have the trial court revisit the restitution on the basis of hardship.
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