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Bail Due

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djvandorn

Junior Member
California
Ok so hers the long and short of it, I bailed my husband out and the bail was pretty steep, $73,000 which one day after I bailed him out the DA only picked up 2 of the umpteen charges so his bail would have been way less but anyway he is currently on bail and I think out of a total of $88,000 we owe the Bond Company very well known one about i think around $5,000. We have to file bankruptcy for various reasons this was the straw that broke the camels back. Can i include this debt with my bankruptcy even though he isnt finished in court and is still on those bonds.
 


Who's Liable?

Senior Member
Keep all your questions in one thread.

ALL your debts must be included, you cannot pick and choose. This includes the NSF fees, payday loans, etc.

However fees associated with criminal charges won't be discharged. Someone will chime in with more knowledge on the Bail issue.
 

dmcc10880

Member
The bail bond is not dischargeable. However, if you'd like to forfeit your bond, I'm sure your husband will find a nice place in the county hotel.
 

Mass_Shyster

Senior Member
Maybe.

See In re Collins, 173 F. 3d 924 - Court of Appeals, 4th Circuit 1999

Bankruptcy courts that have considered the dischargeability of bail bond debts have reached different conclusions. Some courts have held that these debts are dischargeable in bankruptcy, finding them more akin to a contractual obligation than a "penalty" or "forfeiture." See In re Damore, 195 B.R. 40 (Bankr.E.D.Pa.1996); In re Midkiff, 86 B.R. 239 (Bankr.D.Colo. 1988); In re Paige, No. 86 B 8072 C, 1988 WL 62500 (Bankr.D.Colo. Apr.15, 1988). Other courts have held that the debts are not dischargeable, citing concerns about the effective functioning of the bail system. See In re Scott, 106 B.R. 698, 701 (Bankr. S.D.Ala.1989) (noting that discharge would "thwart the public welfare objectives served by the state's [garnishment] action"); In re Bean, 66 B.R. 454, 457 (Bankr.D.Colo.1986) ("this entire system could be undermined or destroyed if those persons who post appearance bonds may simply discharge their obligations under the protection of the Bankruptcy Code").
 

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