Chapter 7 questions

[GroveCircle]

What is the name of your state (only U.S. law)? Ohio

My husband and I filed Chapter 7 - it was filed about a week ago. There is one thing that we included that our attorney thought "should be" able to be included, but he felt it was a "grey area" and that we will have to wait to see if the judge allows it to be included. I just wanted to see if maybe someone here knows if this item can be included or not.

Our son got into some trouble last year when he was 17. He spent 35 days in juvenile detention, and the total cost was $3000. We were making monthly payments on the detention costs, and have it paid down to roughly $2100. We were unable to make the payments in October, November, and December. The juvenile bailiff doesn't feel that we can include the detention costs in the bankruptcy because fines imposed for breaking the law are not able to be included ... but our attorney said these were detention costs, and they were not assessed to my husband and I because *we* broke the law.

Who is right? The bailiff, or our attorney?

 

[latigo]

What is the name of your state (only U.S. law)? Ohio

My husband and I filed Chapter 7 - it was filed about a week ago. There is one thing that we included that our attorney thought "should be" able to be included, but he felt it was a "grey area" and that we will have to wait to see if the judge allows it to be included. I just wanted to see if maybe someone here knows if this item can be included or not.

Our son got into some trouble last year when he was 17. He spent 35 days in juvenile detention, and the total cost was $3000. We were making monthly payments on the detention costs, and have it paid down to roughly $2100. We were unable to make the payments in October, November, and December. The juvenile bailiff doesn't feel that we can include the detention costs in the bankruptcy because fines imposed for breaking the law are not able to be included ... but our attorney said these were detention costs, and they were not assessed to my husband and I because *we* broke the law.

Who is right? The bailiff, or our attorney?

A bit difficult to say that your attorney doing his "fence sitting" is right or wrong.

But inasmuch as under Ohio law you as parents are personally liable for those costs they would appear to be an exception to a discharge because of:

Bankruptcy Code § 523 (11 U.S. C. § 523) - Exceptions to discharge

(a) A discharge under section 727, 1141, 1228 (a), 1228 (b), or 1328 (b) of this title does not discharge an individual debtor from any debt—

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(7) to the extent such debt is for a fine, penalty, or forfeiture payable to and for the benefit of a governmental unit, . . . ."

To-wit: Bailiff: 1
Attorney: 0

 

[despritfreya]

A bit difficult to say that your attorney doing his "fence sitting" is right or wrong. . .

Bankruptcy Code § 523 (11 U.S. C. § 523) - Exceptions to discharge

(a) A discharge under section 727, 1141, 1228 (a), 1228 (b), or 1328 (b) of this title does not discharge an individual debtor from any debt—

(7) to the extent such debt is for a fine, penalty, or forfeiture payable to and for the benefit of a governmental unit, . . . ."

To-wit: Bailiff: 1
Attorney: 0

The fence sitting is understandable. As the above quoted Code section is missing some very important langauge. . .

(7) to the extent such debt is for a fine, penalty, or forfeiture payable to and for the benefit of a governmental unit, and is not compensation for actual pecuniary loss . . . ."

My take on this. . .

Bailiff: 1/2
Attorney 1/2

Des.