New York Bankruptcy Law - Fines & Penalties

11 U.S.C. 525 provides (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, other than a tax penalty - (A) relating to a tax of a kind not specified in paragraph (1) of this subsection; or (B) imposed with respect to a transaction or event that occurred before three years before the date of the filing of the petition.

In Practice

"Governmental Unit" includes federal, state, county, city, and taxing districts. Any fine imposed under color of law will not be discharged as a matter of public policy. In addition, courts often reciprocate reporting appearance dates for individuals who are subject to arrest for non-payment of fines. Also note that any creditor, or their bankruptcy lawyer, may object to discharge. The debtor and their bankruptcy lawyer receive will prevail if the opposing party fails to meet their burden of proof. The trustee, or their bankruptcy lawyer, or the court upon it's own motion, may also initiate objections.

The majority of personal bankruptcy lawyers certified in consumer Chapter 7 and Chapter 13 cases offer free initial consultations. Potential clients may review all options available and ask any question deemed important. All attorneys are bound by the attorney client privilege and must zealously guard confidentiality. Because of recent amendments to new bankruptcy laws, by passage of the latest reform bill known as the Abuse Prevention Act of 2005, debtors will find qualification for debt relief somewhat more difficult. Yet these laws also present new options, alternatives, and means of discharging debt that were previously unavailable. Now, more than ever, the assistance of qualified representation before federal courts is essential to gain maximum benefits provided by law.

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