Virginia 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.

Be aware that all options are not available to all debtors. The availability of alternatives depends on several factors. State & federal laws change frequently through the legislative process and through court interpretations. Each debtor presents a unique financial history and assortment of debts. Local rules and customs vary. Nevertheless, all debtors gain the maximum benefit available similarly: careful planning and selection of options before filing.

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