Unfortunately, criminal restitution is not able to be discharged during bankruptcy. Nevertheless, one of the features of filing for bankruptcy called the automatic stay can prevent creditors or courts from attempting to collect any debt that you may owe them. There are a few exceptions to the protection of the automatic stay, but none of them apply towards criminal restitution. This automatic stay is case dependent, and can last up to 5 years. In general, however, chapter 7 bankruptcies offer a shorter automatic stay compared to chapter 13 bankruptcies. If you do end up filing for bankruptcy under chapter 13 you will have the option to restructure your debt into manageable monthly payments, which will give you more time to pay your criminal restitution.
To better understand if filing for bankruptcy is the right action for you, it is recommended that you set up a consultation with a local bankruptcy attorney.
