What’s a BAIL BOND? WHO OWES IT?
A bail bond is kind of just like a Money loaned to you.
The Criminal Court will subsequently return this massive sum of money to the Defendant if this person shows up for their court date. This vast sum of money that the Defendant pays to the Criminal Court is called the bail. If the Person, Defendant does not show up for his or her court date, then the Court system keeps the bail money and issues a warrant for the Defendant’s arrest.Most Defendants have a family, job, and other responsibilities and don’t want to wait in jail for weeks or months. Some folks also don’t have sufficient money for the bond since it is generally more than $10,000 and can be too high, even more than 1 million dollars.
Bankruptcy Basics > Could I Discharge in Bankruptcy Criminal Bail Bonds?
Can I Discharge Bail Bonds – Criminal in Bankruptcy for Boston, Massachusetts?
You know the drill; your brother, or good buddy, is detained on a criminal complaint and would like to get out of prison pending a trial on his or her case so that you agree to sign a personal bond to acquire a release from jail. And your brother/cousin/good friend/dirtbag skips town, leaving you due to the bond bondsman and facing insolvency. How to proceed?
The very first question is, what exactly does the bond pay? Several varieties do not involve cash. If you posted bail that makes a lien on a property that you own, then the question would be, would you avoid the “lien” for low value in a bankruptcy case? Criminal bail bond liensare treated like any other lien or mortgage on your property; it can and will be prevented in bankruptcy proceedings, leaving you with all the stuff.
So, if the bond is merely a personal guarantee, you will pay the bond amount when a friend skips town, then it is unsecured debt like any other. Should you later file for bankruptcy, the debt must return under a provision of Bankruptcy Code Section 523 to endure. Under Section 523(a)(7),Courts have held that the bond is not a debt owed to a governmental jurisdiction but is merely a private contract in which a third party pays the government on a guarantee of debt. Thus, bond debt IS dischargeable.
But it would help if you also looked out for other provisions of Section 523. If the bond has been- obtained by submitting a fictitious financial program or actual fraud, then subsection (a)(2) might prohibit the discharge. This is time to consult a proficient Boston bankruptcy attorney to ascertain the amount of your exposure and whether bankruptcy can assist you under this bag that your relative or friend left you holding.Greater Boston is a bankruptcy lawyer near you for Boston residences covering the entire State of Massachusetts.
Tags: Criminal Lawyer, Criminal Law, Criminal Procedure, debt, lien, Personal Bond, Posting Bail
Bail bond companies pay the bond to the court and treat it like a Defendant’s loan or the Defendant’s family or friends. Suppose the Defendant doesn’t appear for court. In that case, the bail bond company will begin debt collection from Defendant and alone else who Cosi consignedguaranteed the bond defendants bond If the Defendant will appear for court.
If the Defendant does not have assets, income, or, it is typical for the bail bond business to ask for a consigner who says that the consigner will cover if the Defendant doesn’t come to court back the bail bond. If the bond is very high, the bail bond company near Boston will only cover the bond if they require a lien against collateral is like a second mortgage from a house or piece of property, or sometimes as a car note. Most bail bonds in Boston, MA, do not require security.
A bond can survive bankruptcy even if there is no collateral if the Defendant fraudulently required the bond from the first location. If the bail bond business believes it could prove fraud, it can object to the bond moving away. Notethe bond firm only has about three weeks to try it, and if they do nothing, then the bond will move away even if it had been fraudulently taken out in the first location.We know that people will do anything to get family out of jail, so they cosign or guarantee a bond. Call now for a free consultation.