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Chicago Bankruptcy Lawyers & Attorneys

June 21, 2010

Driver License Suspension Can Be Undone in a Bankruptcy

Filed under: Uncategorized — David M. Siegel @ 4:57 pm

I have clients that see me whose drivers license’s have been suspended for several different reasons. One, is that they haven’t paid their parking tickets or they have moving violations or in some cases, they were caught driving without insurance and they were involved in a motor vehicle accident. In many of those cases, the driver license suspension will be reversed. The most common type is when someone is driving without insurance and they get into an auto accident. There are several things can happen in that case scenario: A license can be suspend unless the individual either pays off the debt, works out an installment payment plan to pay off the debt, or file for a Chapter 7 bankruptcy. Provided it was only property damage not personal injury caused by dui, the driver license suspension will be lifted and the person will be given a fresh start.
In other cases, a Chapter 13 may be filed, to repay parking tickets, which are non-dischargeable. As long as the person is repaying those debts pursuant to a Chapter 13 repayment plan, the license will be unsuspended. Now if the person fails to complete the Chapter 13 or doesn’t repay the parking tickets, the license can be re-suspended. Then again, the most common type that I see is an auto accident, property damage only without insurance. A Chapter 7 bankruptcy will eliminate the debt, and it will undo the suspension of the driver license.

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