Losing your driver’s license can be a detriment to your daily life. Instead of transporting yourself to work, you might have to take public transportation, walk or ride a bike, which can be difficult things to do when things like weather and crowds factor in.
This is why it is important to pay any fines associated with a traffic penalty as soon as you can. If you do not do so, the state has the power to take away your driver’s license. If this is the case, you might be wondering if you are able to get your license back under a Chapter 7 bankruptcy filing.
The simple answer is that under Chapter 7 bankruptcy you cannot discharge those traffic fines. But, this does not mean Chapter 7 cannot help you get your license back.
If you were unable to pay your traffic fines because you had too many other debts to pay, filing for Chapter 7 bankruptcy can help by wiping out those other debts and giving you the ability to pay the fines and get your driver’s license back.
So let us say you did not pay your traffic fines because you simply could not handle another expense on top of your other expenses. Maybe you had obligations like credit card payments or medical bills and those costs made it impossible for you to pay your traffic fines.
Well, a Chapter 7 bankruptcy can eliminate those types of debt, hopefully freeing up from in your budget to pay the fines you owe. This would help you get your license back.
Another option is to file a Chapter 13 bankruptcy instead of Chapter 7. Under Chapter 13 bankruptcy, certain fines and penalties that are not criminal in nature can be discharged. So, pending on your traffic fine and whether or not your state classifies it as civil or criminal can make all the difference.
Again, if the fines end up not dischargeable, you can still pay them off through a payment plan over the course of the next three to five years. You might even be able to get your license reinstated right away if you show that your fines are included in your payment plan.
Regardless of your specific situation, you should always contact an experienced bankruptcy lawyer when deciding to file for bankruptcy. In New Jersey, the Law Office of Joel R. Spivack can provide you with the answers to all your bankruptcy questions.
For a free, face-to-face consultation, call today at 856-488-1200.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney/client relationship. If you are seeking legal advice, please contact our law firm directly.