I filed a Chapter 13 bankruputcy, and I owe DMV a reinstatement fee and staturory fee. My lawyer filed it under a schedule E, but DMV saids it has to be filed on a schedule F. Which schedule is the right one to get my licences back?
If it is not a tax, then it would be listed on Schedule "F", but where you schedule it has nothing to do with whether you get your license back or not. If the debt is dischargeable in your Chapter 13 case (and it probably is) then once you receive your discharge, they should be required to give you your license back. However, that could be over 5 years depending on how your plan is structured. It would be a minimum of 3 years.
If you were planning on paying the reinstatement and other fees through your plan, the DMV would need to either be put in a separate class (which may be tricky) or get paid outside of your plan.
I've never dealt with this specific scenario so I'm not completely sure what the mechanism for getting your license returned is, particularly because it will depend in part on the laws of your State.
Mark Markus has been practicing exclusively bankruptcy law in California since 1991. He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization, AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.
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