QUESTION
Will filing for bankruptcy help me obtain my license?
Asked on May 17th, 2013 on Bankruptcy - Florida
More details to this question:
I was charged with two counts of forgery and fraud. My charges were adjudicated. I’m not a felon but these are on my record. I have to pay a fine of $50,000 which I can’t pay at all. I had a lien on my fine after completion of probation which I completed in 2012. I have student loans. I don’t have a job. I’m trying to get one but can’t drive anywhere because my license is suspended indefinitely until I pay the fine.
7 ANSWERS
Bankruptcy cannot discharge debts relating to criminal penalties.
Answered on May 20th, 2013 at 9:25 PM
Bankruptcy Attorney serving Alpena, MI
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Carl C. Silver Attorney at Law
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It is worth a shot. Debts as a result of fraud are not dischargeable. However, you can file the bankruptcy and if the injured party (whoever lost the money) does not file a complaint objecting to the discharge of the debt, the debt will be discharged and you should be able to get your driver's license. If they do file such a complaint you would be out of luck. I would take my chances.
Answered on May 20th, 2013 at 9:14 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You cannot get a discharge of debt that was the result of larceny. Fraud and forgery may well fall into the category of larceny.
Answered on May 20th, 2013 at 9:14 PM
Debt Settlement Attorney serving Chicago, IL
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Law Offices of Daniel J. Winter
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The only possible way in bankruptcy would be to file a chapter 13 to pay the fines. You could get your license back once the case is filed with the Court. However, you need a regular source of income to make a plan work. It is possible to pay the fines in a Chapter 13 plan over 5 years. You need to speak with an experienced bankruptcy attorney to discuss your options.
Answered on May 20th, 2013 at 9:09 PM
Deborah F. Bowinski
What was the result of the adjudication? What is the fine for? Generally, fines at not dischargeable in bankruptcy, not are debts incurred through fraud. And student loans are usually not dischargeable either. You should consult with an attorney to evaluate your specific situation.
Answered on May 20th, 2013 at 9:03 PM
Bankruptcy Attorney serving Oakdale, CA
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Law Office of Todd Whiteley
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The answer lies in the details. A lot depends on whether the fine is priority Debt and if it can be discharged. You will need to speak with a lawyer with all your paperwork to get the answer to this one.
Answered on May 20th, 2013 at 8:56 PM
Bankruptcy Attorney serving Plantation, FL
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Moffa & Breuer, PLLC
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More information is needed.
Answered on May 20th, 2013 at 8:54 PM