Can I get my drivers license back if I file for bankruptcy?

Oct 17, 2018 | Bankruptcy

You can get your driver’s license back if you declare either a chapter 7 or chapter 13 bankruptcy

Filing for bankruptcy will allow you to have your driver’s license unsuspended in many instances. If you have failed to pay parking tickets, a chapter 7 bankruptcy will allow you to get your driver’s license back right away, and then give you roughly 4 months to work out a payment plan with the City or Cities that had your license suspended. If you file a chapter 13 bankruptcy, you will also get your driver’s license back right away, but you will need to start making payments to the chapter 13 trustee. At the end of the plan, it is possible that you will be able to have a portion of what you owe discharged. What you pay in a chapter 13 bankruptcy and how long you pay is based on what your take-home pay is and the number of people in your household.

If you lost your drivers license for driving without insurance bankruptcy will allow you to get your license back.

Once again, you can file either a chapter 7 bankruptcy to have your license unsuspended for 4 months to work out a payment plan with the city or cities that you owe money, or you can file a chapter 13 bankruptcy for a 3 or 5-year repayment plan. Filing bankruptcy will eliminate a suspension for driving without an insurance and damaging someone else’s property as long as provided it is only property damage occurred.

Bankruptcy will not always cure a Suspended Driver’s License

If you never had a license and then started getting tickets for driving without a license and other violations, will not allow you to be issued a license. A suspension for DWI will not be cured by filing for bankruptcy, however, if your license is suspended for not paying the surcharges associated with the fines, then bankruptcy can help.

How does filing for bankruptcy affect the surcharges that I owe?

If you filed for a chapter 7 bankruptcy or a chapter 13 and are granted a discharge. The NJ Surcharge Administration should write-off the entire balance on all pre-petition event violations. However, you will be responsible for any violations you incurred after filing bankruptcy. If your bankruptcy case is dismissed, you will be responsible for the entire unpaid balance of your surcharge account.

If you have specific questions about your license suspension and if filing for bankruptcy will help, contact a Bankruptcy Attorney to go over all of your options. Call 973-200-1111 to speak with an attorney or email info@focusedlaw.com to set up an appointment or have your questions answered by email.

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