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Can IL Tollway charges be included in a Chapter 7 bankruptcy if they have been sent to a collection agency?law firm?

Schaumburg, IL |

I have over $30K in unpaid tollway fines with the Illinois Toll Authority. Can these be added to a Chapter 7 filing if they are currently with a colleection agency/law office?

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Attorney answers 4


Speak to your BK attorney but it is unlikely those fines can be discharged. Your lawyer might be able to negotiate a settlement though.


Not dischargeable in Ch. 7.

The answers posted by this attorney is not intended to be legal advice but a general answer to common and/or similar situations to the questions posted. It is highly recommended that the persons seeking an answer to his/her questions seek an in person consultation with an experienced attorney in their jurisdiction. This attorney is licensed to practice in the State of Illinois and in the Federal Court of the US District Court for the Northern District of Illinois. While the US Bankruptcy Laws are Federal Laws, interpretation of those laws may differ from the various Federal jurisdictions. And, it is important to note that State Exemption laws differ from State to State.


Bankruptcy law requires that all these debts be included in your Chapter 7 filing, but in most places, these debts are not eligible to be discharged because they are in the nature of criminal penalties. You may want to look at paying these debts off through Chapter 13 instead. Hope this perspective helps!


These types of debts (toll way fines) are not dischargeable in a chapter 7 regardless of whether the debt has been sent to a collection agency. If you have regular income, a chapter 13 would likely be the route to take. It may be possible to pay a percentage (perhaps a very small percentage) of this debt through a chapter 13 plan and have the remaining balance discharged upon completion of your plan. I suggest you speak with a bankruptcy attorney and obtain detailed advice.

Disclaimer: This answer does not constitute legal advice. I am admitted in the State of Illinois only and make no attempt to opine on matters of law that are not relevant to Illinois. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. Consult an attorney in your locale before you act on any of this advice. You should not rely on this advice alone and nothing in these communications creates an attorney client relationship.

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