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I have legal fees from dui and state fees and court cost and other outstandind debt i want to claim bankrupt can they be claimed

Hazel Park, MI |

married, bad creit and legal fees state fine and fees and i do want to get my driver licsence back but have to pay responsibilty fee what to claim in backrupt cand i dod these things

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Attorney answers 4

Posted

Your question is a little unclear and confusing but I will give it a shot.

1) Generally speaking, legal fees owed to an attorney who represented you are dischargeable.

2) Fines and fees, generally, are not dischargeable. 11 U.S.C. 523(a)(7) provides that debts for a "fine, penalty, or forfeiture payable to and for the benefit of a governmental unit..." are nondischargeable and will not be eliminated by bankruptcy

Exceptions and limitations to these rules apply. You should address these specific matters to the attorney handling your bankruptcy.

Posted

As stated in the previous answer, these debts are not dischargeable (or capable of being eliminated) in a Chapter 7 bankruptcy. However, you may look at filing a Chapter 13 bankruptcy. A Chapter 13 would allow you to repay the fines and fees and retain your driver's license. The Chapter 13 is a repayment plan that is filed with the bankruptcy court. Additionally, you may be able to retain your driver's license as soon as the Chapter 13 is filed.

I recommend you consult with a bankruptcy lawyer in your area to determine if Chapter 13 is a solution to your debt problems. Best of luck.

Posted

Court fines and costs are not, however, the driver responsibility fees issued by the Secretary of State can be discharged.

Posted

Court fines and costs are not, however, the driver responsibility fees issued by the Secretary of State can be discharged.

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