My NJ driver's license was suspended after I received a judgment from an accident where I had no insurance. No one was injured and I was not intoxicated. I filed for chapter 7 bankruptcy. Can I have my license reinstated now or do I have to wait for the discharge order?
The filing of the bankruptcy automatically stays attempts to collect on the consumer's debts. Depending on the consumer's situation, especially if there are prior bankruptcy filings, the automatic stay may not exist or may expire after a period of time. But I have filed many Chapter 7s here in Ohio where my client took the filing directly to the Bureau of Motor Vehicles, and got their license back. But consult with a NJ attorney for more details, you can find one on AVVO.
I am not your attorney unless you and I have signed a retainer agreement. What I am saying is not legal advice. Do not act on this information without engaging my services, this is for consideration only.
I think a literal reading of the Bankruptcy Code would lead to the conclusion that they do not have to reinstate the license until after the discharge. However, I have successfully convinced the California DMV on several cases to reinstate a license immediately.
You'll need to speak with an attorney in your state to determine what the Department of Motor Vehicles would do in your particular case.
First, the firm is a debt relief agency according to the U.S. Bankruptcy Code. We help people file for bankruptcy. We also do other stuff and we do it well, but Congress wants me to post this notice. Second, nothing on this site is legal advice. You are not my client unless you enter into a written agreement signed by you and me.
If your license was suspended for the driving without insurance it will be restored when the suspension ends and you pay MVC the restoration fee. If it was suspended due to a lien from the insurance company or victim, you will have to wait till it is discharged.
This should not be considered legal advice and is intended for educational purposes only. It does not constitute a contract for legal services between any parties. Answers are given to questions for which there may be additional facts not mentioned which might change the legal issues or consequences.
If you have a surcharge assessment and have filed for bankruptcy, a copy of your bankruptcy petition needs to be forwarded to the Surcharge Administration Office, P.O. Box 136, Trenton, NJ, 08666 or faxed to (609) 633-8273. After the MVC receives the petition, a hold will be placed on your surcharge account and any surcharge suspensions will be satisfied. If an MVC restoration fee is due, you will be responsible for that payment.
Once your bankruptcy case is discharged, the Surcharge Administration has the ability to write-off the entire balance on all pre-petition event violations. However, you will be responsible and billed for all post-petition surchargeable violations. These are violations you incurred after filing for bankruptcy. Please note that only surcharge assessments are dischargeable. Judgments are non-dischargeable. To have the judgments satisfied, you will need to pay them in full, or petition the Superior Court, a year after your discharge, to have the judgments vacated.
If your bankruptcy case is dismissed, you will be responsible and billed for the entire balance of your surcharge account. If you re-file or your case is re-opened, you will need to mail or fax the Surcharge Administration. Please contact the Bankruptcy Unit at (609) 292-7500, extension #5025 for further information.
Filing bankruptcy will allow you to recover your license. I would make sure that you use an attorney for this. You can handle it on your own, but the time and energy to learn how to handle this would not be worth the savings.
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