I have a unpaid car registration due to a retuned payment. I recently started chapter 13 case and currently waiting for my meetings of the creditor meeting. Will the dmv demand payment for this unpaid debit prior to paying my next registration? Or does the automatic stay apply to this as well.
Driving a car with an expired registration is actually considered a Crime in many jurisdictions. Being in a Bankruptcy case will not protect you from being pulled over, cited, and potentially having the car seized/towed. Remember that a police officer can visually tell when a car registration is expired based solely on the tags on the license plate. It may also be that eventually the DMV will report the situation to the police who may then approach you regarding the situation. Although it is probable that the debt owed on the registration payment is included in the automatic stay, you will undoubtedly run into complications next year when you attempt to register the vehicle again.
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I agree with Mr. Trease. The debt is likely included in the chapter 13, however, if you plan to keep driving the vehicle, you should pay the registration otherwise you risk being pulled over, having the car impounded, and ultimately having to pay the fees anyways once the registration is due again.
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I expect that your registration is not going to be renewed until you have paid what you owe. The operation of the vehicle is not a legal right, it is a privilege under the law that nobody gets excused from complying with. The exercise of such powers by a governmental entity is a permissible exception to the bankruptcy stay.
What does your lawyer say? No lawyer? Remember, BK is more than checking boxes on forms you find online. According to statistics reported by the United States Trustee, virtually all non-lawyer 13s are dismissed before completion, including many that fail to even get confirmed. If you want to become one of these statistics, don’t get a lawyer to help you. Otherwise, find/consult/hire a lawyer using the Avvo feature "Find a Lawyer". Make a list of 4-5 having many 5 star reviews from satisfied clients. If you don't get a prompt call back from one, go on to the next on your list. Some of us offer a free consultation by phone or in person. Take us up on it.
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