A miracle has happened. Several lawyer, including this one, agree on the same answer! Yes, the Chapter 7 discharge will wipe out the debt and entitle you to wrangle with the DMV to get your license back.
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Yes, a Chapter 7 bankruptcy will discharge the liability for a civil judgment from property damage relating to a motor vehicle accident. I have filed bankruptcies for a number clients in this position, and as soon as we file I have them take a copy of their filing documents and the court's notice issued to creditors to their nearest DMV office, whereupon their license is reinstated. You may need to speak to more than one person to get this accomplished, but be persistent at the DMV and you should be succesful.
I absolutely agree with Ms. Emery. You can file the bankruptcy and take the filing documents to the DMV to reinstate the license, so long as a DUI was not involved. There are a few other issues that may come up though, so I would suggest seeking advice on this matter from an attorney.
Please refer to my blog on this matter... http://www.jtsinghlaw.com/1/post/2012/11/drivers-license-suspended-file-a-bankruptcy.html
DISCLAIMER: This answer is provided solely for informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising.
I agree with Ms. Emery
See this -
Despite what DMV should do, it could be a fight to get reinstated. I have had some state that the filing of the bankruptcy was not enough, they wanted to see the discharge order.
The law is complicated and although the facts expressed may seem to be all that is relevant, there may be many other important facts to consider. Also, the law is constantly undergoing change, so what may be correct today, may not be accurate tomorrow. Only a full consultation with an attorney experienced or knowledgeable in the specific legal subject matter is likely to result in the optimal course of action. My practice has entailed more than a 30 year span of many real estate, personal property, and bankruptcy issues. Find out more about me at: FloridaPropertyLitigation.com.
I've done this as well and here's a little tip. Go to one DMV and if they want a discharge, which some do, then try another one. There are two near where I practice and despite the fact that they should follow the same rules, one will give it back to you with the petition and proof that the lawsuit was listed on your BK paperwork and another wants the discharge.