DRIVER LICENSE SUSPENSION IN ILLINOIS AND POSSIBLE SOLUTIONS IN BANKRUTCY
The Illinois Secretary of State can and does suspend individual driver’s licenses for various reasons. For many it is impractical to deal with the problem directly. A frequent method of regaining one’s driving privileges is filing a Chapter 7 or a Chapter 13 bankruptcy.
REASONS FOR SUSPENSION OF LICENSEPARKING TICKETS A driver's license can be suspended for 10 or more parking tickets. When a person falls behind on parking tickets the city doubles the fine. We have had clients owe several thousands of dollars when the suspension is imposed. TOLLWAY VIOLATIONS A driver's license can be suspended for failure to pay fines for 5 or more tolls. As with parking tickets the amount finally owed is a multiple of the original amounts due. RED LIGHT OR SPEED ENFORCEMENT TICKETS FROM CAMERAS A driver's license can be suspended for failure to pay fines for 5 or more red light and/or automated speed enforcement tickets. CHILD SUPPORT DEFAULTS - Under the Family Financial Responsibility Law a person's driver's license can be suspended. ACCIDENT WITHOUT INSURANCE If the Secretary of State's office finds a person at fault for a car accident while driving without proper car insurance a driver's license can be suspended for up to 2 years.
BANKRUPTCY SOLUTIONSPARKING TICKETS; TOLLWAY VIOLATIONS; RED LIGHT OR SPEED ENFORCEMENT TICKETS FROM CAMERAS The amounts due for these debts are not discharged in Chapter 7 (Section 523(a)) of the Bankruptcy Code) but are in a Chapter 13 (1328(a)(2). When an individual files a Chapter 13 and lists the above the Secretary of State will reinstate the driver's license. Further the amounts repaid can be small. Many of our clients repay about ten cents on the dollar and upon successfully completing the Chapter 13 with a discharge do not owe anything more. CHILD SUPPORT DEFAULTS Child support defaults are not discharged in a Chapter 7 or in a Chapter 13 unless paid in full. As with Parking Tickets, etc. when an individual files a Chapter 13 and list the above the Secretary of State will reinstate the driver's license. When the amount of the arrears is extremely large sometimes an agreement can be made where a portion of the arrears will be paid through the Chapter 13 and the remaining balance will still be owed after the Chapter 13 is completed. ACCIDENTS WITHOUT INSURANCE With one exception if a license is suspended for an accident without insurance it will be restored if the driver files either a Chapter 7 or a Chapter 13. The exception to the above is if the accident resulting in personal injury was the result of drunk driving or otherwise being under the influence of drugs. (Interesting the exception does not apply to physical damage.)