Can I file bankruptcy on a civil judgement? 26 Answers as of February 05, 2015

A few years ago, a vehicle that was in my name was involved in a wreck with someone else driving. The result of that wreck involved a civil judgement against me for almost $250,000.00, because of that judgement my license has been revoked. I need to know if filing bankruptcy is an option so that I would be able to get my license back.

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David R. Fondren, Attorney at Law
David R. Fondren, Attorney at Law | David R. Fondren
Yes, you can discharge the personal liability in bankruptcy and yes you can get your license back.
Answer Applies to: Missouri
Replied: 2/5/2015
EDWARD P RUSSELL | EDWARD P RUSSELL
You can file bankruptcy and have your license restored because refusing to grant you a license is a collection activity prohibited by the automatic stay against such collection activities. The judgment will be voided by the bankruptcy.
Answer Applies to: Minnesota
Replied: 2/4/2015
A Fresh Start
A Fresh Start | Dorothy G Bunce
That's a lot of money to be trusting an answer from a free online website! In many instances, you can eliminate this kind of debt in bankruptcy, but in some instances, the debt may be ineligible to be eliminated. take a look at 11 USC sec 523 and after you finish tearing out your hair and screaming, take the legal papers to a local bankruptcy EXPERT, and not the bozo advertising on TV that handles tens of thousands of cases for real advice. Bozo will never look at any legal papers everything in this office is handled by unqualified paralegals.
Answer Applies to: Nevada
Replied: 2/3/2015
Michael J. Duggar, P.A.
Michael J. Duggar, P.A. | Michael J. Duggar
It is quite common to file bankruptcy in order to discharge a civil judgment, and for the purpose of getting your driver's license reinstated. Be advised that in some instances the Florida DMV requires a Discharge of Debtor in order to reinstate the license, which would be in normal instances, a little short of four (4) months. Best wishes.
Answer Applies to: Florida
Replied: 2/3/2015
Ronald K. Nims LLC | Ronald K. Nims
If your license was suspended on a criminal charge of wrongful entrustment, then bankruptcy won't affect your suspension. But if you license was suspended under the financial responsibility law, then bankruptcy will release your suspension - although you'll still have to go through the procedure to get your license back.
Answer Applies to: Ohio
Replied: 2/3/2015
    Tokarska Law Center
    Tokarska Law Center | Kathryn U. Tokarska
    Schedule a consult with a local bankruptcy attorney. They'll need to know more about the circumstances of this judgment. Is it restitution, was there a DUI? Also whether you qualify for chapter 7 discharge depends on income and living expenses, whether all of property is exempt will depend on what you own and how much it is worth. If you fail the Means Test, you will be looking at a chapter 13 repayment/structure type of bankruptcy and you'll want to know how much the chapter 13 payments would be. When you schedule a consult the attorney will tell you what to bring with you so they can advise you. Good luck!
    Answer Applies to: California
    Replied: 2/2/2015
    Timothy Casey Theisen, P.A. | Tim Theisen
    Yes. Once you file you should be able to get your license back. There is an exception if you were intoxicated, but since you were not the driver that should not apply.
    Answer Applies to: Minnesota
    Replied: 2/2/2015
    Stephens Gourley & Bywater | David A. Stephens
    Yes, although if the judgment is based on fraud it is more difficult.
    Answer Applies to: Nevada
    Replied: 2/2/2015
    Danville Law Group | Scott Jordan
    I need more information to know whether the debt could be discharged or not. First of all, did you have insurance covering the vehicle? Were you a passenger in the vehicle at the time of the accident? Was drugs or alcohol involved in the accident? Why was your driver's license suspended? This is very unusual for simply having a civil judgment against you.
    Answer Applies to: California
    Replied: 2/2/2015
    Law Office of Michael Johnson
    Law Office of Michael Johnson | Michael Johnson
    Yes. Please speak to an attorney to discuss your options.
    Answer Applies to: Florida
    Replied: 2/2/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    The answer, at least in the State of Wisconsin, is yes. You can get your license back if you discharge the debt underlying the judgment in bankruptcy. And once you get the bankruptcy discharge, about 3 months after filing, you can go back to state court and have the judgment lien 'satisfied.' There are exceptions and details to everything, so you would help yourself most by finding an experienced bankruptcy lawyer. Good Luck.
    Answer Applies to: Wisconsin
    Replied: 2/2/2015
    Patrick W. Currin, Attorney at Law | Patrick Currin
    Yes, a civil judgement may be discharged in BK.
    Answer Applies to: California
    Replied: 2/2/2015
    John W. Lee, PC
    John W. Lee, PC | Kim A. Lewis
    Yes, chapter 7 is an option which will discharge your obligation for a civil judgment as long as there was no DUI conviction as a result of the incident. Once you have filed bankruptcy you can have your driving privileges restored although you will still need to pay all fees and costs as required by DMV.
    Answer Applies to: Virginia
    Replied: 2/2/2015
    The Law Office of M Grater LLC
    The Law Office of M Grater LLC | Mark O. Grater
    As long as the accident was not caused by drunk/impaired driving, it should be discharged.
    Answer Applies to: Connecticut
    Replied: 2/2/2015
    Cohen & Kendziorra, P.A.
    Cohen & Kendziorra, P.A. | Robert S. Cohen
    Yes, filing bankruptcy is an option for you to get your drivers license back.
    Answer Applies to: Florida
    Replied: 2/2/2015
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    It depends on the type of judgement. The bankruptcy code does not discharge a debt incurred by a debtor arising out of the operation of a motor vehicle but if it was not you that was driving you may be able to discharge the debt. It would require an attorney to review the judgement. Filing no does not restore your license. That requires an administrative hearing.
    Answer Applies to: Nevada
    Replied: 2/2/2015
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    That would depend on what the judgement was for. Generally a civil judgement is wiped out. You should see a lawyer and bring him/her the paper work to look at. You may find one at nacba.org.
    Answer Applies to: California
    Replied: 2/2/2015
    Garner Law Office
    Garner Law Office | Daniel Garner
    Yes, if non-payment of the civil judgment was the ONLY reason you lost your license, then you should be able to get it back by filing bankruptcy.
    Answer Applies to: Oregon
    Replied: 2/2/2015
    Hoang & Tran PLLC | Adam Tran
    Bankruptcy can discharge the civil judgment, but whether it can lift the "lien" on your license will depend in the state in which that you live. You should contact a bankruptcy attorney in your state for more information.
    Answer Applies to: Texas
    Replied: 2/2/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Quite possibly, but I need the details to form a firm opinion.
    Answer Applies to: Michigan
    Replied: 2/2/2015
    Thomas Vogele & Associates, APC | Thomas A. Vogele
    If the judgment concerns an award for injuries, it will not be discharged by a bankruptcy filing. Nor will it restore your license. You should discuss your situation with a bankruptcy attorney for more specifics.
    Answer Applies to: California
    Replied: 2/2/2015
    Law Office of J. Thomas Black, P.C.
    Law Office of J. Thomas Black, P.C. | J. Thomas Black
    Yes. Here in Texas if you have an unsatisfied judgment against you for damages resulting from an auto accident, your Texas driver's license may be suspended. Once a bankruptcy is filed, it is possible to regain your license, but you must provide a copy of the bankruptcy petition and proof of insurance to the Texas Department of Public Safety, and pay a reinstatement fee. If the judgment is more than 10 years old and has not been renewed, then a certificate from the court that issued the judgment can be filed with the DPS and a reinstatement fee. Filing a bankruptcy would not be necessary if the judgment is time-barred.
    Answer Applies to: Texas
    Replied: 2/2/2015
    John W. Lee, P.C.
    John W. Lee, P.C. | John W. Lee
    In most cases a civil judgment can be discharged in a Chapter 7 Bankruptcy. If the civil judgment was a result of drinking and driving or fraud it may be non dischargeable. Based on the information provided in your question, it sounds like the debt would be discharged in bankruptcy. Once you have filed a bankruptcy you can take evidence of the filing to the DMV and, in most cases, you can get your license back. The debt associated with the civil judgment will be discharged, but you will still have to pay any fines or DMV fees that are required.
    Answer Applies to: Virginia
    Replied: 2/2/2015
    Fresh Start Law Group
    Fresh Start Law Group | Kimberly Cambron
    Most, but not all, civil judgments can be discharged in bankruptcy. If the civil judgment was for an intentional (not negligent) act or was brought because of injuries related to a DUI, then those would not be dischargable. If you have a civil judgment, then it is best that you take of copy of the judgment and other court records to a bankruptcy attorney for review prior to filing.
    Answer Applies to: Tennessee
    Replied: 2/2/2015
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    In Alabama the answer is yes, unless punitive type damages.
    Answer Applies to: Alabama
    Replied: 2/2/2015
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    The bankruptcy would resolve the civil judgment. Once your case is closed and discharged you should be able to go to dmv to get license back.
    Answer Applies to: New York
    Replied: 2/2/2015
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