Can I file bankruptcy on a civil judgement? - Bankruptcy Law Questions and Answers- LawQA.com

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Can I file bankruptcy on a civil judgement?

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of that wreck involved a civil judgement against me for almost $250,000.00, because of that judgement my license has been revoked.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.

David R. Fondren, Attorney at Law
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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


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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

Answer By Dorothy G Bunce
A Fresh Start
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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.
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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

Answer By Ronald K. Nims

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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: 2/2/2015

Tokarska Law Center
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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

Answer By Tim Theisen

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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


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Yes, although if the judgment is based on fraud it is more difficult.

Answer Applies to: Nevada
Replied: 2/2/2015

Answer By Scott Jordan

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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

Answer By Michael Johnson
Law Office of Michael Johnson
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Yes. Please speak to an attorney to discuss your options.

Answer Applies to: Florida
Replied: 2/2/2015

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