What type of bankruptcy will eliminate unpaid court fines? - Bankruptcy Law Questions and Answers- LawQA.com

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What type of bankruptcy will eliminate unpaid court fines?

I am a single mother who is looking for work. I lost my license about 2yrs ago when I couldn’t make the court payments anymore. I need to get it back in order to actively find work. I have been told by many people many different things like yes filing will eliminate these which I am told by collections is about $14,000. I am also confused about if you can even file if you are unemployed. I have been told yes and no. and what is the average cost to file?

Answer By Mark Alonso
Financial Relief Law Center
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Generally, government fines and debts are not eliminated in bankruptcy. There shouldn't be any reason you cannot file if you are unemployed, unless you are trying to file a Chapter 13 to reorganize your debts. The fees vary depending on your situation and jurisdiction.

Answer Applies to: California
Replied: 6/27/2011

Daniel Hoarfrost, Attorney at Law
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Court fines are not dischargeable in bankruptcy.Your remedy is to try a work out a payment plan with the original issuing court If you have other debt issues, a bankruptcy will cost about $1,500.

Answer Applies to: Oregon
Replied: 5/25/2011

Answer By Mark Markus
The Law Office of Mark J. Markus
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It depends on what type of a fine it is. If it is a civil fine payable to a governmental unit, it might be dischargeable in a Chapter 13 case only. Otherwise, fines are generally not dischargeable.

Answer Applies to: California
Replied: 5/25/2011

Answer By Janet Lawson
Janet A. Lawson Bankruptcy Attorney
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Starting with the easy one, Yes...you can file when you are unemployed. The problem is however that bankruptcy will not cure court fines. The best you could do is a Chapter 13, which would be a repayment plan. The plan would allow you to cure the fines by paying them over 60 months. In order to do this you must demonstrate that the plan will work, i.e. show that you have sufficient income to fund the plan.

Answer Applies to: California
Replied: 5/25/2011

Carballo Law Offices
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Fines are not dischargeable in bankruptcy. Sometimes the court will impose fees that are not really fines and those could be dischargeable. It could be that at least part of what you owe might be dischargeable given that the amount seems very high to be just fines. You need to obtain more information and consult with a bankruptcy attorney.

Answer Applies to: California
Replied: 5/25/2011

The Northwest Debt Relief Law Firm
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If you want to get your license back, a chapter 13 bankruptcy filing will enable you get it pretty quickly. It is impossible to say what the average cost is to file without knowing for certain where you live. I know that most attorneys in my area charge very little up front and collect most of their fees through the monthly chapter 13 plan payment.

Answer Applies to: Oregon
Replied: 5/25/2011

Judith A. Runyon, Esq. Attorney at Law
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Debts to government units are not dischargeable in a ch. 7. You would have to file a ch. 13 to pay it back. Otherwise just pay it yourself outside of bankruptcy.

Answer Applies to: California
Replied: 5/24/2011

The Law Offices of Robert L. Driessen
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You should sit down with a bankruptcy attorney as it is unclear as to what type of court fees you are trying to discharge. Are they from a criminal or civil case, that will make a difference.

Answer Applies to: California
Replied: 5/24/2011

Bankruptcy Law office of Bill Rubendall
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Bankruptcy will not eliminate court fines. You can file a bankruptcy for other debts. The cost of bankruptcy varies from one attorney to another. To discuss your overall situation you should try to get a free consultation with an attorney who specializes in bankruptcy.

Answer Applies to: California
Replied: 5/24/2011

Answer By Eric Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis
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Being unemployed has nothing to do with one's eligibility to file bankruptcy, although a Chapter 13 debtor needs to have sustained income to make the repayment plan viable. Court fines are not dischargable in Chapter 7 but in some instances they are in Chapter 13.

Answer Applies to: Indiana
Replied: 5/24/2011

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