Indiana Bankruptcy Blog Reader's Question: How Are Driving Privileges Affected By Bankruptcy?

Tuesday, March 9, 2010 by Mark Zuckerberg

Next to questions about how to help stop foreclosure and (especially in this season of the year) tax refunds, I would say that as a debt consolidation lawyer offering bankruptcy services in Indiana, the topic I get asked about most  is cars.

When someone is dropped off at the Mark Zuckerberg bankruptcy law office because they don't have a car (the Anderson, Bloomington, and Columbus bankruptcy lawyers who work in my offices there say exactly the same thing), that person is typically in an immediate and very real bind.  If the car's been repossessed, I may have some hopeful news to share.  According to Chapter 13 bankruptcy law in Indiana, if you file before their automobile has been sold, the creditor has to give the car back immediately.

Generally speaking, the new bankruptcy laws in Indiana are designed not to punish, but to rehabilitate. In other words, the whole idea behind the bankruptcy system is to offer honest debtors a chance at a fresh financial start. The court recognizes that the lack of a driver's license can interfere with a person's chances for that fresh start.

Much of the time when clients talk to me about problems relating to their driver's license having been yanked, it's because they have unpaid tickets, unpaid fines, or unpaid automobile damages.  These debts might not even have to do with bad driving or accidents, but might be due to parking violations or equipment violations (noisy mufflers, bald tires, or broken headlights and such). Sometimes they don't have the money to pay because they're out of a job and, needless to say, can't go on a job search without a car!  Again, in this situation, I might have hopeful news.  Assuming there are not criminal charges against the debtor, Chapter 13 bankruptcy  law might offer a chance to get the driver's license back the next day.

Now, if the problem started with an accident resulting in damages over $1000, or you commit a moving violation, the situation is more serious.  You have forty days to submit proof of financial responsibility (insurance) to the state police. (If you can't do that, you're liable for paying the damages outright or for working out an installment plan to pay).  As part of the Indiana bankruptcy help I provide, we would send proof of your bankruptcy filing to the motor vehicle licensing department.

I've been offering Indiana bankruptcy help for almost twenty five years.  I know how big a problem it is not to have wheels.  I know the bus doesn't go anywhere near your job, and how difficult it is to make job interviews when you don't have transportation.  I know that, without a car, you've no way to get family members to the doctor or pharmacy. That's why, if you've been dropped off at one of the Mark Zuckerberg bankruptcy law offices, you've come to the right place.  You've got problems having to do with your car and your license to drive it, and you're seeking experienced legal help.

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