Will Chapter 7 bankruptcy get rid of my traffic tickets?
Can I file bankruptcy to clear traffic ticket debt?
Simple answer, no. But read on.
Although Chapter 7 bankruptcy often discharges many types of debts and helps people gain a fresh start, there is a limited list of debts that cannot be discharged.
The non-payment of these debts is typically thought of not to be in the general public’s best interest. They generally include:
- Child support and alimony (spousal maintenance) or other domestic court orders
- Most Student Loans
- Money, property, services, or an extension, renewal, or refinancing of credit, to the extent obtained by false pretenses, a false representation, or actual fraud
- Debts owed to a single creditor for luxury goods or services bought within 90 days of filing
- Certain cash advances taken within 70 days of filing
- Personal Injury from drunk/intoxicated driving
- Criminal Fines & Restitution
- Willful and malicious injury to another or to the property of another
- Recent Income Tax debts & certain debts owing to government entities
- Fraud/intentional torts
- Debts (not Child Support or Maintenance) to a spouse, former spouse, or child that was incurred in divorce or separation through a separation agreement, divorce decree or other order of a court
- Debts incurred to pay off non-dischargeable debt
- Unlisted creditors
- Debts owed to certain pension plans
- Debts not discharged in previous bankruptcy because of fraud
The key here, for traffic tickets, is the fact that certain debts owing to government entities cannot be discharged under the Bankruptcy Code.
However, you should speak with an experienced Kansas bankruptcy attorney to determine if any other options are available to you.
Chapter 13:
For example, in a Chapter 13 bankruptcy you may be able to discharge your traffic tickets. The issue shifts from the fact that you owe a debt to a government entity to whether or not the tickets were of a civil or criminal nature. In a Chapter 13 bankruptcy case civil traffic tickets can be discharged.
Have criminal traffic tickets? That’s okay, too. They, like all debt, are still included in your bankruptcy case and may be made a part of your Chapter 13 Plan.
It is a lot to figure out, but you do not have to do it on your own. Our Kansas City Bankruptcy Attorneys always offer free consultations and will fully walk you through your situation and the options available.