Can I get my license back without release form if I file bankruptcy?
I had a dui 4 years ago. I hit someone, they sued, I can’t pay them because I’m broke. Will filing bankruptcy help me?
Posted February 14th, 2010 in Bankruptcy Q And A. Tagged: filing bankruptcy.
Bankruptcy won’t get you license back and i’m sure you can’t drop what you owe the other driver either.
February 14th, 2010 at 5:05 amNo.
Richard
February 14th, 2010 at 5:05 amIts going to depend on where you reside, the laws are different by state and province.
In Ontario, if you were to file a bankruptcy, there are section 178 debts that you CANNOT discharge, the one closest in relation to this would be 178(1)(a)/(a.1) as follows:
178. (1) An order of discharge does not release the bankrupt from
(a) any fine, penalty, restitution order or other order similar in nature to a fine, penalty or restitution order, imposed by a court in respect of an offence, or any debt arising out of a recognizance or bail;
(a.1) any award of damages by a court in civil proceedings in respect of
(i) bodily harm intentionally inflicted, or sexual assault, or
(ii) wrongful death resulting therefrom;
So it would depend on how the court ruled it, there is a good possibility that it would be lifted and your debt would be discharged along with your bankruptcy, however you would want to consult a Trustee or Bankruptcy Lawyer to further examine what your local laws are regarding this matter.
Most Trustee’s in Ontario offer a free consultation
February 14th, 2010 at 5:05 am