There are a lot of things you need to consider when you\’re in dire financial straits and on the verge of having to declare bankruptcy, so why would anyone be concerned about whether or not filing for bankruptcy would help reinstate your suspended driving license?
The most common reasons for a driving license being suspended are that you have outstanding debts such as child support, or other court fines, and this eventually left the courts with no choice but to suspend your license to make you pay attention to your personal debts and pay back the motor vehicle the money which are due and owing.
Now the dilemma here is that your driving license was suspended for non-payment of specific debts, but then if you can\’t drive to and from work how are you supposed to earn enough money to pay your debts in the first place?
You could, of course, be living right beside your place of employment, but if you\’ve found yourself in a position where your license is about to be suspended then you\’re probably working more than one job in the hope of staving off foreclosure, a wage garnishment, or a tax liens on your property.
So the real reason why people are concerned about whether or not declaring bankruptcy will reinstate their driving license or not is because without their car they simply won\’t be able to work. The good news is that filing bankruptcy can, in most cases, help you get your drivers license back, but not in every single situation.
If your license has been suspended for non-payment of motor vehicle surcharges, there\’s a very strong possibility that filing for Chapter 7 bankruptcy will help here. The reason for this is that when you\’re filing for Chapter 7 you\’re having most of your personal debts discharged, which then erases almost all existing reasons for having your license suspended in the first place.
If, however, your license has been suspended for a DUI offense, or that you caused a physical injury to another motorist or pedestrian while in control of your car, then there\’s very little chance of these being discharged as part of your bankruptcy filing because they\’re in the felony region of crimes, as opposed to just being a misdemeanor.
Most courts realize that without a driving license you won\’t be able to work to earn enough money to contribute towards your debt, but that doesn\’t give you a blank check to drive like a maniac e.g. drunk driving being a perfect example. So as long as you drive responsibly, and within the limits of the law, you should have absolutely no further issues with your license being suspended.
An experienced bankruptcy lawyer can help you get your driving license back as part of your bankruptcy filing, although you will need proof of your filing for bankruptcy to present to the DMV to have your license reinstated successfully when all is said and done.