License Suspension and Bankruptcy

Having your driver’s license suspended is a major inconvenience that can cause problems with your work, personal, and financial life.  If you cannot pay your driver’s license reinstatement fees, you may not be able to pay many of your other bills. And if you can’t drive, you may not be able to get to work, which means you can’t earn the money to pay those bills, including the expensive license reinstatement fee to the Ohio Bureau of Motor Vehicles (BMV).

Fortunately, there’s some good news — help is available to get you past this crisis and provide the fresh start you need. In Ohio, if you file for bankruptcy, Ohio Driver’s License reinstatement fees are among the debts that can be discharged so you don’t have to pay them.  Bankruptcy, a legal way to have many debts forgiven, can give you a fresh start and put you on the road to financial recovery.

If you’re a good candidate for bankruptcy, filing can keep creditors from harassing you and seizing your possessions, allow debts to be forgiven, and provide a way for you to keep your assets and begin to rebuild your life.

The skilled and seasoned Ohio bankruptcy attorneys at Fesenmyer Cousino Weinzimmer understand that financial problems can happen to even the most well-intentioned people.  We offer a free consultation to evaluate your financial situation.  We can help by looking at your income, your debts and your goals and coming up with a debt-relief plan that’s best for you.

Ohio License Suspension

In Ohio, many different driving and traffic offenses result in a driver’s license suspension.
Among the most common are:

  • Driving under the influence of alcohol or drugs
  • Refusal to take a breath or urine test
  • Excessive number of moving violations
  • Driving while license is suspended
  • Driving without insurance
  • Being found physically or psychologically unable to drive safely
  • Non-driving related offenses, such as bringing a weapon onto school property, failing topay traffic tickets, fines or surcharges, and not paying child support

WHAT TO DO IF YOUR OHIO DRIVER’S LICENSE IS SUSPENDED

If your license has been suspended due to judgments from lawsuits involving damage or personal injury from a motor vehicle, you have to produce one of the following to reinstate your license:

  • A payment agreement or release from the claimant
  • A journal entry from court
  • A petition or discharge in bankruptcy
  • A certificate of insurance (SR-22/bond)

If your suspension is due to being uninsured and causing a crash with more than $400 in property damage and/or a personal injury claim as indicated on a Crash Report (form BMV 3303), you have to do one of the following to reinstate your license:.

  • Serve suspension of up to two years
  • Submit a payment agreement or release signed by all parties for the damages
  • File a deposit for the damages with the Ohio Bureau of Motor Vehicles (BMV) or provide a petition for discharge in bankruptcy with a schedule of creditors listing the accident claim

Filing for Bankruptcy

Fortunately, most driver’s license reinstatement fees are dischargeable in bankruptcy, and you will be able to get your license reinstated.

According to Section 4510.10 of the Ohio Revised Code, if you have successfully commenced the Chapter 13 or Chapter 7 consumer bankruptcy process, you can regain driving privileges by presenting the BMV with a filed and court-stamped Petition or Discharge in Bankruptcy, and a copy of your Schedule of Debts that that were included in the bankruptcy.

A Chapter 7 bankruptcy has the power to discharge (eliminate) most or all consumer and/or business debts so they no longer have to be paid.  If you cannot qualify for Chapter 7, you may still be able to file for a Chapter 13 bankruptcy, where you can repay some or all of your debt affordably over a three- to five-year period.

To have your license reinstated, send your bankruptcy paperwork to Ohio Bureau of Motor Vehicles, Attn: Compliance Unit, P.O. Box 16583, Columbus, Ohio 43216-6583, or appear in person at any Reinstatement Center.

While most debts are discharged in bankruptcy there are some debts that are deemed nondischargeable under the Bankruptcy Code.  See this page to learn what is and isn’t dischargeable.  Debts for death or personal injury caused by operating a vehicle while intoxicated are not discharged.

Contact Us For Help

If you are considering filing for bankruptcy, don’t do it alone. An experienced bankruptcy attorney can counsel you as to your best options and help you file for bankruptcy protection.

The experienced and compassionate Ohio debt-relief lawyers at Fesenmyer Cousino Weinzimmer are dedicated to helping you through the maze of personal bankruptcy so you can have your license reinstated and get on the road to obtaining financial freedom.  We offer a free initial consultation during which we will evaluate your entire financial situation by looking at your income, your debts and your goals.  We will make sure you are aware of all your options and help you decide on the path to a brighter future that makes sense in your individual case.  We understand what you are going through and will walk you through the process.

Delaying can only worsen your situation, so call the Ohio bankruptcy attorneys at Fesenmyer Cousino Weinzimmer today!  Call one of our conveniently located office branches at 614-228-4435 (Columbus), 937-222-7472 (Dayton), or 877-654-5297 (Cincinnati) or email for your free consultation so we can determine what debt relief solutions will work best for you.

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