Philadelphia, PA asked in Bankruptcy for Kentucky

Q: How long before you can get your license reinstated following filing bankruptcy on a criminal lawsuit because of car acc

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3 Lawyer Answers
Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY
  • Licensed in Kentucky

A: You can have your license reinstated once the discharge is entered.

Kevin M Rogers
Kevin M Rogers
Answered
  • Bankruptcy Lawyer
  • Boise, ID

A: Bankruptcy has nothing to do with your DL being suspended. If you were convicted of Reckless Driving or DUI in KY, you'd need permission from the court or the Department of Transportation before you could get a restricted DL and probably pay a reinstatement fee first. If you are sued and a judgment taken against you because of the accident then you would have to make arrangements to pay this (or bankrupt it) before you could get a DL. The bankruptcy could possibly wipe out the debt you'd have for the accident, BUT ONLY IF you were not driving Recklessly or with alcohol or drugs in your system, as these types of obligations are not dischargeable in bankruptcy as they are considered "intentional."

John Robinson
John Robinson
PREMIUM
Answered
  • Bankruptcy Lawyer
  • Shelbyville, KY
  • Licensed in Kentucky

A: Bankruptcy is not going to help with a suspension stemming from a criminal charge. However, it's possible your license is (or was) suspended in both a criminal and civil case arising from the same circumstance. For example, if you were involved in an accident and did not have insurance, your license may have been suspended for a certain period of time in a criminal proceeding. At the same time, you may have been sued in a civil action for property damage or bodily injuries. In the event your license is suspended in a civil action due to a failure to maintain insurance, a bankruptcy filing would immediately terminate a suspension attributable to a civil action. I have contact information for the individual at the KY Dept. of Transportation that is responsible for "lifting" suspensions at the time a BK is filed.

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