Monday, May 25, 2015

Effect of Bankruptcy on Drivers’ License Suspension in Ohio

I recently went through Chapter 7 bankruptcy and my Bureau of Motor Vehicle fees were discharged as a debt. Can I get my license back? 

For Ohio drivers, nothing can be more frustrating than losing your license for failure to pay fines, penalties and fees to the Bureau of Motor Vehicles (BMV). One the one hand, you’d love to get to work to pay back what you owe. On the other, your loss of driving privileges prevents you from getting to work on time – if at all! 

However, for those who have opted to pursue Chapter 7 or Chapter 13 consumer bankruptcy, there may be a remedy to this discouraging situation. For more information about the positive effects of consumer bankruptcy, including regaining balance and control of your life, be sure to contact an experienced Miami Valley bankruptcy law attorney right away. 

Discharging suspension fees following bankruptcy

The BMV may impose a license suspension for any number of reasons, from dropping out of school to committing a DUI. Each category of suspension carries hefty fines and penalties, and this can create an impenetrable hindrance for many Ohio workers. 

However, Section 4510.10 of the Ohio Revised Code affords Ohioans a number of options in repaying their fines, getting back on the road, and resuming employment or education as quickly as possible. Under Section 4510.10(H), a bankruptcy petitioner having successfully commenced the Chapter 13 or Chapter 7 consumer bankruptcy process may regain access to driving privileges by presenting the BMV with a filed and court-stamped Petition or Discharge in Bankruptcy, as well as a copy of the Schedule of Debts indicating the debts that were included in the bankruptcy. Under the law, the BMV is thereafter required to reinstate driving privileges and reissue the petitioner’s driver’s license, provided there are no additional underlying debts or issues that may prevent reinstatement (e.g., outstanding child support). 

Petitioners seeking reinstatement following bankruptcy should direct their 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. 

If you are considering bankruptcy or would like to learn more about the process, please contact the law firm of Cox, Keller & Lusardi today by calling (937)262-4789 today. 

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