Tickets and Warrants

[ndbigler]

We had our 341 on 7/5, and then we turned in some more debts to be added to our BK. We added things like a hernia surgery, and some other debts that had popped up after we'd already filed from years before. Here's the question- my husband has 4 tickets. (Irresponsible, yes). One in NV, NM, AZ and ID. They all probably total about 2,000.00. Yes our lawyer told us that we can't add those to the BK, since its a legal matter or something like that. Except for this- The ticket in AZ went to collections. And the tickets in NM and NV have issued warrants for his arrest. And his liscense has been suspended. Does anyone know if since this has happened, the collection and warrants, if we can add them to the BK now? And yes this all happened before we filed. Any suggestions or help would be greatly appreciated. Thanks guys!

PS- if we can't add them to the BK, would it be stupid to go to a bank and get a small loan for probably 2K and pay then tickets and then pay back the bank? What are our chances of getting a loan after we've gone bankrupt? Thanks.

[HHM]

Nope, your still out of luck; the fact that the tickets have gone to warrant or a collection agency does not change the nature of the debt.

I doubt you could even get a loan, (you are in bankruptcy afterall). But you need to wait until you are discharged from you BK before you can seek out new credit.

[originalhealer]

I would add the tickets anyway and let the Trustee be the one to tell you that they can't be discharged.

[hhou812hh]

I'm not familiar with this situation, but could you possibly negotiate and pay them back in time? Even the IRS allows that and we all know their reputation.

Good luck!

[HHM]

I would add the tickets anyway and let the Trustee be the one to tell you that they can't be discharged.

Actually, that's not the job of the trustee.

Look at 11 U.S.C. 523(19)

[originalhealer]

According to the "Tactical Bankrupty Manual" that I got off this forum, it states "A bankruptcy can also allow you to get your license back if you lost it due to unpaid accident damages. You can fax a copy of the filing to the driver's license department and get your license the same day you file your bankruptcy. You should never fail to list a debt ..the person will often fail to object on time and it will be discharged anyway." Page 16

[HHM]

According to the "Tactical Bankrupty Manual" that I got off this forum, it states "A bankruptcy can also allow you to get your license back if you lost it due to unpaid accident damages. You can fax a copy of the filing to the driver's license department and get your license the same day you file your bankruptcy. You should never fail to list a debt ..the person will often fail to object on time and it will be discharged anyway." Page 16

True, but we are dealing with traffic tickets (debt owed to state), not an accident (debt owed to individual). Yes, you should probably list the debts, but realize, that even if you do, no one has to do anything to determine that the debts are non-discharable, and now you have let everyone know (i.e. the states with warrants) where you are.

No one has to file an objection to discharge if the debts are considered non-dischargeable under 11 USC 523.

[ndbigler]

We went ahead and added the tickets to the BK, but we have yet to hear from our lawyer. I called awhile ago, and they said that they havne't even gone thru the paperwork yet. (that we had sent in regarding the add-ons to our BK). We COULD negotiate like hhou812 suggested, and make payments, but I can almost gauarntee that its not gonna be a good negotiation. They'll want some huge payment, like half, and THEN we can work things out. I'm terrified, and its not even ME they're after. We can afford like MAYBE 50 bucks a month. We're so poor!

[ndbigler]

Nope, your still out of luck; the fact that the tickets have gone to warrant or a collection agency does not change the nature of the debt.

I doubt you could even get a loan, (you are in bankruptcy afterall). But you need to wait until you are discharged from you BK before you can seek out new credit.

And yes I would wait until after we're discharged to try a loan. We'd just have to deal with him having no liscense and me driving around everywhere. It's getting old.

[Lightning]

Even if you manage to discharge the ticket amounts, your husband can't discharge the responsibility. He may still lose his driver's license for whatever driving offenses he committed in four different states.

[ndbigler]

Even if you manage to discharge the ticket amounts, your husband can't discharge the responsibility. He may still lose his driver's license for whatever driving offenses he committed in four different states.

That is very true. And I don't defend him in any way at all. I'm pretty upset with him for even allowing it to get this far. It was speeding with no insurance. And the one in ID was for reckless driving. If I were the next cop to pull him over, I'd put him in jail. But I love him anyway.