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Parking Tickets and BK... HELP!!!!

tag
Anonymous
Not applicable

Parking Tickets and BK... HELP!!!!

Hi All - 

 

Let me give you a little background on the situation I find myself in today.

 

Back in 2011, I was in a car accident which left my poor little Jetta needing about $3k worth of repairs. Depsite only being worth about $500 more than that, my insurance company refused to total it out. I didn't have the money to fix it, so I sold it to someone who was going to fix it and resell it. I sent the transfer paperwork to the DMV, etc etc, and never thought of it again.

 

Fast forward to this afternoon, I recieve a letter in the mail from a CA stating I owe the city almost $400 for back parking tickets! Now, I know I get a lot of parking tickets (parking is a you know what here), but I *always* pay them. Confused and angry, I called the CA, only to find out that these are two tickets from 2012, both on the Jetta that I sold in 2011. It seems somehow the DMV didn't process the transfer of ownership. Now, besides the myriad of other questions that I have about how this has happened, I'm stuck trying to prove that I sold the vehicle back in 2011. Despite having every other piece of paper even remotely mentioning my Jetta, I CANNOT find my bill of sale on this car. I have the proof from my insurance company where I removed the Jetta and went to a named non-owner policy, but that's as close as I have to proof that I sold it.

 

If I cannot get the DMV to accept this as proof of non-ownership, can I claim these under my BK7, even though they weren't at a CA at the time? There's NO way I'm going to pay these and I refuse to let them touch my credit history that I'm just trying to rebuild.

 

Thanks!

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1 REPLY 1
jkjklkjkl
Contributor

Re: Parking Tickets and BK... HELP!!!!

A quick Google search:

 

Chapter 7 Bankruptcy

523(a)(7) forbids the discharge of civil penalties or criminal fines. Therefore, in a Chapter 7 bankruptcy government fines aren’t wiped out.

 

Chapter 13 Bankruptcy

Ahhh … Good News! (Maybe).

Bankruptcy Code 1328(a)(3) allow a Chapter 13 debtor to discharge non-criminal government fines if he completes all the court approved plan payments.

What is included in these “civil penalties” or “civil infractions”? This can be minor offenses such as speeding, failing to stop at a stop sign, or parking tickets. These claims are places with the rest of the unsecured creditors in a Chapter 13 plan. They are paid over the next 3 to 5 years from what is affordable to the debtor. Whatever isn’t paid through the 3 to 5 years plan is discharged at the end.

Message 2 of 2
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