Trying to help my friend out!!!

[jwillvin]

I'm trying to help my friend do some research and I have question about BK.

A few years ago he did not show up for court dealing with a traffic accident that he was in. He did not have insurance either when he had the accident. I checked his drivers' license status a few months back and it was "suspended indefinitely" because of his failure to appear. He has a judgement of $29,000 against him.

My question is if he files a BK can he include the judgement in it. Also how long would it take before he would be able to get his license reinstated? He lives in Ohio.

Thanks!

[ReVeLaTeD]

I don't know if Ohio has state-specific laws relative to this, so I can only speak in general. Also, he really should speak to a lawyer about any BK-specific decisions.

Generally speaking, unpaid judgments/liens cannot be discharged in any bankruptcy. Even if you filed Ch. 13, the state will not file a claim, and it will be listed as "Special Unsecured". Often, these types of debts will need to be repaid at the conclusion of the bankruptcy. He's going to have to make good on the judgment, and then see if the state will give him some kind of consideration. Usually the states have a period of time, 3 or so years, that the suspension really lasts, otherwise they would have revoked it completely. If that's his only reason for considering BK, it'll be a waste of time.