Legal Question in Bankruptcy in Illinois

Can you bankrupt toll fines if they went to a collection company? And can you bankrupt a fine from the courts a judgement that was awarded during a case?


Asked on 4/23/12, 9:01 am

1 Answer from Attorneys

Henry Repay Law Offices of Henry Repay

The toll fines are not likely to be discharged. I have been informed by others that if you call the tollway instead of the collection agency, they may settle for the amount of the tolls, which is usually a small part of the account.

Regarding the court case, you are using the term fines and the term judgment. If it is a fine, like a traffic fine, it may not be discharged. If it is a civil judgment, like someone sued you, then it is discharged unless an exception applies (such as fraud), but the lien on any real estate may need to be separately addressed and may not be avoidable if you have equity in your property.

The scope of this space does not afford an opportunity to assess the situation and advise you. I recommend you assemble for legal consultation: (1) your income information for November 2011 through the present, including wages and unemployment during that period; (2) all your bills (copies neatly assembled, back pages included); (3) last four years� tax returns; (4) a credit report (use www.annualcreditreport.com to obtain free report if not requested in last year); and (5) other information that may apply, such as copies of lawsuits. Call at your earliest convenience to afford the most opportunity in which to be advised about your best course. You are not required to use an attorney in your area.

I do not recommend filing bankruptcy on your own. There are too many complex issues. I have seen several posts on this site for debtors who filed on their own and are seeking counsel concerning complications. Most of them will have a hard time finding an attorney to get involved to unwind the mess without the attorney charging several times what would originally have been paid.

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Answered on 4/23/12, 9:33 am


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