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is this lawyer lying to my mom about her bankruptcy?

this is the situation…i received toll violations that equal 470 dollars from the state of Illinois and the violations were under mine and my moms name because she owns my car. she is filing bankruptcy and my mom’s bankruptcy lawyer told me not to pay the violations because he will include them in the bankruptcy.

i thought it was against the law to put fines from the state in a bankruptcy. is that correct or incorrect?


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6 Responses to "is this lawyer lying to my mom about her bankruptcy?"

  1. normobrian says:
    You are correct. Bankruptcies have no effect on judgments, garnishments, fines, or penalties imposed by a gov’t body. BK’s are for creditors; the State is not a creditor.
  2. Wintergirl says:
    Any government (like court) fines, taxes, or student loans are NOT bankruptable, so even though your mom filed bankruptcy, she’ll still have to pay it. I don’t know understand why her lawyer didn’t know that…

    How the heck did you get toll violations???

  3. Daniel E says:
    Ask the lawyer. Really, he went to school for this. He has a degree and license to do this type of thing. It’s probably not his first bankruptcy. He’s the expert. Maybe Illinois has a provision that allows it. Maybe the toll violation is governed by a private agency and not privy to the government protection from bankruptcy. Who knows.

    Besides, what’s the worst that can happen? The judge or bankruptcy trustee says, “Nope, thats wrong, you still need to pay this.” and they draw a line through it on the draft, have it re-typed or re-printed, and you pay the fine.

    Just ask him about it and make sure that if he assures you it’s fine, and he is wrong, that he won’t charge you extra to fix the paperwork.

  4. SoCal Attorney says:
    Section 523(a)(7) disallows charges of criminal finds “to the extent such debt is for a fine, penalty, or forfeiture payable to and for the benefit of a governmental unit, and is not compensation for actual pecuniary loss…”

    Illinois is in the Seventh Circuit. A plain reading of the statute would seem to indicate that your mother’s attorney is incorrect. I would have her asking him about this statute and to provide any Seventh Circuit case law that would take toll violations outside the scope fo the Code Section cited above.

  5. cyanne2ak says:
    Yes, he can do that! It is NOT a fine, it is a toll charge. If there is an ADDITIONAL fine for not paying the charges, that additional fine will not be cleared in bankruptcy.
  6. Lesley says:
    You have to list ALL debts even if the debt is not dischargeable. However, I am pretty sure toll violations are dischargeable. Parking tickets in Illinois are Dischargeable and Toll violations are similar as far as enforcement (ie, it’s revenue rather than a criminal violation) so that makes them dischargeable.

    HOWEVER, if you personally are liable for the debts and are not the one filing, you still have to pay. You are not discharged from liability whether or not your mom is.

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