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Ask Terry L. Your Own Question

Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2448
Experience:  Better Business Bur 15yrs bankruptcy experience. Chicago Bar
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If I had a Chapter 7 discharge almost 2 years ago and end up

Resolved Question:

If I had a Chapter 7 discharge almost 2 years ago and end up being fined by a government body for something in the next few months (admin fine for not being licensed properly to do business - but it is a sizable fee), do I have any way of discharging that debt? Is it treated like a judgment?
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 1 year ago.

Terry L. :

Hi, thanks for your question. You should hire a lawyer for specific legal advice. No attorney client relationship is created here.

Terry L. :

First of all, it would be too late to include that in the chapter 7, and you won't be available to file chapter 7 again until 8 years from the date of the first case.

Terry L. :

You can file chapter 13, but you won't get a discharge unless you file after 4 years from the chapter 7.

Terry L. :

So, you can file, but you'd have to pay that 100% for it to do any good, so why even file in the first place. You are best to try to negotiate something with the creditor.

Terry L. :

Most governmental debts are not dischargeable either, so you would likely have to pay it back.

Terry L. :

Even if you were eligible.

Terry L. :

Do you have any questions/

Customer:

It'll be a 9.2 million dollar fine.

Customer:

Essentially. Dept of Finance said we weren't licensed properly to accept clients. We fought them for almost a year. They went away. This came out of no where, 15 months later.

Terry L. :

You would need to look at chapter 11 then.

Terry L. :

You might be able to get some assistance there.

Terry L. :

You would be inelligible to file Ch13...too much debt.

Terry L. :

There is a cap, and it's only about $360k for unsecured debts

Customer:

You are saying fines from the government aren't disachargeable?

Terry L. :

You would have to review a chapter 11 case with a local chapter 11 attorney. They would be able to be paid thru that case.

Customer:

ok

Terry L. :

Most governmental fines are excepted from discharge, yes

Customer:

Is there a list I can look at to see what fines are allowed?

Terry L. :

they can be part of a reoganization under ch11 then

Customer:

when you say reorganization, you mean, 'put me on a payment plan'?

Terry L. :

The BK code is Title 11

Terry L. :

Chapter 11 is a reorganization

Terry L. :

it pays debts based on the type and class of debt.

Terry L. :

It has many variables, so it would be best to speak to a local chapter 11 attorney to go that route.

Customer:

ok

Customer:

thanks

Terry L. :

Best of luck to you. Let me know if you have any new questions, feel free to request me.

Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2448
Experience: Better Business Bur 15yrs bankruptcy experience. Chicago Bar
Terry L. and other Bankruptcy Law Specialists are ready to help you
Customer: replied 1 year ago.


IT keeps saying I have to reply to you. I did. So I am just doing this one in case the system is frozen. No need to reply. :)

Expert:  Terry L. replied 1 year ago.
ok, no worries. thanks and good luck!
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2448
Experience: Better Business Bur 15yrs bankruptcy experience. Chicago Bar
Terry L. and other Bankruptcy Law Specialists are ready to help you

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