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Texas Atty
Texas Atty, Attorney
Category: Bankruptcy Law
Satisfied Customers: 32359
Experience:  JD
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I had a DUI accident in a rental car a while back and I am

Customer Question

I had a DUI accident in a rental car a while back and I am now being sued for property damage as a result of the accident (there was no restitution required in the criminal case, now any personal injury in the accident).
My understanding is that if the insurance company gets a judgement against me for damages, I may lose my California driver licence until the judgement is satisfied. My question is this: What if I file for Chapter 13 bankruptcy? Do I run the risk of being without a licence for the duration of the Chapter 13 bankruptcy (most likely 5 years) until the unsecured debt is dismissed?
Submitted: 9 months ago.
Category: Bankruptcy Law
Expert:  Texas Atty replied 9 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

As a general rule, once the judgment is dismissed under the bankruptcy laws then you can get your license back. However, you can't get it back until the judgment is dismissed so the answer is yes, you would run the risk of being without a license for the duration.

There may be a way to get this particular judgment dismissed quicker or you may be able to consider a Chapter 7. You would want to discuss this specific issue with the lawyer.