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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 91039
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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We live in the state of MD. About a year or so ago, MD started

Customer Question

We live in the state of MD. About a year or so ago, MD started withholding professional licenses and drivers licenses if you owed state debts such as past due income tax and/or restitution. My brother owes back taxes and restitution and as a result they will not renew his license when it expires at the end of the month. He is financially unable (unemployed and receiving $200 weekly) to put a lump sum payment down and make monthly payments in order to get them to allow him to get a new license. Since these are technically collection activities which must stop once the BK is filed will filing BK allow him to get his license even if the debts are non discharge able?
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

In general, bankruptcy cannot extinguish state debts, such as delinquent taxes or fees. Thus, by filing bankruptcy it would not extinguish his back taxes or his restitution I am sorry to say, so he would still have to end up paying those. The bankruptcy could extinguish his other unsecured debts to free up more money for him to pay off the taxes and restitution though and it depends on his other debt situation whether or not that would work for him.




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Customer: replied 1 year ago.

The expectation is not that those debts will be discharged. I know from having filed BK years ago that ALL collection activity must stop once the BK is filed. We understand that he will still be responsible for any debt not discharged. The question was since all collection activity must stop from the time BK is filed until the time discharge occurs will this allow him to renew his license during the period where the BK proceedings are open/active?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

Suspension or refusal to renew licenses though is not seen as an active collection activity and also because they can get a relief from automatic stay because it is a debt not able to be discharged in bankruptcy it is not going to allow him to renew his licenses I am afraid.
Customer: replied 1 year ago.

Gotcha...is there ever a way to get state taxes discharged? These are like 10 years old and the restitution is even older.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

The only way generally is to negotiate with the state or the court that issued the order to seek to do some form of payoff deal with them. Remember the government always gets their money because they are the government (they are the sovereign or king in constitutional terms and they get to make the rules of the game).
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 91039
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 11 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Thanks

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you.

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