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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Traffic Law
Satisfied Customers: 118688
Experience:  Attorney with over 24 years of law and traffic law
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Customer Question

HIGH PRIORITY

Is someone going to get back to me and when?

I have outstanding parking tickets and a suspended registration and have filed a Chapter 13 bankruptcy. The tickets and the registration will be paid off through the Trustee from my monthly payments. How ever I also now have an expired CA Driver's License which I was afraid I would not be able to renew because of the mentioned outstanding issues. How do I go about renewing my license in the best and fastest way possible? Candace Lavin

Submitted: 1 year ago.
Category: Traffic Law
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 for educational purposes only.

Unfortunately, you have an issue. If the parking ticket bureau has already notified the DMV that there are outstanding fines and put a hold on your license, there is absolutely no way to renew your license without paying the citations. You can seek to include the citations into the bankruptcy, but they would have to be paid before the parking violations bureau will agree to release the DMV hold.

So, I am sorry to say, that the only possible way to renew your license, IF they even put a hold on it (which you have to go to DMV and check on first, because they may not have filed for the license hold and you could get your license renewed now without any issues), is that you must pay the fines and get the release from the parking bureau.

Customer: replied 1 year ago.
Relist: Inaccurate answer.
I should not be charged for the answer givenbecause 3 critical points were overlooked by the expert.
1. Tickets are parking tickets
2. I live in Los Angeles, CA
3. I am filing a Chapter 13 which repays the tickets in full.
Customer: replied 1 year ago.
Red this article also from an attorney and support what my attorney told me.
http://www.westcoastbk.com/blog/2011/09/how-can-filing-for-bankruptcy-help-release-my-dmv-license-suspension/
Candace Lavin
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

As I said above, what we see is if you included them in the CH 13, the DMV "may" release your license if a payment plan is established and is being paid as agreed. "May" under the law is different than "shall" and that means it is up to DMV. Many times DMV will not agree to issue the release even in a CH 13, unless the payment plan would pay the debt off in a short period of time (6-12 months), but if it would go longer, then many times they will say they will not release the license until there is only less than 12 months left to pay.

Customer: replied 1 year ago.

In a Chapter 13 any debt owed to the FTB, who handle this for the DMV, IS priority and is paid first before other creditors.

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

Thank you for your reply.

Yes, the debt is priority, but it still not going to help get the license immediately released you will still have to wait, get the plan set up and approved and make payments on the plan for the DMV to release the license. it is not going to be immediate