Legal Question in Bankruptcy in Virginia

Bankruptcy, is a judgement suspending my D.L. dischargable

A judgement for $11,000 was awarded to an insurance company for a car accident I had several years. Somehow they managed to attach the judgement to my drivers license, and suspended it until the judgement is satisfied. Question, will bankruptcy discharge this judgment and allow me to get my D.L. back? If not, what other options do I have if any. I need my license back in order to work. I have a class A CDL. Thanks for your help.


Asked on 10/14/98, 1:28 pm

2 Answers from Attorneys
Olivier Long Law Office of Olivier Denier Long

Re: Bankruptcy, Is a judgement dischargable?

It depends. Ordinary negligence is generally dischargeable in bankruptcy, while gross negligence is not.

Olivier Long

Law Offices of Olivier Denier Long

10500 Sager Avenue, #B


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Answered on 12/29/98, 8:17 am
Daniel Press Chung & Press, P.C.

Re: Bankruptcy/license suspension

Chapter 7 Bankruptcy will discharge personal liability on any judgment for a traffic accident UNLESS it was intentional or malicious, or unless you were driving under the influence of alcohol or drugs (and then only to the extent the judgment is for personal injuries and not just property damage).

Upon filing bankruptcy, the U.S. Supreme Court has held that the State cannot withhold drivers licenses as a result of dischargeable debts. Upon filing bankruptcy, the Va. DMV will reinstate your license.

This doesn't affect the license issue, but note that the discharge covers only personal liability. To the extent that the judgment is a lien on any property of yours, the lien may survive bankruptcy (although it may be avoidable).

We maintain an extensive bankruptcy practice throughout most of the Commonwealth of Va. Please let me know if you have further questions.

Daniel Press

Chung & Press, P.C.

6723 Whittier Ave., Suite 302


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Answered on 12/29/98, 10:01 pm


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