Helping 20 Million Americans a Year for 20 Years. FREE!
Find the Right Lawyer for Your Legal Issue!

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential

Call us today for a free consultation (855) 466-5776

Can the state deny a license or permit because of bankruptcy?

UPDATED: June 19, 2018

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident law decisions. Finding trusted and reliable legal advice should be easy. This doesn't influence our content. Our opinions are our own.

The state generally cannot suspend a license because a person filed for bankruptcy. It is illegal for a governmental unit to deny, revoke, suspend, or refused to renew a license, permit, charter, franchise, or other similar grant to someone solely by reason of his or her having been a debtor, having been insolvent prior to discharge, or having failed to pay a dischargeable debt.

If a license was suspended prior to filing for bankruptcy, however, the state entity may or may not be required to reinstate the license until the individual has obtained a successful discharge. Some states do have procedures to reinstatement a license during bankruptcy. An attorney will be able to offer advice about provisions and exceptions are available in a specific jurisdiction. 

Also keep in mind that the protection offered through bankruptcy only protects bankruptcy related actions. For example, the state is seeking to suspend a license because a person failed to pay on a judgment rendered against them in a car wreck case. The individual can then file for bankruptcy.

The state cannot suspend a license as part of the collection activity. Alternatively, if the person is arrested for driving while intoxicated and they refuse to provide a breath sample, many states will automatically suspend the driver’s license. Even if the person has filed for bankruptcy, the suspension is permissible because it’s related to the criminal charge, not the bankruptcy filing. 

 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential

Call us today for a free consultation (855) 466-5776