A little weird!!!

[apie1]

What is the name of your state? IL

First of all I just wanted to say thanks to ladynred, bigun and whos liable. My cousins bankrupcty went well and your answers helped. You guys are assets to these forums. Hope you guys don't go away!!! On to my question for a dear friend...

I am truly sorry for the long post. My friend was involved in a uninsured accident back in June. My friend (the moron) did not have the insurance on the vehicle and he was found at fault. He had made a deal with the insurance company to pay back the damages but unfortunately ended up be diganosed with cancer the month after. Since than his medical bills went through the roof and had to file bankrupcty in august before the laws changed. Well he went to court for the tickets he was issued and luckly he ended up with supervision for the accident. (Very lucky. Usually in IL your suspended for having and uninsured accident). Anyways, in his bankruptcy he included the damages from the accident, the people that were involved in the accident and sent included the secretary of state due to suspension of registration as well as he included the vehicle that he was driving due to he still owed payments on the vehicle. He recieved a two page letter in the mail yesterday from IDOT (Illinois Department Of Transportation) stating that they needed information from the accident. Well I read the questions and they are the same exact questions they would ask on a accident report. He told me though that he had already send the accident report in the mail so he would not know why they would need those answers to those questions again. Like I said, its not a acutal accident report but set up as question number 1, 2, so forth and so on. It states in the letter that regardless who was at fault for the accident they needed the following information from him. Bear in mind that the deadline has passed for creditors to object to the discharge and also his order for a discharge request was filed. The letter stated that there office recieved correspondence regarding a crash that in which you were involved, whatever that means...The letter states that he has 15 days from the date listed on the letter before they submit his name to the secretary of state for possible suspension of your driving and registraton prviliges. My questions are...

1.) Does something like this effect his bankruptcy? As I stated above he included everybody involved in this accident including the secretary of state.

2.) He already sent the accident report in but the letter seems as if they are saying they never recieved it. If so, do you think he should fill it out?

3.) The secretary of state sent him a suspension of registration due to the accident but that was included in the bankruptcy? Couldn't that mean that the office did recieve the accident report and thats why he recieved the suspension of registration? The vehicle that had the suspension of registration was included in the bankruptcy.

It seems that the office never recieved the accident report. that what is sounds like to me. My friend has been concerned with the letter and his lawyer is out of town for the next 5 days. I think he just wants some peace of mind with this. Hes going through enough through radiation so I dont want him thinking that the bankrupcty is going to be effected by this. I stated to him that your protected by the bankruptcy law and that as long as you listed everyone involved in this situation as well as everything else, your alright. Even if the accident report wasn't sent in, the accident reports in IL state that if you do not send it in within 10 days of the accident, it will be assumed that you didnt have insurance, so in a sense what is the difference? Sorry for the long report here. I just beleive he wants to know if the bankruptcy is going to be effected. In another post by whos liable on a different topic, everyone invloved had there chance before the deadline and they didnt act on it! Any answers would be appreciated. Again, I am truly sorry that it is long...

(p.s.) this was not a alcohol related accident.
(p.s.) he just checked his pacer account and the debt was discharged as of the 18th of this month.

 

[Ladynred]

Actually, I don't think the bankruptcy law protects him in this instance. The State isn't trying to collect money from him, they are suspending his license for driving uninsured which, obviously, is a violation of law. They have every right to suspend his license and that action is not stayed by the bankruptcy or his discharge -- which I would think is over by now if he filed in August.

1.) Does something like this effect his bankruptcy? As I stated above he included everybody involved in this accident including the secretary of state.

Why would it ? Isn't he discharged by now ? Including the Secretary of State would only be significant if they were trying to collect money from him and even if they were it would be a fine levied by the state for driving uninsured - a fine which would probably NOT be dischargable anyway.

2.) He already sent the accident report in but the letter seems as if they are saying they never recieved it. If so, do you think he should fill it out?

He'd better. Regardless of what they may or may not have gotten, its best to just DO it. Has he even tried to CALL them to find out WHY they want this ?

3.) The secretary of state sent him a suspension of registration due to the accident but that was included in the bankruptcy? Couldn't that mean that the office did recieve the accident report and thats why he recieved the suspension of registration? The vehicle that had the suspension of registration was included in the bankruptcy.

The vehicle and its inclusion in the bankruptcy has nothing to do with it, the state didn't own the vehicle, didn't have a lien on it. There is NOTHING to stop the state from suspending his license - he broke the law, he has to suffer the consequences.

His bankruptcy should be OVER, discharged. Nothing like this would affect it anyway.

 

[apie1]

But this is what it states in cyberdrive illinois (also known as secretarty of state)....



The Safety Responsibility Law offers several ways to return one's license or registration to good standing. However, if the uninsured motorist and/or vehicle owner does not meet one of the following methods of compliance before the suspension goes into effect, he/she will be required to carry the SR-22 insurance policy for a period of three years. All Safety Responsibility suspensions will require a $70 reinstatement fee.




The motorist will remain suspended until one of the methods of compliance set forth in the Safety Responsibility Law is met. In addition, the motorist must establish proof of financial responsibility, through a SR-22 insurance policy. The SR-22 must be maintained for a period of three years (except in cases of evidence of non-liability, or IDOT rescinding).

Bankruptcy
Documentation from the U.S. Bankruptcy Court will release the uninsured motorist from liability as well as clear the suspension (Note: Bankruptcy cannot be accepted in alcohol-related cases, per the U.S. Bankruptcy Code 11 USC 523, item 9).(Authority: 625 ILCS 5/7-211.3)


his bankruptcy was filed prior to the suspension of registration. Does it still seem that he is not in the clear?

 

[Ladynred]

Thanks for posting the statute. In that case then, he can get the suspension lifted. All he has to do is send a copy of his discharge papers to the state offices, and may have to include the creditor matrix. Just call them, they'll tell him what to send.

 

[apie1]

thanks ladynred. sorry, i should have posted that statue orginially with the first part of the posting

 

[apie1]

To Be Sure...

Ladynred or another member...

My friend recieved his discharge paper as of today. (Sorry, a little off in when he filed. it was in september not august.) This is probably a dumb question, but is there suppose to be only one page and a total of two to three sentences long?

It says:

It is ordered:

The debtor is granted a discharge under such and such section of the united states code, (bankruptcy code)

shows the date and the clerk's name with important information in the back of the paper. His pacer account shows that he is discharged just not yet closed but i under stand that can take up to ten days for the trustee to close it out. I apologize, i haven't seen the paper yet, I just thought there was more to the paper, then again why add unecessary information . Please reply? Also, you were right ladynred, the lawyer as well as the idot member he talked to asked for a copy of the discharge order...

 

[Ladynred]

What else are you expecting it to say ??? The discharged debts aren't listed, its assumed that everything that was on his matrix that was dischargeable is discharged.

 

[Who's Liable?]

Ladynred or another member...

My friend recieved his discharge paper as of today. (Sorry, a little off in when he filed. it was in september not august.) This is probably a dumb question, but is there suppose to be only one page and a total of two to three sentences long?

It says:

It is ordered:

The debtor is granted a discharge under such and such section of the united states code, (bankruptcy code)

shows the date and the clerk's name with important information in the back of the paper. His pacer account shows that he is discharged just not yet closed but i under stand that can take up to ten days for the trustee to close it out. I apologize, i haven't seen the paper yet, I just thought there was more to the paper, then again why add unecessary information . Please reply? Also, you were right ladynred, the lawyer as well as the idot member he talked to asked for a copy of the discharge order...

That is ALL it will say... As Lady stated, there isn't anything else important other than all debts listed in the matrix was discharged... If they were to list ALL the debts as discharged, the notice you would get would be pages long...

The important part is to NOT lose that discharge paper!