Toll Roads fines - Dischargeable?
I haven't researched it, but I'm pretty sure that would be
considered a fine, which is nondischargeable in a Chapter 7. Debtor
could have eliminated in a Chapter 13.
On 5/15/2017 11:43 AM, 'Thomas Tedesco' ttedesco@pacbell.net
[cdcbaa] wrote:
>
>
> Hello Group
>
> A married, Chapter 7 debtor filed BK and received discharge. She
> scheduled an unpaid toll road violation/claim that she incurred on
> her community property toll road account. The debt was scheduled
> / the creditor was noticed. Thereafter, the toll road people
> (Orange County Transit Authority) filed and took a default
> judgment against the non-filing husband. The approximate amount
> of the judgment is $33,000.00, which consists of unpaid tolls of
> $275.95 and *_$32,405 in penalties_*!
>
> My questions. Has the debt been discharged (or is it deemed a
> non-dischargeable gov’t fine)? As to the non-filing husband, is
> the debt discharged? Lastly, is the default judgment void and/or a
> violation of the 727 discharge? Thanks.
>
> Thomas J. Tedesco, Esq.
>
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Hello Group
A married, Chapter 7 debtor filed BK and received discharge. She scheduled
an unpaid toll road violation/claim that she incurred on her community
property toll road account. The debt was scheduled / the creditor was
noticed. Thereafter, the toll road people (Orange County Transit Authority)
filed and took a default judgment against the non-filing husband. The
approximate amount of the judgment is $33,000.00, which consists of unpaid
tolls of $275.95 and $32,405 in penalties!
My questions. Has the debt been discharged (or is it deemed a
non-dischargeable gov't fine)? As to the non-filing husband, is the debt
discharged? Lastly, is the default judgment void and/or a violation of the
727 discharge? Thanks.
Thomas J. Tedesco, Esq.
LAW OFFICES OF THOMAS J. TEDESCO
1855 W. Katella Avenue, Suite 365
Orange, California 92867
Telephone: (714) 771-1693
Facsimile: (714) 771-2689
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The post was migrated from Yahoo.