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Non Dischargable Debt Question

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    Non Dischargable Debt Question

    I have fines from the Illinois Tollway. I understand that they are not dischargable.

    I've got a couple questions:
    1) Do I list it as a debt?
    2) Do they have to object for it to not be discharged, or is it automatically not.
    3) If they are supposed to object and do not, does it get discharged?

    #2
    Originally posted by thewizard View Post
    1) Do I list it as a debt?
    Yes

    Originally posted by thewizard View Post
    2) Do they have to object for it to not be discharged, or is it automatically not.
    No, because it's Statutory. You would have to challenge its non-dischargeability via a complaint (Adversary Proceeding/AP) should you want to claim that it's dischargeable.

    Originally posted by thewizard View Post
    3) If they are supposed to object and do not, does it get discharged?
    They don't have to do anything. It's non-dischargeable (period). If you are challenging the dischargeability of the fine, then you would need to file a complaint (AP).
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

    Comment


      #3





      The whole section. 'Hub
      If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

      Comment

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