Do I have to pay a traffic ticket while in bankruptcy?

I received it before filing but haven’t paid yet. I know it will not be discharged, but I need to know if I have to pay it now or if it would be included in the stay. It is not in collections yet.

Asked on September 23, 2012 under Bankruptcy Law, Illinois


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It sounds like you are in a consumer bankruptcy.  This type of bankruptcy only covers consumer debts.  A traffic ticket is not considered a consumer debt, but rather a very low type criminal/traffic offense.  As such, it cannot be stayed during bankruptcy.  You need to contact the traffic court and make some type of arrangement for handling the ticket.  If they know your situtation, they may agree to let you pay it off at a later date.  However, not contacting them could result in the traffic court judge issuing a capias (or warrant) for your arrest.

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