There is a bit of strategy involved in whether you should file a Chapter 7 or a Chapter 13 in a case like this, so it is important that you hire an experienced bankruptcy lawyer to assess how your case should be handled and what you can expect to accomplish in your bankruptcy case. The discussion with your bankruptcy attorney will be a big factor in your decision as to which Chapter or type of bankruptcy case is in your best interest under your particular circumstances.

Since there are so many factors that have to be considered, it would be best for you to consult with an experienced bankruptcy attorney. My 30+ years of legal experience and my 25+ years involved in consumer bankruptcy cases – many involving personal injury cases – can give you confidence in our recommendations regarding the intersection of your personal injury case and your bankruptcy case.

If you are interested in learning more about how we can help with your bankruptcy matter if you have a pending personal injury claim, give our office a call at 732-302-9600 or fill out our online consultation form and we will call you!

The quick answer is YES, New Jersey EZ-PASS debts and the associated “Penalties” are dischargeable.  Many attorneys may respond that these debts are not dischargeable as fines to government entities are not dischargeable and as you may already know, if you fail to pay an EZ-PASS toll of $1.50, the State of New will assess a $50.00 penalty against the $1.50 that you owe.

However, not too long ago the New Jersey Attorney General found that the $50.00 penalty that most of us thought was a fine, was not in fact a fine but was, as the New Jersey Attorney General found, was the cost of collecting the missed/avoided toll.  So based upon the finding that the penalties assessed against the missed/avoided tolls was not a “fine,” the toll and the associated penalty became dischargeable.