Can the state deny a license or permit because of bankruptcy?

The state generally cannot suspend a license because a person filed for bankruptcy. It is illegal for a governmental unit to deny, revoke, suspend, or refused to renew a license, permit, charter, franchise, or other similar grant to someone solely by reason of his or her having been a debtor, having been insolvent prior to discharge, or having failed to pay a dischargeable debt.

If a license was suspended prior to filing for bankruptcy, however, the state entity may or may not be required to reinstate the license until the individual has obtained a successful discharge. Some states do have procedures to reinstatement a license during bankruptcy. An attorney will be able to offer advice about provisions and exceptions are available in a specific jurisdiction.

Also keep in mind that the protection offered through bankruptcy only protects bankruptcy related actions. For example, the state is seeking to suspend a license because a person failed to pay on a judgment rendered against them in a car wreck case. The individual can then file for bankruptcy.

The state cannot suspend a license as part of the collection activity. Alternatively, if the person is arrested for driving while intoxicated and they refuse to provide a breath sample, many states will automatically suspend the driver’s license. Even if the person has filed for bankruptcy, the suspension is permissible because it’s related to the criminal charge, not the bankruptcy filing.

Case Studies: State License Denial and Bankruptcy

Case Study 1: Protection Against License Suspension

John, a small business owner, filed for bankruptcy. He was concerned that the state might suspend his professional license as a result. However, John learned that it is generally illegal for a governmental unit to deny or suspend a license solely based on bankruptcy status. He was relieved to know that his license was protected during the bankruptcy process.

Case Study 2: Reinstatement of a Suspended License

Emily, a licensed professional, had her license suspended prior to filing for bankruptcy. She wondered if the state would reinstate her license after obtaining a successful discharge. Emily discovered that some states have procedures for license reinstatement during bankruptcy. She consulted with an attorney to understand the specific provisions and exceptions in her jurisdiction.

Case Study 3: Exceptions for Criminal Charges

Sarah faced license suspension after refusing to provide a breath sample during a DUI arrest. She was concerned that her bankruptcy filing would not protect her license in this situation. Sarah learned that the state could suspend a license for criminal charges, regardless of bankruptcy status. She understood that the suspension was related to the criminal charge, not the bankruptcy, and sought appropriate legal advice for her case.