If you are having trouble paying your City of Chicago tickets, you may be able to file for bankruptcy to help get rid of them. A program called “Fresh Start” began on January 1, 2019. It allows some people with Chicago tickets to get them forgiven. This article explains the program and how to participate.

Note: Bankruptcy is a serious decision and can have drastic consequences. Always talk to a lawyer before filing. There is a bankruptcy help desk in Room 625 of the Dirksen Building, 219 South Dearborn Street, Chicago, IL, open Mondays, Wednesdays, and Fridays beginning at 9:00am. The lawyers there can give you brief advice about your case, but they cannot represent you or fill out forms for you.

What is the City of Chicago’s “Fresh Start” Program?

It is a way for people with unpaid tickets from the City of Chicago to have them forgiven. You must file for chapter 7 bankruptcy and agree to a payment plan with the city. You then can have the following tickets forgiven if they are more than 3 years old:

• Parking,
• Standing,
• Compliance, and
• Camera tickets.

You can also have any penalties, fees, and costs forgiven, even if they are less than 3 years old.

What is the payment plan like?

Each payment plan is different. It will depend on the amount you owe. You will have to work with the City of Chicago to determine your plan. The plan can be as long as 5 years, or you may not have to have any payment plan at all. Here is are some examples of what your monthly payment and number of months may look like:

Can I use this to get my car back?

Yes. If you had your car impounded because of unpaid tickets, you can use this program as a way to get it back. However, you will have to pay an additional fee of $1,000. You will also have to pay 25% of your “fresh start” plan as a down payment if any of the following is true:

• Your car is booted or impounded;
• You have a ticket for driving on a suspended license ("VIP ticket"); or
• Your driver's license is currently suspended.

Couldn’t you get tickets forgiven in bankruptcy before?

Yes, but only in chapter 13. Chapter 13 is more difficult than chapter 7 because you have to agree to a payment plan for all of your debts. The “Fresh Start” program allows you to get rid of your tickets as part of a chapter 7, which does not require an overall payment plan. You do, however, have to agree to a payment plan with the City of Chicago.

How do I enroll in the program?

Step 1: Get payment plan terms

The city prefers that you get the payment plan terms via email. Send an email to [email protected]. Include in the email your:

• Name,
• Address,
• Driver’s license number, and
• All known vehicle license plate numbers (past and present).

If your car has been booted or impounded, state this in the email. Also state the reason for the impoundment. The City will then respond with proposed “fresh start” plan terms.

You can also enroll in person. Go to the payment center at 400 West Superior Street, Chicago, IL. Bring the same information listed above. The City will send you proposed payment plan terms in the mail. They will not have them ready on the same day you walk in.

Step 2: File bankruptcy, if you haven’t yet

Decide whether bankruptcy is the right decision for you. Talk to a lawyer first if possible. If you decide it is the right decision, file your bankruptcy petition.

Step 3: Complete the enrollment process and make first payment

Once you have your payment plan terms, and have filed your bankruptcy petition, you can enroll in the program. Bring the following to the payment center at 400 West Superior Street, Chicago, IL:

• A copy of your filed bankruptcy petition, schedules, and statement of financial affairs, and
• Your driver’s license.

You will then sign a contract with the city laying out the payment plan terms. You will need to make your first payment and any down payment for release of a vehicle. They accept cash, cashier’s check, or money order (from the USPS only). All subsequent monthly payments must be made payable to the “City of Chicago” and mailed or delivered to:

Arnold Scott Harris, P.C.
111 W. Jackson, Blvd., Ste. 600
Chicago, IL 60604

I’m in a Chapter 13 right now. Can I still enroll?

Yes, but you must first convert your chapter 13 to a chapter 7. Talk to a lawyer if you need help with this.