Ohio Bankruptcy Legal Questions

Before filing bankruptcy, you need to take an online course that takes about 2 hours and costs around $10. Once you've done the course you can file an emergency bankruptcy in 15 minutes (I would recommend you file a normal bankruptcy, but if you don't have the time, you don't have the time).... Read More

NEVER PAY ANYONE ANY MONEY WITHOUT HAVING A SIGNED AGREEMENT SPECIFYING EXACTLY WHAT THE OBLIGATIONS OF BOTH SIDES ARE!!! This is good advice for anything starting with a hamburger, Coke and fries at McD's up to a 747 from Boeing. You don't go to McD's and hand the clerk $8.00 in exchange for unknown items, do you. You specify each item and she tells you the price (including tax), then you pay her. Now you have a special situation, YOU ARE BEING SUED. You need to talk to a bankruptcy lawyer who does litigation (that guy on TV that runs a bankruptcy mill, doesn't do litigation - calling him is like going to Jiffy Lube to replace your engine).... Read More

It will void the sheriff's sale in one sense: further proceedings, meaning confirmation of sale, are stayed by virtue of the Automatic Stay which comes into effect immediately upon filing the case. If you file a Ch. 13, and can put in enough money to pay the arrearage to the creditor over 60 months (along with current monthly payments), you can ordinarily keep the home and at the end of the Ch. 13 you will be in good standing with the mortgage-holder. In a Chapter 7, all you would accomplish is hold off the creditor by a few months at most.... Read More

He can do so only if (a) there is an agreement between you and him or her to that effect, and (b) the court has approved the fee. If it is a very small sum of money, it's not likely worth bothering about. If it is something more, discuss it with your lawyer. After all, if he did a piece of work which you requested, and he obtained a benefit for you, then he is entitled to payment.... Read More

The first and best thing you can do is to consult an experienced bankruptcy lawyer. It's almost always worth the investment. This site is not intended to replace the lawyer. More to the point, you are asking for information that would take many pages to answer, and involves a certain amount of technical detail. That said, the courts charge a filing fee of either $310 or 330 dollars for filing the case. Depending on the case and for locality lawyers will ask for an advance payment of anywhere from $1000 and on up. It is legally permitted to represent yourself in such a case, but unless it is the most basic kind of case, proceeding without a lawyer can be risky.... Read More

The 2011 and 2012 taxes, if the tax returns were filed more than two years ago and an audit has not been done, will probably be general unsecured debts that will be discharged, and the remaining tax debts will be priority (not secured) debts that will not be discharged and will have to be paid in full through the Chapter 13 plan. If they are secured (if a tax lien was filed) you will have to pay them off with interest. If you get a refund from the federal taxes while you in the case, the IRS will probably offset that and apply it to the priority tax debts. Then they will amend their claim with the Bankruptcy Court and you will pay less through the plan.... Read More

Like most people trying to figure out the bankruptcy system on their own without a legal education or experience in the bankruptcy court, you are worrying about things that do not matter and overlooking the actual solution. The Chapter 13 Trustee will take your tax refund and use this money to pay your UNSECURED DEBT, essentially throwing away good money. Even the IRS has to comply with the automatic stay of the bankruptcy court. There is a reason why most people agree to pay for an experienced Chapter 13 attorney through their plan. The money that is paid to the attorney through the plan comes out of money you otherwise would be wasting paying your UNSECURED creditors. And the attorney should know all the tricks of the trade to make sure you save, rather than waste your money.... Read More