Ohio Bankruptcy Legal Questions

If the bills are for treatment that occurred after your divorce, you should not be liable for them and should make this clear to the bill collectors coming after you and to his mother and/or sister. Perhaps you need to show them the date of a divorce decree. If the bills after from dates prior to your divorce decree and such decree says that you have to pay them, you may be stuck with them despite a bankruptcy. I think the latter is unlikely, though. If the decree does not say you are responsible, a bankruptcy discharge would eliminate your personal liability for pre- or post-divorce collections. In the end, you need to consult a bankruptcy expert to go over your specific facts and provide you relevant advice on what to do or not to do.... Read More

When you file bankruptcy and list the mortgage company as a creditor (which you have to do if you have a mortgage), the mortgage is technically discharged at the end of the case. But, the company retains its lien on your real estate. That means that if you ever default on the mortgage the only remedy for the mortgage company is to foreclose on the property, and they cannot come after you for a money judgment or if there is deficiency balance remaining after they sell the property.... Read More

A discharge of a mortgage only occurs in a Chapter 7 bankruptcy. This discharge means that although the lender can still foreclose, the lender cannot sue you to collect the underlying debt. So if you want to keep the property, you gotta pay the mortgage, as bankruptcy obviously will not get you a free house. But if you filed Chapter 13, the discharge did not include your mortgage.... Read More

A better question is why you would NEED to file bankruptcy when you have no money and no job. People will always find a way to pay for something they actually need unless they can figure out a way to get someone else to give them a WANT by convincing them it is a NEED. I am too old a dog to believe you have a NEED unless you provide a lot more details.... Read More

Based on your assertions, you are "judgment proof." In other words, no one can collect from you. Social Security Disability benefits can not be touched by creditors. You own no real estate, and you have no job, so even assuming you are sued, creditors can not collect on the judgment. Unless I am missing information, you may not have to file bankruptcy.... Read More

Most of the time, a disabled person does not need to file bankruptcy. And it can be a bad idea to proceed with a bankruptcy unless there is a very special compelling reason to do so. Stopping creditors from calling to collect or attempting to repair credit by filing bankruptcy is not, IN MY OPINION, not a good reason to file bankruptcy.... Read More

Were that it was just as simple as signing a quit claim deed to get out of the responsibilities of owning a home! You have been misinformed and should have paid for competent legal advice many years ago. It may now be far too late to offer you any meaningful help. A quitclaim deed is of limited effect if the person you quit claimed to did not accept the gift of the property via the quitclaim.... Read More

Unless you have received your discharge, you could dismiss it, but I think that would be foolish. Get your discharge and then you will be able to file another Chapter 13 right away to resolve the problem with your mortgage arrearages. You need to be getting extensive legal advice to make this happen, and quite frankly, you should have been keeping the lines of communication open with your attorney a long time ago. Failing to discuss this with your attorney has cost you plenty.... Read More

If you listed the furniture company in your chapter 13, it is a stay violation for the furniture company to contact you or your family to attempt to collect or retrieve the collateral without a court order. However, timing can be a problem, and if there has not been much time since you filed your case or if the creditor was not properly listed, you have a right but probably no damages. Talk to your attorney.... Read More

I always wonder who THEY are supposed to be. As Chapter 13 is a program in which you propose a way to repay your debts from your income and your assets, it seems only right that if you have more assets, you should pay more to your creditors. The details of your particular case will determine whether you will be able to chose to keep some, all or none of your inheritance.... Read More

The problem is not whether or not the creditor was or was not in your bankruptcy, but whether the creditor did or did not have a valid security interest in your workers compensation award. If the creditor did have a valid security interest, they own a portion of the award up to the value of their claim.... Read More

If you filed bankruptcy in the 9th Circuit (Oregon, Idaho, Montana, Washington, California, Nevada, Hawaii or Guam) then the answer to your question turns on whether or not the trustee found any assets in your case. If there were no assets, all you need do is notify the creditor of your bankruptcy and they are bound by the discharge. If assets were distributed to creditors, however, you would need to make a settlement with the omitted creditor. Of course, if the debt was not dischargeable in bankruptcy anyway, whether it was listed or not makes no difference in your obligation to repay it. You should check with the court or with the chapter 7 trustee to find out if there were any assets. If there were assets, you should seek legal counsel to determine the best approach to the omitted creditor.... Read More

Sure, the bankruptcy court is usually quiet lenient about allowing a debtor to reopen a case to include an asset that was omitted in the initial filing. The case will be held open until it can be established the value of the asset, at which point, it becomes a matter for the trustee to collect the asset and distribute it to creditors.... Read More

So, let me get this straight. You want to know if you have to report additional income to the chapter bankruptcy trustee? Did you read the portion of your Plan that requires you to do this? Of course you report whatever additional income you have to the trustee, unless you want to get kicked out of the program when the trustee does find out.... Read More

As an attorney who has also represented landlords, I have never found bankruptcy to be a factor in securing an apartment to rent. Landlords are not willing to rent to someone who has been evicted in the past, had their utilities shut off, or who have records relating to domestic violence, drugs, or noise complaints.... Read More