Ohio Bankruptcy Legal Questions

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171 legal questions have been posted about bankruptcy by real users in Ohio. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include commercial bankruptcy, consumer bankruptcy, and foreclosures. All topics and other states can be accessed in the dropdowns below.
Ohio Bankruptcy Questions & Legal Answers - Page 6
Do you have any Ohio Bankruptcy questions page 6 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 171 previously answered Ohio Bankruptcy questions.

Recent Legal Answers

Can a travel trailer be used as a homestead exemption or will it have to be factored into the personal property allowance?

Answered 10 years ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
In the Western District of Wisconsin (and likely other districts as well), a travel trailer which is your actual residence can be exempted under the homestead exemption.
In the Western District of Wisconsin (and likely other districts as well), a travel trailer which is your actual residence can be exempted under the... Read More

How long will it take to get my car title after my bankruptcy is paid in full?

Answered 10 years and a month ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
That depends on how efficient the lender will be in sending you the certificate that the lien is satisfied. They are supposed to move fast, but they might not. A clear letter from you to them sent as soon as you get your Ch. 13 discharge might help. Include a stamped self-addressed envelope in which they can send you the paper. (Once you have the release or notice of satisfaction, you can bring it down to an office of the Bureau of Motor Vehicles and they will issue a clean title.... Read More
That depends on how efficient the lender will be in sending you the certificate that the lien is satisfied. They are supposed to move fast, but they... Read More

Is my ex really unable to sign over our car to our daughter because he is filing bankruptcy?

Answered 10 years and a month ago by Derek W. Freeman (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Bankruptcy
If your ex signs the car over to your daughter, the trustee will probably assume he's trying to hide assets that would otherwise belong to the bankruptcy estate. However, if he can show the court order requiring him to do so he may be able to do it.
If your ex signs the car over to your daughter, the trustee will probably assume he's trying to hide assets that would otherwise belong to the... Read More

Is my ex really unable to sign over our car to our daughter because he is filing bankruptcy?

Answered 10 years and a month ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Bankruptcy
He should discuss how to accomplish such a transfer with his lawyer. If he has not retained one, today would be a good time to locate and retain an experienced BR lawyer to help him. If he won't be wise about this, you can hire your own lawyer to represent your daughter's interests. There are some things which can be tried. Good Luck.... Read More
He should discuss how to accomplish such a transfer with his lawyer. If he has not retained one, today would be a good time to locate and retain an... Read More

How much would filing chapter 7 cost?

Answered 10 years and a month ago by Marc S Stern (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Bankruptcy
How much depends upon the complexity of the case, i.e. the issues or potential problems that the attorney sees when he looks at the case. On top of that are the filing fees and other costs. The courts have ruled that if you have not paid the attorney before the case is filed, the obligation is discharged. There are some esoteric exceptions to that but generally any lawyer who has been practicing bankruptcy requires all fees to be paid before filing.... Read More
How much depends upon the complexity of the case, i.e. the issues or potential problems that the attorney sees when he looks at the case. On top of... Read More

If I was awarded a business in my divorce, and file bankruptcy because I was not able to refinance, what happens then?

Answered 10 years and a month ago by Richard N. Gonzales (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Bankruptcy
There are too many variables to hazard a guess. Meet with an experienced bankruptcy lawyer and pay them for one hour of their time (between $250 and $300). Save your self a lot of grief!
There are too many variables to hazard a guess. Meet with an experienced bankruptcy lawyer and pay them for one hour of their time (between $250 and... Read More

If I was awarded a business in my divorce, and file bankruptcy because I was not able to refinance, what happens then?

Answered 10 years and a month ago by Dorothy G. Bunce (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Bankruptcy
It is impossible for me to speculate when I know only the small bit of information you have provided. The party that is likely to take your business and sell it is most likely going to be the bankruptcy trustee assigned to manage your case. The sale proceeds would be used to pay your debts. Your ex spouse could sue you for failing to comply with a property and debt division of a bankruptcy unless your case is handled by an expert in bankruptcy and family law. Which is why you need an attorney with top expertise and experience. Proceed with caution or you will shoot yourself in the foot.... Read More
It is impossible for me to speculate when I know only the small bit of information you have provided. The party that is likely to take your business... Read More

Does the bank have a claim on my house?

Answered 10 years and a month ago by Dorothy G. Bunce (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Bankruptcy
Mortgages can be discharged, not dismissed in a bankruptcy. But the lien portion of the mortgage allows the creditor to foreclose if you do not pay, so even though you do not personally owe the debt, you have to pay if you want to keep the property. Sounds like who ever you went to for a refinance is dumber than a rock, and since you cannot fix dumb, I would look for another lender.... Read More
Mortgages can be discharged, not dismissed in a bankruptcy. But the lien portion of the mortgage allows the creditor to foreclose if you do not... Read More

Can I give my son an acre of my 3 acre property after my bankruptcy is finished?

Answered 10 years and a month ago by Dorothy G. Bunce (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Bankruptcy
Once your bankruptcy is completely finished, you may do as you like with your assets. Without knowing more, I cannot say whether this might be a good or bad thing to do. Proceed with caution.
Once your bankruptcy is completely finished, you may do as you like with your assets. Without knowing more, I cannot say whether this might be a... Read More

What options do we have if the bankruptcy home wasn't reaffirmed?

Answered 10 years and a month ago by Dorothy G. Bunce (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Bankruptcy
First of all, it is your MORTGAGE company's decision of whether to offer you a reaffirmation in Chapter 13. Your lawyer cannot demand that your mortgage company offer you a reaffirmation. Secondly, you should not take legal advice from customer service people at your bank. They are uneducated about bankruptcy, are not authorized to practice law, and have their own agenda. Thirdly, if you want to refinance, go to another institution. Your bank is telling you they no longer wish to have you as a customer or offer you a refinance. Best deals may be with a local credit union.... Read More
First of all, it is your MORTGAGE company's decision of whether to offer you a reaffirmation in Chapter 13. Your lawyer cannot demand that your... Read More

If I file chapter 13, can my travel trailer be added to the bankruptcy as would a vehicle?

Answered 10 years and a month ago by Richard N. Gonzales (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Bankruptcy
Not a car, because it is not motorized. But like a trailer or home people live in. It enjoys a special status in the eyes of the law.
Not a car, because it is not motorized. But like a trailer or home people live in. It enjoys a special status in the eyes of the law.

If I file chapter 13, can my travel trailer be added to the bankruptcy as would a vehicle?

Answered 10 years and a month ago by Dorothy G. Bunce (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Bankruptcy
All debts and all assets must be INCLUDED in any type of bankruptcy. To fail to do so is a criminal offense. I have no idea why anyone would think otherwise. There are a variety of ways that you can resolve issues regarding the debt on this asset, but you have not left me with any clue as to what you would like me to accomplish.... Read More
All debts and all assets must be INCLUDED in any type of bankruptcy. To fail to do so is a criminal offense. I have no idea why anyone would think... Read More

If I file chapter 13, can my travel trailer be added to the bankruptcy as would a vehicle?

Answered 10 years and a month ago by Daniel T. Garner (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Bankruptcy
You would have the choice of keeping or giving up the trailer in a chapter 13, whatever makes the most sense for you in your current financial situation. If you are not living in it, you cannot claim a homestead exemption for it. But you might have other exemptions available to use on it. You should not attempt to do a chapter 13 without legal counsel. It is too complicated even for many lawyers.... Read More
You would have the choice of keeping or giving up the trailer in a chapter 13, whatever makes the most sense for you in your current financial... Read More

If I owe social security an overdue payment, can they take my tax return after filing for bankruptcy?

Answered 10 years and a month ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
The government would probably have to move for relief from stay but they would likely prevail.
The government would probably have to move for relief from stay but they would likely prevail.

Is there oversight for Chapter 13's?

Answered 10 years and 2 months ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
Find a more skilled lawyer. Your losing your deposit should not have happened if you were in close communication with your lawyer.
Find a more skilled lawyer. Your losing your deposit should not have happened if you were in close communication with your lawyer.

Can I put my boyfriend on my truck title?

Answered 10 years and 2 months ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
You could always give him an interest in the car. But since so many relationships founder, it might well be wisest to keep the car in your name.
You could always give him an interest in the car. But since so many relationships founder, it might well be wisest to keep the car in your name.

Can I file for bankruptcy again after five years?

Answered 10 years and 2 months ago by Ms. Susan Green Taylor (Unclaimed Profile)   |   12 Answers   |  Legal Topics: Bankruptcy
No. 8 years between filing dates.
No. 8 years between filing dates.

Can defaulting on a secondary registration loan prevent you from registering a different vehicle?

Answered 10 years and 2 months ago by Dorothy G. Bunce (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
The state government is not concerned with whether or not you pay your vehicle loans. The state government is concerned whether you maintain vehicle insurance when you drive.
The state government is not concerned with whether or not you pay your vehicle loans. The state government is concerned whether you maintain vehicle... Read More

Will all debts be discharged in bankruptcy?

Answered 10 years and 3 months ago by Richard N. Gonzales (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Bankruptcy
Almost all debts. Certain debts are not dischargeable. You would be well advised to consult with an attorney face to face.
Almost all debts. Certain debts are not dischargeable. You would be well advised to consult with an attorney face to face.

If I go file for my bankruptcy, would that prevent them from garnishing or will it stop the garnishment if I give them notice I'm filing?

Answered 10 years and 3 months ago by Richard N. Gonzales (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
Filing bankruptcy will stop all these collection efforts.
Filing bankruptcy will stop all these collection efforts.

Will my gambling losses be a problem in filing chapter 13?

Answered 10 years and 4 months ago by Dorothy G. Bunce (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
Living in Las Vegas, we see gambling winnings and losses quite often in Chapter 13. If you continue to gamble, and you are lucky, the bankruptcy trustee will expect you to pay more to your creditors. If you continue to gamble and your luck is bad, you may not be able to afford to pay your Trustee and that would mean your Chapter 13 and all its benefits would be lost.... Read More
Living in Las Vegas, we see gambling winnings and losses quite often in Chapter 13. If you continue to gamble, and you are lucky, the bankruptcy... Read More

Will my gambling losses be a problem in filing chapter 13?

Answered 10 years and 4 months ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
The problems you mentioned should not, by themselves, keep you from getting a discharge in Ch. 13. But because there are some problems, I strongly suggest you find a lawyer experienced in bankruptcy issues to advise and represent you. It's almost always worth the investment.
The problems you mentioned should not, by themselves, keep you from getting a discharge in Ch. 13. But because there are some problems, I strongly... Read More

Can I file bankruptcy on IRS and if they are threatening to take my wages and vehicle, should I let them know I'm filing?

Answered 10 years and 4 months ago by Ms. Susan Green Taylor (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Bankruptcy
Do not do anything until you work with a professional, preferably an attorney, who can advise you about the dischargeability of taxes.
Do not do anything until you work with a professional, preferably an attorney, who can advise you about the dischargeability of taxes.
Forever from the ones that he filed in the bankruptcy.
Forever from the ones that he filed in the bankruptcy.

Will the third party lien expire after my bankruptcy has been discharged?

Answered 10 years and 5 months ago by Patrick William Currin (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Bankruptcy
No, it won't expire. That's the point of securing the loan against real property.
No, it won't expire. That's the point of securing the loan against real property.