Ohio Bankruptcy Legal Questions

You cannot eliminate any mortgage lien in a Chapter 7 bankruptcy. Had you been eligible and lien stripped this 2nd mortgage in your Chapter 13, the lien would have been removed. The subsequent transfers of the HELOC rights to another party does not affect the validity of the lien. This is a question you should have raised before making decisions that you must now live with.... Read More

I take it you have an outstanding and noncollectable debt to them. Generally they are within their rights not to choose to deal with you. I would seek a different supplier. You are correct that you are now compelled to keep current but there are still potential pratfalls and losses to them and they can refuse to deal, or treat you as a higher risk customer. Have you offered cash in advance, or at delivery?... Read More

Since mortgage payments are current because of your regular payments, it would be very strange if the mortgage lender sought to accelerate or foreclose on your mortgage. A creditor wants a dependable borrower, after all. On the other hand, some lenders simply do not recognise their own interests. Therefore, dig out your mortgage and accompanying mortgage note and read them with care. (Use a magnifying glass if necessary.) Look especially for a section entitled 'Events of Default,' or something very similar. Sometimes a document may refer to a bankruptcy by one of the borrowers as an event of default, but it may not be enforceable in court especially if payments are current. So I don't think you have much to worry about. On the other hand, consulting a skilled bankruptcy lawyer in your locality will probably be worth the cost, just to be sure what practices obtain in your federal district. been established.... Read More

Well, you no doubt paid your lawyer good money to represent and advise you in the bankruptcy. He ought to be willing to help with this final step. He might advise you to send the lender a letter by certified mail telling them the history of this loan, and that if, after 6 or 7 years, they do not pick up the truck in, say, 14 days, then you will consider it abandoned. Your lawyer can tell you how to get a release (or satisfaction) of lien from the lender. If you get no satisfaction this way, you may as well use the truck until it falls apart, and then sell it for salvage.... Read More

If you are eligible to file a Chapter 7 bankruptcy, reinstatement fees in Ohio will be discharged.  If your car accident was not a result of drunk driving, the damages from the accident should be dischargeable as well.  The court fines will remain.   I recommend you get on a payment plan for the Court fees and never be late on a payment.  The process can be simple if you file bankruptcy.  You take a copy of your bankruptcy petition to the BMV and they should release the judgment security suspension if there is one, and also waive reinstatement fees.  Consult with a local bankruptcy lawyer to reveiw all of your finances and create a plan of action.... Read More

At the very least, it's a $25 filing fee to convert from chapter 13 to chapter 7. A lot of the paperwork is the same, however, so it is possible to do it yourself although you might want to pay an attorney to look it over before you file it. Nobody will do it for free. The more help you need, the more it will cost, but it might be well worth it.... Read More

Clerks of Court are obliged to charge a fee for conversion set by the Judicial Conference of the United States. The last time I looked it was $30.00. You'll have to pay in cash or by a bank check or money order. Check with your lawyer, if you have one, about what additional information you must provide the Court according to its local rules, which vary. Good Luck. And best wishes in your job search.... Read More

The federal loan programs do have several programs to assist low income borrowers, but you do have to disclose financial information to allow the system to determine if you are eligible. After all, you cannot get food stamps and be earning a six figure income, and people lie so much that the government now requires everything anyone says to be documented with financial records. Your only other option may be to structure a repayment of this debt in Chapter 13. Otherwise, with a court judgment you consented to, this creditor has nearly unlimited access to taking your bank accounts and other assets. If your business is not making a profit, maybe this is a sign that you need to find a job that will allow you to pay this and your other debts.... Read More

Your question is missing a lot of crucial facts, such as whether Mom is the only one on the title or not and what the property is now worth. When you do not know what to do, have a personal face to face meeting with either a bankruptcy attorney or a real estate attorney. The bankruptcy attorney is more likely to have a pre existing professional relationship with the trustee while the real estate attorney will know the property values.... Read More