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Questions Answered by Joseph Michael Romano
2 Answers | Asked in Bankruptcy and Car Accidents for Ohio on
Q: I’m being sued for $12,000 for a car accident that was legally my fault. Would I be able to file bankruptcy?
Joseph Michael Romano
Joseph Michael Romano
answered on Aug 10, 2022

It depends on the cause of the accident. Don't answer that in this thread. You'll need to sit with an attorney to discuss what happened in order to see whether the debt to be incurred would be dischargeable in a bankruptcy.

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2 Answers | Asked in Bankruptcy for Ohio on
Q: GE credit union took my money out my account for a car loan while in ch.7 bankruptcy before I could surrender the car

Can they do that?

Joseph Michael Romano
Joseph Michael Romano
answered on Oct 15, 2021

I agree with Mr. Denison. Just to add one point, it wouldn't really matter whether they knew or not. If they knew, then its a wilful violation of the automatic stay, which sounds like that was his point. If they didn't know, they still have to give the money back, its just not a... View More

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3 Answers | Asked in Bankruptcy for Ohio on
Q: Need to file bankruptcy had one car repossessed and another up for repo now. Also many other debts.

We owe a lot on both cars. I also have tax debt, student loan debt, credit card debt, medical bills and collection companies. What can bankruptcy do for me in terms of clearing these debts and allowing me to get the one car back and keep both cars?

Joseph Michael Romano
Joseph Michael Romano
answered on Jul 25, 2020

It all sounds possible. But, without knowing more about each particular debt, its impossible to tell. Best to contact an attorney to discuss these, and your greater financial situation, to get answers to these questions and to determine a best course of action.

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1 Answer | Asked in Bankruptcy and Collections for Ohio on
Q: Hello David. My question would be should the garnishment been taken out of my short term disability ?

If not how could I go about getting that money back?

Joseph Michael Romano
Joseph Michael Romano
answered on Jun 23, 2020

There is no exemption in Ohio to protect short term disability payments (received from an insurance company, I presume) from being attached. The only way you can get it back would be to file a bankruptcy (presuming you are having financial difficulties (consult a bankruptcy attorney) and getting... View More

4 Answers | Asked in Bankruptcy and Small Claims for Ohio on
Q: Are you legally required to continue paying charges on a credit card if the cardholder files bankruptcy?

I am not a joint card holder. My name is no where on the account. They just helped me out when I was having money issues and I agreed to pay a monthly amount until the balance was paid off. Now, there is no balance and they keep taking my money even though they no longer owe the amount.

Joseph Michael Romano
Joseph Michael Romano
answered on Jul 25, 2019

I presume "they" are the card holders and "they" filed a bankruptcy. Is this correct?

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2 Answers | Asked in Bankruptcy for Ohio on
Q: If my car is in a chapter 13. If the car is payed off will a trustee adjusts payments accordingly
Joseph Michael Romano
Joseph Michael Romano
answered on Mar 1, 2019

No. Your payment is your payment unless you file a motion to modify your plan payment. That is an entirely different question. The money you pay to the Ch. 13 Trustee just goes to pay off the other creditors of your case, based on how your Chapter 13 plan is structured.

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2 Answers | Asked in Copyright, Bankruptcy and Business Law for Ohio on
Q: As an officer of a 501c4 corporation am I personally liable for a copyright infringement by the corporation

The debts (loans by me) of the corporation far exceed the assets of the corporation and the corporation cannot pay the requested settlement fee.

Joseph Michael Romano
Joseph Michael Romano
answered on Oct 31, 2018

Can't even answer without knowing more. Please call to set up an appointment.

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2 Answers | Asked in Bankruptcy for Ohio on
Q: Can you file bankruptcy on credit card and medical dept only?

I am trying to see if I should file bankruptcy or do a debt relief program.

Joseph Michael Romano
Joseph Michael Romano
answered on Oct 23, 2018

That is not a question that can be answered in this thread. That, most likely, takes a consultation; an understanding of how bankruptcy works and how it is different than debt consolidation. If you want a shock answer it will be, in my opinion, never do a debt consolidation. But, I cannot say... View More

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2 Answers | Asked in Bankruptcy for Ohio on
Q: Does the CH13 applicable commitment period begin from date of 1st payment or confirmation date?
Joseph Michael Romano
Joseph Michael Romano
answered on Sep 25, 2018

The APC is 60 payments, not 60 payments from confirmation.

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2 Answers | Asked in Bankruptcy for Ohio on
Q: Can I file bankruptcy alone?

I left in May 2008. Filed for divorce in May 2011. Finalized Oct. 2011. He racked up a 10k hosp bill in June 2011. They are now sending me letters and calling. Also we were sued in 2010 for another of his hosp bills and he has never made his payments. I paid 25 mthly for about 6 years. We owe more... View More

Joseph Michael Romano
Joseph Michael Romano
answered on Sep 25, 2018

I'd have to take a look at what your Separation Agreement says, but there would be no impediment to discharging all of this debt as to the original creditors. The Separation Agreement could cause issues if there was an assumption of debt provision.

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2 Answers | Asked in Bankruptcy for Ohio on
Q: I have a question regarding my out of pocket school expense. My question is would I be able to file bankruptcy on that

if I can't afford to pay it due to lack of income?

Joseph Michael Romano
Joseph Michael Romano
answered on Aug 8, 2018

What are those expenses comprised of? credit card, a loan from the school, a grant, etc.. Without knowing that, I really can't tell you whether its a debt and whether its dischargeable in a bankruptcy.

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2 Answers | Asked in Bankruptcy for Ohio on
Q: Can you appeal if your petition to file bankruptcy gets rejected?
Joseph Michael Romano
Joseph Michael Romano
answered on May 31, 2018

There are a lot of missing facts, here. What were the circumstances surrounding your filing and the dismissal?

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1 Answer | Asked in Bankruptcy for Ohio on
Q: Hi, My house is in foreclosure. I will be filing Chapter 13 Bankruptcy how will that save my home?
Joseph Michael Romano
Joseph Michael Romano
answered on May 29, 2018

The filing of a bankruptcy creates a protective "bubble" of all of your assets and your income from your creditors. Chapter 13, specifically, is a consolidation and pay-back plan. Included in the list, and one of most importance, is paying back mortgage arrears. In most parts of Ohio,... View More

4 Answers | Asked in Bankruptcy for Ohio on
Q: Can a credit card company that has begun the process of suing,be excluded from a bankruptcy filing?

I haven't filed anything yet,nor retained an attorney. I'm in the beginning stages of determining what my next step is going to be.

I spoke on the phone to a prospective attorney who said that the credit card co. would be excluded from any bankruptcy filing.

Joseph Michael Romano
Joseph Michael Romano
answered on May 29, 2018

Whoever that lawyer was, RUN from them. lol.

In any bankruptcy filing, all of your creditors must be notified of the filing of the bankruptcy. How you want to treat them and whether they are discharged (or you continue to pay them) in your bankruptcy are questions/issues you should speak...
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