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Ohio Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy for Ohio on
Q: My husband and I paid for a chapter 7 bankruptcy but never ended up filing, can I get the money back from the attorney?

We paid $1,028 for the whole bankruptcy in Ohio but we never ended up doing anything for it and moved to Michigan. $200 went to have the attorney start working on things the $800 covered paperwork/filing ect… I was wondering if I can get the $800 back?

Mr. Chad Van Horn
PREMIUM
Mr. Chad Van Horn
answered on Nov 9, 2022

Did you sign a retainer or engagement letter? If so, you should review that to determine your rights. If the fee is non-refundable you would not have a right to get it back but the attorney may work with you on a partial refund.

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3 Answers | Asked in Divorce and Bankruptcy for Ohio on
Q: I am a cosigner on a car loan for my ex husband in the process of divorce and he is purposely not paying the loan

To ruin my credit he won't pay for it I have text to prove it as well

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Oct 29, 2022

Probably your most effective path to redress this problem is through your divorce lawyer and the domestic relations court. From the outset of a divorce case, or shortly thereafter, the court deals with the issue of temporary support, or support pendente lite, and that involves, in part, the... Read more »

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1 Answer | Asked in Banking, Contracts and Bankruptcy for Ohio on
Q: How can I back out or cancel a Hvac company/Wells Fargo contract after months or years have passed?
Timothy Denison
Timothy Denison
answered on Oct 17, 2022

Most likely you cannot unless there has been a breach or it has a termination clause.

1 Answer | Asked in Bankruptcy for Ohio on
Q: I've already retained a lawyer for filing bankruptcy but they won't do anything until they are completely paid in full.

I just received a summons by mail for a credit card I may owe. How should I handle the summons? Ohio

Timothy Denison
Timothy Denison
answered on Sep 17, 2022

Give it to your bankruptcy lawyer.

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 Esq
Joseph Michael Romano Esq
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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1 Answer | Asked in Bankruptcy for Ohio on
Q: Im filing for bankruptcy but my lawyer has failed on his end I believe

Yesterday's court was to dismiss my case and he failed to call in I have done everything asked and he even sent me the wrong bankruptcy papers they had someone else's name on them a paralegal has emailed a couple times and says I still need to drop the paperwork off to the courthouse with... Read more »

Timothy Denison
Timothy Denison
answered on Aug 4, 2022

You may need to get a partial refund from lawyer #1 and hire another lawyer to properly handle. Lawyer #1 doesn’t sound terribly interested in your case.

1 Answer | Asked in Car Accidents, Bankruptcy and Collections for Ohio on
Q: I live in ohio. I was unaware my insurance lapsed. I let my son use my car. He had an wreck. Other car was totaled

The insurance company is suing me and my 18 year old son for almost 30 thousand. I own a car and a double wide mobile home on a rented lot. We do not have money like that, none in savings. I also have 2 other children who live here. The insurance company said they will get their money by all means... Read more »

Tim Akpinar
Tim Akpinar
answered on Jul 9, 2022

An Ohio attorney could advise best, but your question remains open for two weeks. I'm sorry about the accident. I hope your son and everyone else are okay. It sounds like you are being pursued by the carrier's subrogation department. At this point, you could consider reaching out to... Read more »

1 Answer | Asked in Bankruptcy for Ohio on
Q: Is there a statute of limitations when attempting to recover unclaimed funds after a chapter 13 discharge?

I filed a chapter 13 in 1999. I received a discharge, never thought anything else about it, and went on to improve my life. I recently received a letter from a private investigator in Arizona stating that, for a small fee, they would collect the unclaimed funds being held by the bankruptcy court... Read more »

Timothy Denison
Timothy Denison
answered on Apr 8, 2022

If the funds are still there, you should still be able to recover them.

3 Answers | Asked in Bankruptcy, Consumer Law and Small Claims for Ohio on
Q: Debt collector is suing me in court in indiana. I currently live in Ohio. I havnt lived in Indiana since 2015.

They want me to set up payment or go to court. I can’t go to court it’s 7 hours away can’t take off of work. Is there anything I can do or can I just ignore it?

David Luther Woodward
David Luther Woodward
answered on Apr 5, 2022

Talk to a bankruptcy lawyer in your community to help you evaluate your options.

Good Luck

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1 Answer | Asked in Bankruptcy for Ohio on
Q: How long after bankruptcy is finalized in Ohio can I sell my house?
Timothy Denison
Timothy Denison
answered on Apr 4, 2022

As soon as the final decree is entered.

1 Answer | Asked in Bankruptcy and Tax Law for Ohio on
Q: I was placed a lawsuit on me for back city taxes. I Wasnt notified of this action, and

They put a offset on my federal taxes and Wasnt aware no action, filed bankruptcy and it should of been discharged

Timothy Denison
Timothy Denison
answered on Mar 1, 2022

What is your question?

2 Answers | Asked in Bankruptcy for Ohio on
Q: I am 3 years into a Chapter 13 paying 70% of debt. My income has risen 25% + over the last 1 1/2. I need some advise.

I am faced with having my monthly payment increase significantly and I am in a better position to pay my creditors 100%. I am thinking of asking for a voluntary dismissal but have some questions, pros and cons. First after dismissal I assume my creditors will come after me but can I negotiate to... Read more »

David Luther Woodward
David Luther Woodward
answered on Jan 19, 2022

This is a question you should be asking your lawyer. No Lawyer? Get one.

I don't know your case so anything I make say could easily be wrong. Someone familiar with your file should take a look

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3 Answers | Asked in Bankruptcy for Ohio on
Q: My dad is 61 he wants to file for bankruptcy but he's on a fixed income through ssd he's on dialysis how should he file?
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Jan 10, 2022

The principal eligibility requirement for a Ch. 13 filing is a periodic income. The SSD provides that. There are limits, however, to the amount of debt a debtor may have, and a Ch. 13 case usually lasts for three to five years, during which a debtor must make payments to a Ch. 13 trustee,... Read more »

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1 Answer | Asked in Bankruptcy for Ohio on
Q: My husband stole some money from his employer. The case was expunged after months of community service. Then the

Employer & his insurance companies sued in civil court for the stolen amounts plus legal fees and were awarded a summary judgement. He is now facing bankruptcy due to this summary judgement debt. I have learned debts that were achieved as a result of theft are generally not dischargeable - (11... Read more »

Timothy Denison
Timothy Denison
answered on Dec 29, 2021

It is still not dischargeable and will have to be repaid if they got a judgment against him.

2 Answers | Asked in Bankruptcy for Ohio on
Q: If an attorney knowingly filed a ch 13 when you qualified for a ch 7 what would be considered acceptable punitive damage

None

Timothy Denison
Timothy Denison
answered on Oct 20, 2021

That behavior probably doesn’t rise to the level of conduct necessary to award punitive damages.

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1 Answer | Asked in Bankruptcy for Ohio on
Q: Is ge credit union allowed to freeze my bank acct. While in ch.7 with a right of offset? Before ch.7 court date?
Timothy Denison
Timothy Denison
answered on Oct 15, 2021

No. Not if the bankruptcy has already been filed.

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?

Timothy Denison
Timothy Denison
answered on Oct 15, 2021

No. Not if they were on notice of the bankruptcy filing.

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2 Answers | Asked in Bankruptcy for Ohio on
Q: I'm answering a complaint. And it says plaintiff does not seek an award of attorney fees contractual or statutory

Interest after date of charge off. How do I answer this correctly? Thanks

Cristina M. Lipan
Cristina M. Lipan
answered on Sep 21, 2021

If you're trying to answer a complaint, it sounds like you are the defendant, not the plaintiff. If it says, the plaintiff is not seeking attorneys fees, there is nothing for you to answer. If that's the case, this could be answered with, "Defendant lacks sufficient information to... Read more »

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1 Answer | Asked in Bankruptcy, Contracts and Copyright for Ohio on
Q: Is it legal to sell someone's else stuff without their knowledge or consent?

Until my lease for my new apartment began, I stayed at my friend's place for a month. Recently when moving in, I forgot some items at the friend's place. The next day after move-in, I asked the friend if I can go to their place and collect my remaining items. They said they were out of... Read more »

Timothy Denison
Timothy Denison
answered on Sep 8, 2021

Take a criminal complaint against the boyfriend for theft and conversion.

2 Answers | Asked in Bankruptcy for Ohio on
Q: If I’m in a chapter 13, and I want to move in with my girlfriend, how will this affect the chapter 13 payment?
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Sep 8, 2021

If your plan has been confirmed, there should be no effect on your move.

There are, however, some districts in which yearly financial reports are required. If you're in one of those districts, the Ch. 13 trustee may push you to increase plan payments if your monthly living expenses...
Read more »

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