I thought chapter 7 protected the property but the trustee says he will use the finance from the sale to pay my debts. The will was not put through probate court in 2016 when I received the wills. Based on this information, what remedy do I have?
It is not advisable to file a bankruptcy petition without using a qualified, licensed attorney who could make sure that all of your assets are covered, or in the alternative, choose to file a different type of bankruptcy petition. Without reviewing your petition to see exactly how your exemptions...Read more »
Sorry I meant start? Also I gave all my income information to the creditors lawyer and they were suppose to call me back to agree on a payment plan and never got back with me once they received my income they just went forward with the garnishment.
I would like to know if my insurance could be affected by this chapter 11 and if I will still get my maternity leave the way that I would have prior. Also could me being pregnant put a target on my back for my job?
It depends on the specific facts of the chapter 11 case. Usually in a chapter 11, the business can continue operating. That means they may continue paying certain operating expenses, like employee benefits (with court approval). However, in the event the chapter 11 case doesn't go well, the...Read more »
I am being pursued by a collection for Ohio worker's compensation taxes I owed as a small business (unincorporated) owner from 1992. My business went bankrupt in 1992, and I filed bankruptcy and my taxes were discharged (but I don't have proof worker's compensation was) in 1996.... Read more »
The BWC has an Adjudication Committee (at least they used to years ago when I worked there) where you can present your situation. It used to come up when employers were non-complying (I.e., hadn't had premiums) or coverage had lapsed for a few days and then got hit with a huge penalty. They...Read more »
I injured myself at the beginning of May and I’ve been off work since then. I have a return date of October 31. I initially filed a workers comp claim but that was denied, appealed, and denied again. So I’m moving on to a disability claim. No one is disputing that I’m injured. The dispute was... Read more »
Is the bankruptcy still open or is it closed? Did you receive a discharge or a dismissal? Is it or was it a Chapter 7 or 13? The first thing I would advise is to talk to your bankruptcy attorney if you had one. You need to sit down with your attorney or another attorney who handles bankruptcy so...Read more »
Will a simple statement (without a list of transactions) work? Or do they need the original agreement and list of transactions? This is for an unpaid credit card debt that was charged off and sold to Midland Credit. (Assume you're trying to fight it without filing bankruptcy please.)
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?
You should act very quickly to file becore the car you wish to keep is sold by the creditor via auction. Tax debt can be dischargeable but there are certain requirements that must be met. Student loan debt is not normally dischargeable unless you can prove undue hardship, which is very difficult to...Read more »
This involves a land contract which I know has its own set of hurdles but basically I want to know if the vendor of the land contract committed fraud or at least made known significant misrepresentation to the common pleas court can that be grounds to reopen the bankruptcy case and reverse the... Read more »
I think you may have the concept all wrong. "Approval" as you suggest is not involved.
Go see a bankruptcy lawyer and complete the interview and any questionnaire given to you. Based upon that interview and the answers, the lawyer will explain your options and he can determine...Read more »
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...Read more »
I pay out of my check each week for the short term disability and or income replacement premium. So when my company sent the money the garnishment was already taken out in the sum of 900.00 I hope this helps. I know some states look at employer short disability as income. Not sure where Ohio fall... Read more »
I filed bankruptcy and it was discharged in 2018. A judgement was included in the bankruptcy, but the court is still showing it as open. I mailed them a copy of my discharge papers and of schedule E&F showing the debt was included. I also wrote a letter asking them to update their records and... Read more »
I believe you meant 341(a) hearing. Section 361 of the bankruptcy code deals with adequate protection payments. At the Meeting of Creditors (aka 341 the Meeting of Creditors) the chapter 7 trustee will ask questions regarding your petition and schedules you previously submitted. For example, the...Read more »
Would I be better off waiting to file for lemon replacement until AFTER the manufacturer declares BK and is out of it, or would a person be better off filing BEFORE the BK is announced, and try to race the manufacturer's potential BK?
There are Ohio state law exemptions that are applied to any equity in any asset to protect it from the Chapter 7 trustee. The Ohio Homestead exemption is $145,425, so most homes are protected in a Chapter 7. For savings accounts, you can apply the cash on hand and the wildcard exemptions, which...Read more »
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