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Questions Answered by Kenneth L. Sheppard Jr.
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.

Kenneth L. Sheppard Jr.
Kenneth L. Sheppard Jr. answered on Jul 25, 2019

I think an issue arises in their bankruptcy that they needed to have reported you as someone who owes them money or property. Their bankruptcy trustee would have an interest in the money you owe them. It appears you have some form of a contract with the debtor(s). The credit card creditor has a... Read more »

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2 Answers | Asked in Bankruptcy for Ohio on
Q: husband filing chapter 7 in Ohio. Son wants to buy a car for himself but he's only 16. Can i put the car in my name?
Kenneth L. Sheppard Jr.
Kenneth L. Sheppard Jr. answered on Jul 13, 2019

Yes. the bankruptcy involves only your husband's assets and debts. You (as a non-filer) are permitted to purchase a vehicle both before or after your husband files bankruptcy.

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2 Answers | Asked in Bankruptcy for Ohio on
Q: How do I know if I qualify to file chapter 7 bankruptcy? What kind of questions will a judge ask me about my debt?
Kenneth L. Sheppard Jr.
Kenneth L. Sheppard Jr. answered on Jul 1, 2019

To qualify for a chapter 7, the primary test you must pass is the means test. There are other tests, such as the residency test, etc. The means test examines the size of your household and applies a certain annual gross income threshold figure to see if you qualify. The judge doesn't ask you... Read more »

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2 Answers | Asked in Bankruptcy for Ohio on
Q: My mother died last year. My dad added me to the deed to keep everything out of probate if anything happens to him.

The house is paid off free and clear. I was in a wreck after losing insurance cause husband has cancer. I need to file chapter 7. Will anything happen to my dads house will it stop me from filing. Also how long do you have to live in a house before filing.

Kenneth L. Sheppard Jr.
Kenneth L. Sheppard Jr. answered on Mar 27, 2019

It doesn't sound as if the house is your primary residence, so the homestead exemption does not apply. Therefore, if you filed for Chapter 7 bankruptcy, one half of the value of the home is subject to liquidation. On the other hand, if the residence is your primary residence, then the homestead... Read more »

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3 Answers | Asked in Bankruptcy for Ohio on
Q: I spoke to a lawyer about qualifying for bankruptcy and she said we made too much to try back in a couple of months when

I spoke to a lawyer about qualifying for bankruptcy and she said we made too much to try back in a couple of months when we made less. But my car has stopped working so i need to trade it in to buy a new one. Is that going to prevent me from filing chapter 7 in a few months? Are there any negative... Read more »

Kenneth L. Sheppard Jr.
Kenneth L. Sheppard Jr. answered on Feb 3, 2019

Here's your possible negative ramification: Be aware of the following 30 day rule if a car loan is obtained on a vehicle right before you file bankruptcy. If your new car lienholder does not properly perfect its lien within 30 days of you taking delivery of the vehicle, then the Chapter 7 Trustee... Read more »

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2 Answers | Asked in Bankruptcy for Ohio on
Q: I have a car that I just got out of repo. Made a few months pay on it. Can I file chapter 7 and not make this payment

Will they take the car or is it protected by bankruptcy?

Kenneth L. Sheppard Jr.
Kenneth L. Sheppard Jr. answered on Dec 7, 2018

With vehicles in a Chapter 7 bankruptcy, you must inform your creditor of your intent to either keep or surrender the vehicle. That document is called a Statement of Intention. If you are not current at the time you file or if you later become delinquent on the vehicle during the bankruptcy, the... Read more »

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1 Answer | Asked in Bankruptcy for Ohio on
Q: I Live In Ohio. I Filed For Bankruptcy 20 And 10 Years Ago. Can I Do It Again. Got A Divorce. Now Behind On Bills.

The Bills Are Mainly Payday Loans. I Also Have Medical Bills That The VA Will Not Pay. I'm On Social Security.

Kenneth L. Sheppard Jr.
Kenneth L. Sheppard Jr. answered on Feb 8, 2018

Yes, the time period between filing Chapter 7 bankruptcies is 8 years. There are other requirements and things to consider to make sure your situation is handled correctly, but yes you are ok to file based upon the time period.

1 Answer | Asked in Bankruptcy for Ohio on
Q: I'm over 30,000 in debt i own my mobile home out right just had my 2014 car repo. can i file bankrupcy.
Kenneth L. Sheppard Jr.
Kenneth L. Sheppard Jr. answered on Jan 27, 2018

Your question is very broad, but I'll try to share some general information with you. Filing a bankruptcy has several requirements or components to it. The first question would be which type of bankruptcy may be appropriate given your overall situation. A Chapter 7 involves qualifying you and... Read more »

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