Indefinitely. You did not file your tax returns. The statute of limitations for collections does not apply when a taxpayer does not file the tax return. You need to become compliant by filing the tax returns and then set up a payment plan after they calculate penalties and interest.
ODT has 7 years from the date of assessment to file a suit against the taxpayer. Once the judgment is rendered then the ODT/OAG has 15 years to collect. If no tax return was ever filed, then there is no statute of limitation to collect.
No. There is no inheritance tax in Ohio, but other states there may be. Ohio has an estate tax which the estate pays on the value of the gross estate. Of course, once you receive your inheritance if there is growth on the asset, then you pay income tax on that growth only.
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 »
No. You only list creditors on your bankruptcy schedules that you owe. In Ohio, you would be asked to provide your last two years of income tax returns to the trustee. However, if you are not required to file income tax returns, then that fact will be communicated to the trustee.
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 »
I understand your fear. Good news is that an experienced Chapter 7 and 13 bankruptcy lawyer will be able to share with you the pros and cons of each type of bankruptcy. Chapter 7 and 13 are similar but different. You need to know what would happen given your specific facts. I hope this helps a...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 »
This is going to be an issue for reopening your case and then filing a motion to avoid judicial lien. This is the most common way to address this issue. You should seek your bankruptcy attorney's assistance or hire other counsel to help you. Probably a difficult task to take on yourself.
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 »
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 »
We have heard from the chapter 13 trustees in the Southern District that they are not pursuing or accounting for the stimulus check(s). I have not seen any case in Northern or Southern District (in a Chapter 7 case) yet where the trustee is pursuing the recovery of the stimulus check(s). We...Read more »
I have building, property and contents on a SBA loan that is 2 months behind as well as personal guarantees on with vendors for product and supplies. My personal / business credit card are maxed out trying to save the business.
I have recently moved to Ohio to take a new job that pays me... Read more »
I would need to know more about the business as to whether a Chapter 7 business filing is necessary or whether you should wind down the business entity outside of a bankruptcy context. Your personal guarantee leads me to believe a personal Chapter 7 or 13 may be necessary. There are rules about...Read more »
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.
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 »
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 »
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.
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...Read more »
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 »
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...Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.