7 and/or 13 may be available to you. The answer depends on equity, income, and other issues involve being current on the mortgage. A much closer analysis with you is needed before any bankruptcy attorney can properly answer the question. Great question though. The attorney can review your specific...View More
Yes. Both attorney answers are correct. Speak with your divorce lawyer if you have one. Temporary support orders is the most effective way to address this matter. Have your texts ready to be easily reviewed by your counsel. If no counsel, make sure to bring those texts with you to court for the...View More
If his sole source of income is SSDI, then he may need to look at doing nothing. My suggestion is that he speak with an experienced bankruptcy attorney to discuss the consequences of not filing at all and filing either type of bankruptcy. More info is needed because the advice could go in a few...View More
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...View 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...View 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...View 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... View 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...View 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...View 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...View 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... View 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...View 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...View More
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