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Questions Answered by Daniel Frank Gigiano Esq
1 Answer | Asked in Child Custody and Divorce for Ohio on
Q: At what age can a minor decide the custody of themselves?
Daniel Frank Gigiano Esq
Daniel Frank Gigiano Esq answered on Nov 12, 2016

There is no set age. At some point, minor children begin to possess the maturity to intelligently make such decisions based on relevant reasons. Younger children may make such decisions based on arbitrary reasons such as who will give them more ice cream or out of fear of rejecting a parent. An... Read more »

1 Answer | Asked in DUI / DWI and Traffic Tickets for Ohio on
Q: I refused breathalyzer and got hit with one year als for refusal. Is it possible to reduce it to 6 months?
Daniel Frank Gigiano Esq
Daniel Frank Gigiano Esq answered on Nov 12, 2016

The ALS is for one year. However, once one pleas guilty or no contest to or is found guilty of DUI/OVI, the judge cancels the ALS suspension and can impose as little as six months license suspension. The judge could impose more than one year, too. My experience is that many judges simply impose... Read more »

1 Answer | Asked in Bankruptcy and Collections for Ohio on
Q: Can a creditor attempt to collect a debt that was filed as "Avoid lien using 11 USC 522 (f) after a Ch. 7 discharge?

I filed a Chapter 13 in Atlanta, GA, October 2015 and converted it to a Chapter 7 in the spring of 2016. I had a judgment for a college debt that is not a student loan and it was listed as "Avoid lien using 11 USC 522 (f)" due to previous garnishments of my paycheck. The bankruptcy was... Read more »

Daniel Frank Gigiano Esq
Daniel Frank Gigiano Esq answered on Nov 12, 2016

You should send them a copy of your bankruptcy discharge notice. The creditor's attorney may only be looking in Ohio federal courts, instead of the national database. If they continue to pursue you after sending them the notice, you may be entitled to damages for violation of your rights... Read more »

1 Answer | Asked in Bankruptcy for Ohio on
Q: can wife file bakruptcy and not affect me?
Daniel Frank Gigiano Esq
Daniel Frank Gigiano Esq answered on Nov 12, 2016

Your wife's bankruptcy will not affect your credit. As long as you can apply for a loan without having to list your wife's income, you should be able to rely on your own creditworthiness. However, if she transferred ownership of any property to you recently, the bankruptcy trustee may... Read more »

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