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Ohio Bankruptcy Questions & Answers
3 Answers | Asked in Bankruptcy, Business Law and Estate Planning for Ohio on
Q: Can I file bankruptcy to manage franchise loan and keep my home?

I've been diagnosed with stage 4 cancer and am currently unable to work. I own a tool company structured as an LLC, which has a franchise loan I'm unable to pay. My wife and I are managing to keep up with our house payments, which we intend to continue paying. My wife has disability... View More

Nicholas P. Weiss
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answered on Mar 5, 2025

You can't pick and choose creditor's in bankruptcy. That said, it is very common for people to go through bankruptcy, and then once the debt is discharged or adjusted to reaffirm their mortgage to avoid foreclosure.

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2 Answers | Asked in Foreclosure, Bankruptcy and Landlord - Tenant for Ohio on
Q: Can my friend file for an emergency stay or bankruptcy to delay eviction?

My friend has received a formal eviction notice and must vacate his home by this Monday due to being behind on payments with his mortgage company. We're wondering if there's enough time to file a petition for an emergency stay to delay the eviction or if bankruptcy would be a viable... View More

Timothy Denison
Timothy Denison
answered on Feb 27, 2025

As soon as you file the bankruptcy, an automatic stay is in place. Nothing else need be filed at this point.

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2 Answers | Asked in Bankruptcy and Social Security for Ohio on
Q: If I am making 1,000$ a month on social security can chapter 13 take my whole check away every month?
Timothy Denison
Timothy Denison
answered on Feb 4, 2025

Chapter 13 is a voluntary repayment plan and does not take anything from your Income. You make payments f ty om whatever source of funds you may have. Contact a bankruptcy attorney to see if you qualify for either a 7 or 13 bankruptcy.

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2 Answers | Asked in Bankruptcy for Ohio on
Q: Needing to file Bankruptcy, I have tried to do a debt consolidation, I can't afford it I need to be completely debt free

I have several credit cards car payment which is almost done. can't afford rent and can't afford to move just stuck and falling deeper into debt.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Dec 26, 2024

It's important to know that a "debt consolidation" entity can only get some reduction in debt that any creditor AGREES to give.

No one other than the federal bankruptcy court has the power to discharge a debt.

I've had numerous clients who have complained about "debt consolidators.

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1 Answer | Asked in Bankruptcy for Ohio on
Q: We need help/advice today, on bankruptcy. We're about to lose house and only car we have. Louisville, ohio

Need reasonable, or easy payment plan, also.thanks

James L. Arrasmith
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answered on Dec 8, 2024

I hear how difficult and stressful this situation must be for you and your family. Financial hardship that threatens your home and vehicle can feel overwhelming, but there are options available to help you through this.

For immediate assistance in Louisville, Ohio, you can contact Southeast...
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1 Answer | Asked in Bankruptcy for Ohio on
Q: Can I pause my installment agreement payments to pay towards a chapter 13 bankruptcy
James L. Arrasmith
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answered on Nov 24, 2024

If you're currently making payments on an IRS installment agreement and considering Chapter 13 bankruptcy, you'll need to notify the IRS immediately about your bankruptcy filing.

Once you file for Chapter 13 bankruptcy, the automatic stay goes into effect, which temporarily stops...
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2 Answers | Asked in Bankruptcy for Ohio on
Q: Can I pause my installment agreement to pay for my chapter 13 bankruptcy
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Nov 23, 2024

An "installment agreement" for what? Youe house, a car, a debt consolidation program?

There are various ways to pay for a Ch. 13 bankruptcy, but to answer your question reliably, a practitioner will need your fully detailed financial situation.

Confer with an experienced...
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2 Answers | Asked in Bankruptcy and Collections for Ohio on
Q: Can a creditor garnish my SSI/bank account if that is my only income?
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Oct 23, 2024

A creditor may issue a garnishment to your depositary institution, which puts a (bank) hold on your account, but it is on you to file a prompt Objection (in PA, your Objection is filed with the issuing Sheriff, and must be filed in ten days from date of garnishment summons). And your bank... View More

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2 Answers | Asked in Bankruptcy, Traffic Tickets, Appeals / Appellate Law and Collections for Ohio on
Q: I have had my license suspended for over 10 years, for an accident I wasn't at fault for how do I get it back

I was in an accident died the person at fault, same judge sent me to prison(which didn't transport me) to the 3 hearings scheduled and later made the judgement on me to pay their attorney fees? What should I do? 16k $ is too much to pay

Timothy Denison
Timothy Denison
answered on Oct 21, 2024

Make arrangements to pay the judgment (1) in full; (2) in installments or (3) file bankruptcy on all of your debt.

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1 Answer | Asked in Bankruptcy for Ohio on
Q: I know 401k loans aren't dischargeable but where do I indicate the payment is coming from bank account not my paycheck
James L. Arrasmith
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answered on Aug 23, 2024

When you file for bankruptcy, 401(k) loans are generally not dischargeable, but it's important to accurately represent how you are repaying them. If you're making the loan payments from your bank account instead of directly from your paycheck, you should make sure this information is... View More

1 Answer | Asked in Bankruptcy for Ohio on
Q: Will my secured debt creditor take the initiative to repossess the property?

I filed for a chapter 7 bankruptcy earlier this year and received a discharge judgement in May of 2024. Along with my unsecured credit card debt, the bankruptcy also discharged a secured debt in the form of an auto loan. I had not signed the provided reaffirmation agreement provided by the creditor... View More

James L. Arrasmith
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answered on Jun 30, 2024

Based on the information provided, here's an analysis of your situation:

1. Discharge of secured debt: While your Chapter 7 bankruptcy discharged your personal liability for the auto loan, it did not eliminate the creditor's security interest in the vehicle.

2....
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1 Answer | Asked in Bankruptcy, Tax Law and Collections for Ohio on
Q: What form do I fill out to set aside a default judgment in Lucas County OH?

I have a default judgment in Lucas County OH and but was not properly served (wrong address) and my taxes were included in my bankruptcy.

James L. Arrasmith
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answered on Mar 6, 2024

In Lucas County, Ohio, if you're seeking to set aside a default judgment due to not being properly served or because the debt was included in your bankruptcy, you will need to file a motion with the court. This legal document is commonly referred to as a "Motion to Set Aside Default... View More

2 Answers | Asked in Bankruptcy, Car Accidents and Personal Injury for Ohio on
Q: I was discharged after filing chapter 7 in August of last year. Was involved in car accident in February 2024. She is at

.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Feb 11, 2024

Unlike many states (like PA), Ohio does not permit a debtor to choose between the state and federal exemption lists; an Ohio resident can choose only those exemptions granted by the state of Ohio.

While it appears that the Ohio exemptions might have protected your auto accident recovery,...
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2 Answers | Asked in Bankruptcy and Tax Law for Ohio on
Q: I loaned someone $6,000 and they filed bankruptcy. Call me petty but I want to issue a 1099-C

I don’t know if the bankruptcy itself would make him responsible for paying taxes on the income although it was forgiven, but from my understanding, they still can be required to pay the taxes on the income, although the debt was forgiven? Also, I know the person Social Security number,he gave it... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jan 10, 2024

Issuance of a form 1099 is a prerequisite for you to deduct the bad debt from taxable income.

However, before you do that, check the bankruptcy code provision concerning tax effects of the resulting insolvency of a debt receiving a discharge (much taxable income is forgiven by that statute,...
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1 Answer | Asked in Bankruptcy for Ohio on
Q: i filed chapter 13 to save my house, now they have taken my house and no one can tell me where money went

4 years 7 months they dismissed my bankruptcy, i lost my house and no one can tell me where any of yhat money went.

Timothy Denison
Timothy Denison
answered on Dec 17, 2023

Have your lawyer request the administrative accounting from your case and see how the money was allocated and spent.

3 Answers | Asked in Bankruptcy for Ohio on
Q: I moved from another state and filed bankruptcy 1 1/2 yrs later. Attorney filed for Oh not the other state.

Am I responsible for their mistakes. They are now trying to take exempted property, or tell me I have to pay $20,000 to the trustees.

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Nov 8, 2023

Every voluntary bankruptcy case is commenced by the filing of a bankruptcy petition, signed by the debtor, under penalty of perjury. The debtor's signature constitutes the sworn testimony of the debtor that whatever the Petition says is true and correct, and that sworn oath applies to the... View More

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2 Answers | Asked in Bankruptcy for Ohio on
Q: Can I be forced to sell a car?

I work part time, and make only $11.00 an hour. I'm in the midst of a divorce, and a friend is willing to help me get a car outright and put it in my name. It won't be valued over 4k. Can I be forced to sell that car if I filed bankruptcy, or at all? I don't make enough for... View More

Timothy Denison
Timothy Denison
answered on Aug 29, 2023

No. Cars are exempt up to $3,500.

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1 Answer | Asked in Bankruptcy for Ohio on
Q: I know it doesn't on the means test side, but does VA disability on schedule j cause a 7 to be a 13?

I'm in SW Ohio, disabled veteran with 3800 in disability each month, my wife's not filing and makes 1850 after taxes. Even with the deductions, the schedule j would push me into a chapter 13 if I had a normal income. Is VA disability actually considered "disposable income"? Thank you for any help

James L. Arrasmith
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answered on Sep 8, 2023

It is important to note that while VA disability benefits are excluded from the means test calculation utilized in Chapter 7 bankruptcy cases, they can be considered as part of your income in the Schedule J, where you list your monthly expenditures, in the determination of your disposable income.... View More

1 Answer | Asked in Bankruptcy, Contracts, Civil Litigation and Communications Law for Ohio on
Q: How can get my ex off the title of my car?

My ex and I bought a car together. I make all the payments, pay for the insurance and keep up on all maintenance. I am still making payments on the car to this day but I no longer live in the same state as when we purchased. The title is MI and I live in OH. He has since filed for bankruptcy and is... View More

Timothy Denison
Timothy Denison
answered on Jun 16, 2023

File a motion to have him execute the title in your divorce case as he has been relieved of liability for it by virtue of his bankruptcy.

2 Answers | Asked in Bankruptcy for Ohio on
Q: Can my non filing spouse pay cash for a motorcycle while I am in a chapter 7 bankruptcy?

I have filed chapter 7 bankruptcy (not discharged yet), my wife is a non filer. Can she pay cash for a motorcycle she wants while I am in chapter 7, and not it affect my bankruptcy?

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Jun 9, 2023

Did you file your bankruptcy with counsel? If so, that lawyer is your best source of advice, because your question gives no factual background, e.g., what info is in your schedules, and whether a decision has yet been made about whether your filing is an abuse of the bankruptcy process, e.g.,... View More

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