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Ohio Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy for Ohio on
Q: Is there a statute of limitations when attempting to recover unclaimed funds after a chapter 13 discharge?

I filed a chapter 13 in 1999. I received a discharge, never thought anything else about it, and went on to improve my life. I recently received a letter from a private investigator in Arizona stating that, for a small fee, they would collect the unclaimed funds being held by the bankruptcy court... Read more »

Timothy Denison
Timothy Denison answered on Apr 8, 2022

If the funds are still there, you should still be able to recover them.

3 Answers | Asked in Bankruptcy, Consumer Law and Small Claims for Ohio on
Q: Debt collector is suing me in court in indiana. I currently live in Ohio. I havnt lived in Indiana since 2015.

They want me to set up payment or go to court. I can’t go to court it’s 7 hours away can’t take off of work. Is there anything I can do or can I just ignore it?

David Luther Woodward
David Luther Woodward answered on Apr 5, 2022

Talk to a bankruptcy lawyer in your community to help you evaluate your options.

Good Luck

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1 Answer | Asked in Bankruptcy for Ohio on
Q: How long after bankruptcy is finalized in Ohio can I sell my house?
Timothy Denison
Timothy Denison answered on Apr 4, 2022

As soon as the final decree is entered.

1 Answer | Asked in Bankruptcy and Tax Law for Ohio on
Q: I was placed a lawsuit on me for back city taxes. I Wasnt notified of this action, and

They put a offset on my federal taxes and Wasnt aware no action, filed bankruptcy and it should of been discharged

Timothy Denison
Timothy Denison answered on Mar 1, 2022

What is your question?

2 Answers | Asked in Bankruptcy for Ohio on
Q: I am 3 years into a Chapter 13 paying 70% of debt. My income has risen 25% + over the last 1 1/2. I need some advise.

I am faced with having my monthly payment increase significantly and I am in a better position to pay my creditors 100%. I am thinking of asking for a voluntary dismissal but have some questions, pros and cons. First after dismissal I assume my creditors will come after me but can I negotiate to... Read more »

David Luther Woodward
David Luther Woodward answered on Jan 19, 2022

This is a question you should be asking your lawyer. No Lawyer? Get one.

I don't know your case so anything I make say could easily be wrong. Someone familiar with your file should take a look

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3 Answers | Asked in Bankruptcy for Ohio on
Q: My dad is 61 he wants to file for bankruptcy but he's on a fixed income through ssd he's on dialysis how should he file?
W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Jan 10, 2022

The principal eligibility requirement for a Ch. 13 filing is a periodic income. The SSD provides that. There are limits, however, to the amount of debt a debtor may have, and a Ch. 13 case usually lasts for three to five years, during which a debtor must make payments to a Ch. 13 trustee,... Read more »

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1 Answer | Asked in Bankruptcy for Ohio on
Q: My husband stole some money from his employer. The case was expunged after months of community service. Then the

Employer & his insurance companies sued in civil court for the stolen amounts plus legal fees and were awarded a summary judgement. He is now facing bankruptcy due to this summary judgement debt. I have learned debts that were achieved as a result of theft are generally not dischargeable - (11... Read more »

Timothy Denison
Timothy Denison answered on Dec 29, 2021

It is still not dischargeable and will have to be repaid if they got a judgment against him.

2 Answers | Asked in Bankruptcy for Ohio on
Q: If an attorney knowingly filed a ch 13 when you qualified for a ch 7 what would be considered acceptable punitive damage

None

Timothy Denison
Timothy Denison answered on Oct 20, 2021

That behavior probably doesn’t rise to the level of conduct necessary to award punitive damages.

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1 Answer | Asked in Bankruptcy for Ohio on
Q: Is ge credit union allowed to freeze my bank acct. While in ch.7 with a right of offset? Before ch.7 court date?
Timothy Denison
Timothy Denison answered on Oct 15, 2021

No. Not if the bankruptcy has already been filed.

2 Answers | Asked in Bankruptcy for Ohio on
Q: GE credit union took my money out my account for a car loan while in ch.7 bankruptcy before I could surrender the car

Can they do that?

Timothy Denison
Timothy Denison answered on Oct 15, 2021

No. Not if they were on notice of the bankruptcy filing.

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2 Answers | Asked in Bankruptcy for Ohio on
Q: I'm answering a complaint. And it says plaintiff does not seek an award of attorney fees contractual or statutory

Interest after date of charge off. How do I answer this correctly? Thanks

Cristina M. Lipan
Cristina M. Lipan answered on Sep 21, 2021

If you're trying to answer a complaint, it sounds like you are the defendant, not the plaintiff. If it says, the plaintiff is not seeking attorneys fees, there is nothing for you to answer. If that's the case, this could be answered with, "Defendant lacks sufficient information to... Read more »

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1 Answer | Asked in Bankruptcy, Contracts and Copyright for Ohio on
Q: Is it legal to sell someone's else stuff without their knowledge or consent?

Until my lease for my new apartment began, I stayed at my friend's place for a month. Recently when moving in, I forgot some items at the friend's place. The next day after move-in, I asked the friend if I can go to their place and collect my remaining items. They said they were out of... Read more »

Timothy Denison
Timothy Denison answered on Sep 8, 2021

Take a criminal complaint against the boyfriend for theft and conversion.

2 Answers | Asked in Bankruptcy for Ohio on
Q: If I’m in a chapter 13, and I want to move in with my girlfriend, how will this affect the chapter 13 payment?
W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Sep 8, 2021

If your plan has been confirmed, there should be no effect on your move.

There are, however, some districts in which yearly financial reports are required. If you're in one of those districts, the Ch. 13 trustee may push you to increase plan payments if your monthly living expenses...
Read more »

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1 Answer | Asked in Employment Law, Bankruptcy, Tax Law and Arbitration / Mediation Law for Ohio on
Q: Can an employer be pursued for monies incorrectly withheld and paid to a municipality due to an acknowledged error?

Hired in 2005, I moved to a virtual role during 2012. Following a bankruptcy discharge in 2018 I was notified of a municipal income tax deficiency owed to my residence city. Upon receipt of the notification I worked with the tax authority to attempt to reconcile. This included providing copies of... Read more »

Timothy Denison
Timothy Denison answered on Sep 1, 2021

Yes.

2 Answers | Asked in Bankruptcy and Divorce for Ohio on
Q: Hi! File bankruptcy now or wait on half of 401K funds due to me from QDRO? Also,CC comp suing me. Court hearing soon

No clue what to do first. Divorce decree from OCT states that I intend to file for bankruptcy. However, QDRO funds are WAY overdue due to negligence of ex, his lawyer,both…so it’s costing me money in lawyer fees every month chasing them down. I’m broke. Now I can’t afford to pay another... Read more »

Cristina M. Lipan
Cristina M. Lipan answered on Aug 4, 2021

This is not legal advice. However, there is case law that says retirement funds owed by the ex spouse through a divorce settlement is an non-exempt interest and property of the estate (meaning a bankruptcy trustee can take it to pay creditors). However, retirement accounts are exempt, and a QDRO... Read more »

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5 Answers | Asked in Bankruptcy for Ohio on
Q: I have filed chapter 7 pro se and the trustee is about to take action to sell my inherited property

I thought chapter 7 protected the property but the trustee says he will use the finance from the sale to pay my debts. The will was not put through probate court in 2016 when I received the wills. Based on this information, what remedy do I have?

Michael Hollins Sr.
Michael Hollins Sr. answered on Jun 28, 2021

It is not advisable to file a bankruptcy petition without using a qualified, licensed attorney who could make sure that all of your assets are covered, or in the alternative, choose to file a different type of bankruptcy petition. Without reviewing your petition to see exactly how your exemptions... Read more »

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1 Answer | Asked in Bankruptcy, Consumer Law and Collections for Ohio on
Q: Is it to late to file exemption once the garnishment stops

Sorry I meant start? Also I gave all my income information to the creditors lawyer and they were suppose to call me back to agree on a payment plan and never got back with me once they received my income they just went forward with the garnishment.

Timothy Denison
Timothy Denison answered on Jun 10, 2021

Yes.

2 Answers | Asked in Bankruptcy for Ohio on
Q: Current lawyer handling family issues. Should I seek a new one?

In an open 13. Have urgent issue that need attention immediately. I contacted them last week and no response from them. The attorney is in private practice.

Concerned.

Thanks

Timothy Denison
Timothy Denison answered on May 7, 2021

Schedule an appointment and go see them in person.

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2 Answers | Asked in Bankruptcy for Ohio on
Q: My employer just filed for Chapter 11. I haven’t told them I’m pregnant yet but I plan to in a couple weeks .

I would like to know if my insurance could be affected by this chapter 11 and if I will still get my maternity leave the way that I would have prior. Also could me being pregnant put a target on my back for my job?

Cristina M. Lipan
Cristina M. Lipan answered on Jan 25, 2021

It depends on the specific facts of the chapter 11 case. Usually in a chapter 11, the business can continue operating. That means they may continue paying certain operating expenses, like employee benefits (with court approval). However, in the event the chapter 11 case doesn't go well, the... Read more »

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1 Answer | Asked in Bankruptcy and Workers' Compensation for Ohio on
Q: Ohio Worker's Compensation Tax as an Employer

I am being pursued by a collection for Ohio worker's compensation taxes I owed as a small business (unincorporated) owner from 1992. My business went bankrupt in 1992, and I filed bankruptcy and my taxes were discharged (but I don't have proof worker's compensation was) in 1996.... Read more »

James Monast
James Monast answered on Jan 15, 2021

The BWC has an Adjudication Committee (at least they used to years ago when I worked there) where you can present your situation. It used to come up when employers were non-complying (I.e., hadn't had premiums) or coverage had lapsed for a few days and then got hit with a huge penalty. They... Read more »

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