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Ohio Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy and Personal Injury for Ohio on
Q: chapter 11 bankruptcy and disability payments.

I injured myself at the beginning of May and I’ve been off work since then. I have a return date of October 31. I initially filed a workers comp claim but that was denied, appealed, and denied again. So I’m moving on to a disability claim. No one is disputing that I’m injured. The dispute was... Read more »

Timothy Denison
Timothy Denison answered on Sep 21, 2020

Yes, file a proof of claim for everything g you’re owed.

3 Answers | Asked in Bankruptcy and Foreclosure for Ohio on
Q: Can you get your home back if you included it in your bankruptcy and it’s going through court for foreclosure?

My circumstances have changed and I regret including my home in my bankruptcy. I didn’t know if there was any way to get an amended agreement, etc.

Kenneth L. Sheppard Jr.
Kenneth L. Sheppard Jr. answered on Sep 13, 2020

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 »

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2 Answers | Asked in Bankruptcy, Civil Litigation, Collections and Small Claims for Ohio on
Q: What information does a company like Midland Credit need to collect an unpaid debt that will hold up in court in Ohio?

Will a simple statement (without a list of transactions) work? Or do they need the original agreement and list of transactions? This is for an unpaid credit card debt that was charged off and sold to Midland Credit. (Assume you're trying to fight it without filing bankruptcy please.)

Tonya VanBenschoten
Tonya VanBenschoten answered on Sep 11, 2020

If you filed for bankruptcy after the debt was incurred and you received a discharge, all that they need is your case number.

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2 Answers | Asked in Bankruptcy, Divorce and Foreclosure for Ohio on
Q: How can I find out what my husband has done with his early withdrawn 401k funds

72000dollars

Timothy Denison
Timothy Denison answered on Sep 2, 2020

Take his deposition.

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3 Answers | Asked in Bankruptcy for Ohio on
Q: Havent had to file a tax return in years cause I don’t make enough. Going bankrupt was wondering if irs will be notified

I make under the limit to have to pay taxes. But I was wondering if agency’s like the irs, Medicaid ( I’m on Medicaid) and other government departments are automatically notified when I file? Thanks

Stuart Nachbar
Stuart Nachbar answered on Aug 26, 2020

They are not automatically notified unless you owe them money. You will have to supply the last three years of tax returns or transcripts to your counsel and the Trustee in charge of your case.

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3 Answers | Asked in Bankruptcy for Ohio on
Q: Need to file bankruptcy had one car repossessed and another up for repo now. Also many other debts.

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?

Kenneth L. Sheppard Jr.
Kenneth L. Sheppard Jr. answered on Jul 24, 2020

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 »

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1 Answer | Asked in Bankruptcy, Contracts and Real Estate Law for Ohio on
Q: Can a closed bankruptcy be reopened and reversed if a creditor perpetrated fraud on debtor caused debtor to orig file?

This involves a land contract which I know has its own set of hurdles but basically I want to know if the vendor of the land contract committed fraud or at least made known significant misrepresentation to the common pleas court can that be grounds to reopen the bankruptcy case and reverse the... Read more »

Timothy Denison
Timothy Denison answered on Jul 6, 2020

Possibly, but it would be very difficult unless the proof establishes the fraud unequivocally. Contact a competent attorney who can realistically assess your chances of success.

4 Answers | Asked in Bankruptcy for Ohio on
Q: I’m afraid of filing bankruptcy. What happens if it’s not approved?
David Luther Woodward
David Luther Woodward answered on Jul 3, 2020

I think you may have the concept all wrong. "Approval" as you suggest is not involved.

Go see a bankruptcy lawyer and complete the interview and any questionnaire given to you. Based upon that interview and the answers, the lawyer will explain your options and he can determine...
Read more »

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1 Answer | Asked in Bankruptcy and Collections for Ohio on
Q: Hello David. My question would be should the garnishment been taken out of my short term disability ?

If not how could I go about getting that money back?

Joseph Michael Romano Esq
Joseph Michael Romano Esq answered on Jun 23, 2020

There is no exemption in Ohio to protect short term disability payments (received from an insurance company, I presume) from being attached. The only way you can get it back would be to file a bankruptcy (presuming you are having financial difficulties (consult a bankruptcy attorney) and getting... Read more »

1 Answer | Asked in Bankruptcy and Collections for Ohio on
Q: My job paid me once Unum Ins was sent the doctors info. So when I got my check I saw there was a deduction.

I pay out of my check each week for the short term disability and or income replacement premium. So when my company sent the money the garnishment was already taken out in the sum of 900.00 I hope this helps. I know some states look at employer short disability as income. Not sure where Ohio fall... Read more »

David Luther Woodward
David Luther Woodward answered on Jun 23, 2020

So What is your question?

2 Answers | Asked in Bankruptcy and Collections for Ohio on
Q: I was on short term disability from job and got paid from insurance plan through work. Can that be garnished. In Ohio

I have been getting money taken out of my check for the a garnishment while I was working but thought Short term disability was exempt? It was for a old judgment.

Timothy Denison
Timothy Denison answered on Jun 22, 2020

The short term disability should be exempt!!!

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2 Answers | Asked in Bankruptcy for Ohio on
Q: What form do I file to release a judgement after bankruptcy? I live in Ohio

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 »

Timothy Denison
Timothy Denison answered on May 24, 2020

If they won’t release it after you game them proof, hire a new attorney and move to hold them in contempt for violating the stay.

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1 Answer | Asked in Bankruptcy for Ohio on
Q: What questions will I be asked by the trustee at a Chapter 7 361(a) hearing?

Nothing additional

Kenneth L. Sheppard Jr.
Kenneth L. Sheppard Jr. answered on Apr 23, 2020

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 »

2 Answers | Asked in Bankruptcy, Consumer Law and Lemon Law for Ohio on
Q: In vehicle Lemon Law, if a manufacturer files bankruptcy, does the manufacturer still have to honor lemon repurchase?

Repurchase/replacement of lemon vehicle.

Would I be better off waiting to file for lemon replacement until AFTER the manufacturer declares BK and is out of it, or would a person be better off filing BEFORE the BK is announced, and try to race the manufacturer's potential BK?

I... Read more »

Timothy Denison
Timothy Denison answered on Apr 20, 2020

Generally no. But it can be case specific so you should check with the trustee.

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1 Answer | Asked in Bankruptcy for Ohio on
Q: If a person files for bankruptcy due to high credit card debt, what kind of assets can the person retain?

The person has a house and savings account.

Kenneth L. Sheppard Jr.
Kenneth L. Sheppard Jr. answered on Mar 28, 2020

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 »

3 Answers | Asked in Bankruptcy for Ohio on
Q: In a chapter 13 and from ohio.....can the trustee take the coronavirus stimulus checks
Kenneth L. Sheppard Jr.
Kenneth L. Sheppard Jr. answered on Apr 22, 2020

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 »

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1 Answer | Asked in Bankruptcy for Ohio on
Q: If you have filed Chapter 7 Bankruptcy can you still technically pay back or settle with a debtor during the process?

If you have filed Chapter 7 Bankruptcy can you still technically pay back or settle with a debtor during the process or must you wait till after or does it even matter? For reference, it would be a unsecured credit card debt which has a cosigner. What are the legalities involving this?

Timothy Denison
Timothy Denison answered on Mar 18, 2020

You can voluntarily repay any debt at any time but I would wait until the discharge is entered before I did it. You don’t want to open a can of worms but it is permissible for you to settle with a creditor.

1 Answer | Asked in Bankruptcy for Ohio on
Q: I am involved in a chapter thirteen bankruptcy. Because of high medicine cost, I am so very far behind in bills..Help

Can I fill a chapter seven. I filed one about 5 years ago.

Timothy Denison
Timothy Denison answered on Mar 18, 2020

If you filed a Chapter 7 about five years ago, if it was discharged, you cannot file again for another 3 years. If it was not discharged, you may be able to convert your 13 to a 7 now. Consult your bankruptcy attorney to determine the best was to proceed.

1 Answer | Asked in Bankruptcy, Estate Planning, Collections and Elder Law for Ohio on
Q: Mom has Alzheimer's. I had to become authorized user on her credit card to access her account. I pay it each month.

The balance is high and its messing up my credit. Want to remove myself from the card. Will card company still allow me to contact them and make payments if I send my POA papers?

Timothy Denison
Timothy Denison answered on Mar 5, 2020

Probably, yes.

2 Answers | Asked in Bankruptcy and Elder Law for Ohio on
Q: My sister Is filing bankruptcy on a a mortgage she took out against my mothers home. Can the rest of here debts come out

if the sale of the house? The deed was once in my sisters name but my mother put it back into her name after she got the mortgage.There are many more details and we would like to know if my mother needs to hire an attorney to protect what she has left

Timothy Denison
Timothy Denison answered on Feb 27, 2020

Absolutely! Your mother needs to hire an attorney immediately to protect her rights. Your mother and your sisters right appear to be adverse.

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