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Ohio Bankruptcy Questions & Answers
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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1 Answer | Asked in Bankruptcy, Criminal Law and Civil Rights for Ohio on
Q: Purchase of Car without title

My friend got into trapped by purchase of car without title. He was informed by the seller that he will get the title released from the bank but still seller has not paid off the loan and title is not yet released.

Now my friend is chasing the seller but seller is not responding.... Read more »

Timothy Denison
Timothy Denison answered on Feb 12, 2020

Depending on the value of the car or how much was paid, he should file a complaint in either Superior Court or the Supreme Court. He probably should consult a local debtors rights attorney who can oversee the finer points.

2 Answers | Asked in Bankruptcy for Ohio on
Q: Can I ask for a fee waiver for filing Chapter 7 if I am going to resubmit?

I filed Chapter 7 bankruptcy. I completed everything that was needed to do so. Somewhere along the lines I got confused and sent my second course completed paperwork to my trustee instead of the courts. The courts discharged my filing. I got told that I have to resubmit. I do not have the money... Read more »

Timothy Denison
Timothy Denison answered on Jan 4, 2020

Yes. You can ask for consideration in fee waiver.

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1 Answer | Asked in Bankruptcy for Ohio on
Q: On Bankruptcy Form 106 E/F what date is deemed most appropriate for "Date Debt Incurred" for Credit Card Debt?
Timothy Denison
Timothy Denison answered on Dec 30, 2019

Unless you know the exact date, just put “revolving.”

1 Answer | Asked in Bankruptcy for Ohio on
Q: On Bankruptcy Form 107, Part 3, Question 6: Do you answer yes if a creditor was paid by someone other than the debtor?

No agreement was entered into by the debtor to reimburse the individual whose funds were used to pay the creditor.

Timothy Denison
Timothy Denison answered on Dec 30, 2019

Yes. Be as honest and forthright as possible.

1 Answer | Asked in Bankruptcy for Ohio on
Q: I would like to know if suffering & pain from EEOC case exempt in chapter 13?
Timothy Denison
Timothy Denison answered on Dec 17, 2019

It depends on how it is structured in the award.

2 Answers | Asked in Bankruptcy for Ohio on
Q: I have a business that I am closing in Georgia but have recently moved to Ohio for a new job. What state should I file?

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... Read more »

Kenneth L. Sheppard Jr.
Kenneth L. Sheppard Jr. answered on Dec 16, 2019

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... Read more »

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1 Answer | Asked in Bankruptcy for Ohio on
Q: My mother is declaring bankruptcy and wants me to cash one of her checks is that legal?

My mother has declared bankruptcy and is having her wages garnished. She wants to sign a paycheck over to me and have me cash it for her. Is this legal?

Timothy Denison
Timothy Denison answered on Dec 5, 2019

If she has Actually filed bankruptcy, the stay prevents anyone from garnishing her wages so you are perfectly justified in cashing it for her if you so choose.

1 Answer | Asked in Bankruptcy, Consumer Law and Tax Law for Ohio on
Q: How to handle a difficult local tax issue?

I have tried countless time to make payment arrangements on a local tax which I owe. The agency will not negotiate with me at all. The original debt was $1600. The agency tacked on any additional $1900 in fees and interest. They will only allow 18 months to pay off the debt. I have a small... Read more »

Timothy Denison
Timothy Denison answered on Dec 4, 2019

If you file bankruptcy, it stays ALL collection efforts.

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