Lawyers, Answer Questions  & Get Points Log In
Ohio Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy for Ohio on
Q: Can you still file the bankruptcy if you cant find the title ti your car?
David Luther Woodward
David Luther Woodward
answered on Dec 26, 2022

of Course, you can!

Your DMV can sell you a new duplicate title for a matter of bucks, but having the title is not a necessity to filing a bankruptcy, but a good lawyer is.

Good Luck.

d

View More Answers

1 Answer | Asked in Bankruptcy, Civil Litigation, Collections and Foreclosure for Ohio on
Q: My mother-in-law was served papers recently. In them she is marked as a judgment creditor. What does this mean?

The case seems to be a default on a property owned by someone possibly attach to her we are unsure on what the complaint in the case is but they have her marked as a judgment creditor in the concerned parties information.

Tim Akpinar
Tim Akpinar
answered on Dec 12, 2022

An Ohio attorney could advise best, but it looks like your question was overlooked under the general Uncategorized heading. You could try reposting under Collections, Foreclosure, Bankruptcy, and Civil Litigation. This looks like something for attorneys who practice in one of those areas. Good luck

1 Answer | Asked in Appeals / Appellate Law and Bankruptcy for Ohio on
Q: Can a civil defendent whose case is stayed by bankruptcy, file a counterclaim in the same, and ask for damages? In Ohio.
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Dec 6, 2022

You don't identify which party is the debtor in bankruptcy.

The automatic stay is triggered by the filing of a bankruptcy case, and prohibits any action against the debtor or property of the debtor's bankruptcy estate (which is very broadly defined).

If the proposed...
Read more »

2 Answers | Asked in Bankruptcy for Ohio on
Q: My husband and I paid for a chapter 7 bankruptcy but never ended up filing, can I get the money back from the attorney?

We paid $1,028 for the whole bankruptcy in Ohio but we never ended up doing anything for it and moved to Michigan. $200 went to have the attorney start working on things the $800 covered paperwork/filing ect… I was wondering if I can get the $800 back?

Mr. Chad Van Horn
PREMIUM
Mr. Chad Van Horn
answered on Nov 9, 2022

Did you sign a retainer or engagement letter? If so, you should review that to determine your rights. If the fee is non-refundable you would not have a right to get it back but the attorney may work with you on a partial refund.

View More Answers

3 Answers | Asked in Divorce and Bankruptcy for Ohio on
Q: I am a cosigner on a car loan for my ex husband in the process of divorce and he is purposely not paying the loan

To ruin my credit he won't pay for it I have text to prove it as well

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Oct 29, 2022

Probably your most effective path to redress this problem is through your divorce lawyer and the domestic relations court. From the outset of a divorce case, or shortly thereafter, the court deals with the issue of temporary support, or support pendente lite, and that involves, in part, the... Read more »

View More Answers

1 Answer | Asked in Banking, Contracts and Bankruptcy for Ohio on
Q: How can I back out or cancel a Hvac company/Wells Fargo contract after months or years have passed?
Timothy Denison
Timothy Denison
answered on Oct 17, 2022

Most likely you cannot unless there has been a breach or it has a termination clause.

1 Answer | Asked in Bankruptcy for Ohio on
Q: I've already retained a lawyer for filing bankruptcy but they won't do anything until they are completely paid in full.

I just received a summons by mail for a credit card I may owe. How should I handle the summons? Ohio

Timothy Denison
Timothy Denison
answered on Sep 17, 2022

Give it to your bankruptcy lawyer.

2 Answers | Asked in Bankruptcy and Car Accidents for Ohio on
Q: I’m being sued for $12,000 for a car accident that was legally my fault. Would I be able to file bankruptcy?
Joseph Michael Romano Esq
Joseph Michael Romano Esq
answered on Aug 10, 2022

It depends on the cause of the accident. Don't answer that in this thread. You'll need to sit with an attorney to discuss what happened in order to see whether the debt to be incurred would be dischargeable in a bankruptcy.

View More Answers

1 Answer | Asked in Bankruptcy for Ohio on
Q: Im filing for bankruptcy but my lawyer has failed on his end I believe

Yesterday's court was to dismiss my case and he failed to call in I have done everything asked and he even sent me the wrong bankruptcy papers they had someone else's name on them a paralegal has emailed a couple times and says I still need to drop the paperwork off to the courthouse with... Read more »

Timothy Denison
Timothy Denison
answered on Aug 4, 2022

You may need to get a partial refund from lawyer #1 and hire another lawyer to properly handle. Lawyer #1 doesn’t sound terribly interested in your case.

1 Answer | Asked in Car Accidents, Bankruptcy and Collections for Ohio on
Q: I live in ohio. I was unaware my insurance lapsed. I let my son use my car. He had an wreck. Other car was totaled

The insurance company is suing me and my 18 year old son for almost 30 thousand. I own a car and a double wide mobile home on a rented lot. We do not have money like that, none in savings. I also have 2 other children who live here. The insurance company said they will get their money by all means... Read more »

Tim Akpinar
Tim Akpinar
answered on Jul 9, 2022

An Ohio attorney could advise best, but your question remains open for two weeks. I'm sorry about the accident. I hope your son and everyone else are okay. It sounds like you are being pursued by the carrier's subrogation department. At this point, you could consider reaching out to... Read more »

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

View More Answers

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

d

View More Answers

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.
PREMIUM
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 »

View More Answers

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.

View More Answers

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.