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Ohio Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy for Ohio on
Q: ucc lien on house that I need to sell.

Filed 10 years ago not realizing this was a secured debt and included it in chapter 7. No one ever contacted me for a reafirmation or to see what I wanted to do with it. My attorney never mentioned the lien. Is there anyway to get it removed? I thought the chapt 7 got rid of it.

Timothy Denison
Timothy Denison answered on Sep 30, 2019

You can reopen the chapter 7 and ask the court to avoid the lien on your house. It would be advisable to have a lawyer do this for you.

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2 Answers | Asked in Bankruptcy for Ohio on
Q: If you're in bankruptcy, can a court where you live harass you for payment of property taxes?

I feel like I'm being harassed.

Timothy Denison
Timothy Denison answered on Sep 23, 2019

No, but the operative questions is really whether you are actually being harassed.

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1 Answer | Asked in Bankruptcy for Ohio on
Q: Can I try to contact my debtors during the automatic stay?

I am considering asking for a dismissal since I am in a better situation but I want to see if my creditors will work with me before I make that decision.

Timothy Denison
Timothy Denison answered on Sep 19, 2019

You can contact them but they probably won’t talk to you out of fear of violating TL the stay.

1 Answer | Asked in Bankruptcy for Ohio on
Q: I need to file bankruptcy. I need the most reasonable lawyer out there. I don't have much money.

I pay the rent and electric which is 650 and 258. I don't have the money for bills or to pay the stuff in collection. I live in Middlefield we have no car and I'm in a wheelchair. I only make 1397 on SS. I REALLY don't know what to do

Help

Timothy Denison
Timothy Denison answered on Sep 13, 2019

Contact your local bar association or legal aid society and they can refer you to some lawyers who can help you.

2 Answers | Asked in Bankruptcy, Consumer Law and Collections for Ohio on
Q: My boyfriend got a letter in the mail from ford that they have a motion to release fund, what does this mean?

He has been being garnished for about 5 months now and we just got a letter in the mail saying the court has granted the plaintiffs (ford) the motion to release funds.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 13, 2019

It means that Ford asked the court to release the money collected from your boyfriend's garnishment and that the request has been granted. Say goodbye to the money.

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4 Answers | Asked in Bankruptcy and Small Claims for Ohio on
Q: Are you legally required to continue paying charges on a credit card if the cardholder files bankruptcy?

I am not a joint card holder. My name is no where on the account. They just helped me out when I was having money issues and I agreed to pay a monthly amount until the balance was paid off. Now, there is no balance and they keep taking my money even though they no longer owe the amount.

Clark Dray
Clark Dray answered on Jul 25, 2019

I'm sorry, your question it's a little vague so this might not be what you're asking. If you're a joint account holder on the card, your liability isn't discharged by your co-debtor's bankruptcy. This means that they can come after you if you stop paying.

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2 Answers | Asked in Bankruptcy for Ohio on
Q: husband filing chapter 7 in Ohio. Son wants to buy a car for himself but he's only 16. Can i put the car in my name?
Timothy Denison
Timothy Denison answered on Jul 13, 2019

yes. as long as you are not filing, no worries.

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2 Answers | Asked in Banking and Bankruptcy for Ohio on
Q: Bank took $100 out of my account after I filed Chapter 7.

My wife and I entered Chapter 7 bankruptcy just 5 days ago. 3 days ago my bank removed #100 from my checking account, and when I contacted them, they verified it was them and they took it for "processing" the bankruptcy notice. This account has been positive and current for 15 years, with no risk... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 5, 2019

The bank did not "levy" your account. The bank imposed a service charge that they (presumably) informed all their customers would happen if the customer caused the bank significant work processing the notice of bankruptcy papers they received. (BTW: Your bankruptcy lawyer should have told you... Read more »

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4 Answers | Asked in Bankruptcy and Divorce for Ohio on
Q: Do I have to have a finalized divorce before I can file bankruptcy?

I am still legally married. We have lived separately for well over 4 years. I would like to file bankruptcy. I've been told that in order to do so that we both would have to file. He doesn't want to. I need an idea of where to start. Should I start the divorce first or is there a way to do the... Read more »

Stuart Nachbar
Stuart Nachbar answered on Jul 3, 2019

In New Jersey, if you are living separate and apart, then it is possible to file without your spouse. The consideration of deciding whether to divorce first or file first, is a question better suited for an in depth discussion with a matrimonial counsel who is familiar with Bankruptcy in your area.

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2 Answers | Asked in Bankruptcy for Ohio on
Q: How do I know if I qualify to file chapter 7 bankruptcy? What kind of questions will a judge ask me about my debt?
Kenneth L. Sheppard Jr.
Kenneth L. Sheppard Jr. answered on Jul 1, 2019

To qualify for a chapter 7, the primary test you must pass is the means test. There are other tests, such as the residency test, etc. The means test examines the size of your household and applies a certain annual gross income threshold figure to see if you qualify. The judge doesn't ask you... Read more »

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3 Answers | Asked in Bankruptcy and Estate Planning for Ohio on
Q: On average how reduced are debts after a Chap 13 bankruptcy? Does refi/2nd mortgage affect the decision to keep home?

I am a concerned daughter of a couple living in Athens County, Ohio. My father is ill with cancer (being treated through the Veteran Affairs system) and during my last visit (recent) my mom indicated they only have approximately 2 months worth of funds left to pay bills before potentially... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 11, 2019

No way to tell, because every Chapter 13 is different than every other Chapter 13.

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1 Answer | Asked in Bankruptcy for Ohio on
Q: I was granted Chapter 7 in 2010. How do I get released from the mortgage if it keeps being transferred?

I am still paying insurance, water and sewer bills because the property is still in my name.

Timothy Denison
Timothy Denison answered on May 22, 2019

Depends on whether you are still living in the subject property.

1 Answer | Asked in Bankruptcy for Ohio on
Q: If I file for Chapter 13 and I can pay 100% of debt except my student loans and mortgage in 22 month can I get out early

Thinking about chapter 13

Greg Wetherall Esq.
Greg Wetherall Esq. answered on May 6, 2019

Actually you can. If the last payment on the student loan comes due after the date on which your Chapter 13 ends, then your Plan can treat it as a long term-debt and the case could complete in 22 months after the other unsecured debts are paid in full. However, you would ordinarily be required to... Read more »

1 Answer | Asked in Bankruptcy for Ohio on
Q: Can they sale my home without notifying me of a sale dare?
Timothy Denison
Timothy Denison answered on May 3, 2019

Theoretically, no. But you should stay aware of the proceedings and protect yourself. Don’t rely on them to do it.

2 Answers | Asked in Bankruptcy for Ohio on
Q: My husband and I filed ch. 13 in 10/2014 & roughly claimed 20k. We have paid just shy of 70k in 4 1/2 yrs. Seem legit?
Stuart Nachbar
Stuart Nachbar answered on May 2, 2019

While you have may only listed 20k, it depends on how much in proofs of claim that were filed and approved. Check with counsel on your case

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1 Answer | Asked in Bankruptcy for Ohio on
Q: Looking to do bankruptcy again but don't have money for a lawyer
Timothy Denison
Timothy Denison answered on Apr 15, 2019

Contact your local bar association or your legal aid society.

2 Answers | Asked in Bankruptcy for Ohio on
Q: My mother died last year. My dad added me to the deed to keep everything out of probate if anything happens to him.

The house is paid off free and clear. I was in a wreck after losing insurance cause husband has cancer. I need to file chapter 7. Will anything happen to my dads house will it stop me from filing. Also how long do you have to live in a house before filing.

Kenneth L. Sheppard Jr.
Kenneth L. Sheppard Jr. answered on Mar 27, 2019

It doesn't sound as if the house is your primary residence, so the homestead exemption does not apply. Therefore, if you filed for Chapter 7 bankruptcy, one half of the value of the home is subject to liquidation. On the other hand, if the residence is your primary residence, then the homestead... Read more »

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2 Answers | Asked in Bankruptcy for Ohio on
Q: If my car is in a chapter 13. If the car is payed off will a trustee adjusts payments accordingly
Timothy Denison
Timothy Denison answered on Mar 1, 2019

Yes. However, if you are in a less than 100% repayment plan, you may still have to continue with the same payment.

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2 Answers | Asked in Bankruptcy for Ohio on
Q: I bought a car with my fiancé he filed chapter 7 and the loan was discharged he did not sign a reaffirmation form but I

Kept paying loan I went to trade car in and they pulled credit report and said I have no car loan and that they are taking my money and are double dipping because it was discharged and couldn’t except car as trade in is this correct they also said I should stop paying on the loan and let them... Read more »

Timothy Denison
Timothy Denison answered on Feb 3, 2019

If you signed on the car loan, you are still liable to pay for it. The debt is discharged as to your bf, but not as to you. Depends on how much equity is in the car as to whether you should surrender it if you are NOT on the loan.

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