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answered on Oct 23, 2024
A creditor may issue a garnishment to your depositary institution, which puts a (bank) hold on your account, but it is on you to file a prompt Objection (in PA, your Objection is filed with the issuing Sheriff, and must be filed in ten days from date of garnishment summons). And your bank... View More 
I filed for a chapter 7 bankruptcy earlier this year and received a discharge judgement in May of 2024. Along with my unsecured credit card debt, the bankruptcy also discharged a secured debt in the form of an auto loan. I had not signed the provided reaffirmation agreement provided by the creditor... View More
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answered on Jun 30, 2024
Based on the information provided, here's an analysis of your situation:
1. Discharge of secured debt: While your Chapter 7 bankruptcy discharged your personal liability for the auto loan, it did not eliminate the creditor's security interest in the vehicle.
2.... View More
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answered on Apr 4, 2024
Here are some steps to consider if you've defaulted on an unsecured personal loan:
1. Contact the lender: Reach out to Achieve Personal Loans as soon as possible to discuss your situation. They may be willing to work out a modified payment plan or temporary deferment. Being proactive... View More
I have a default judgment in Lucas County OH and but was not properly served (wrong address) and my taxes were included in my bankruptcy.
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answered on Mar 6, 2024
In Lucas County, Ohio, if you're seeking to set aside a default judgment due to not being properly served or because the debt was included in your bankruptcy, you will need to file a motion with the court. This legal document is commonly referred to as a "Motion to Set Aside Default... View More
My attorney has failed to file documents, doesn’t respond to emails, cancels appointments, won’t call during scheduled meetings. I’m in jeopardy of losing home and case being dismissed.
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answered on Mar 4, 2024
Filing a legal malpractice claim against your bankruptcy attorney due to their failure to perform their duties, such as not filing documents, ignoring communication, and missing appointments, can be a necessary step to protect your interests. The first step is to document all instances of... View More
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answered on Feb 11, 2024
Unlike many states (like PA), Ohio does not permit a debtor to choose between the state and federal exemption lists; an Ohio resident can choose only those exemptions granted by the state of Ohio.
While it appears that the Ohio exemptions might have protected your auto accident recovery,... View More
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answered on Feb 24, 2024
Yes, any insurance settlement from your February 2024 car accident should be protected and not at risk if you were previously discharged from a Chapter 7 bankruptcy in August 2023.
The key bankruptcy law that provides this protection is Section 541(a)(5) of the Bankruptcy Code. It states... View More
I acquired a property through probate and didn't know the title had an encumbrance attached to it in my sisters name. She filed chapter 7 bankruptcy and got the bill charged off from herself but it's still attached to my property title. Is there a way to get that removed from my title... View More
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answered on Jan 13, 2024
If your sister's debt was discharged through Chapter 7 bankruptcy, it means that she is no longer personally liable for that debt, but it doesn't automatically remove the encumbrance from the title of your property. The encumbrance, such as a lien or mortgage, is typically attached to the... View More
Other assets. I can't afford the loan and the car attach to loan. The car needs a new transmission and I can't afford it. I live by myself and have no other help. I need to get rid of this loan and car. So I can start saving for another car. I health issues where I can't be out... View More
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answered on Jan 12, 2024
Filing for Chapter 7 bankruptcy could be a viable option for you, considering your limited income and lack of assets. With a monthly income of $963 from disability and no other assets, you may qualify for Chapter 7, which is designed to help individuals in financial distress discharge unsecured... View More
I don’t know if the bankruptcy itself would make him responsible for paying taxes on the income although it was forgiven, but from my understanding, they still can be required to pay the taxes on the income, although the debt was forgiven? Also, I know the person Social Security number,he gave it... View More
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answered on Jan 12, 2024
When a debt is discharged in bankruptcy, the debtor typically is not responsible for paying taxes on the forgiven amount. The IRS does not consider debts discharged in bankruptcy as taxable income. This means issuing a 1099-C, which is used to report cancellation of debt as income, might not have... View More
I don’t know if the bankruptcy itself would make him responsible for paying taxes on the income although it was forgiven, but from my understanding, they still can be required to pay the taxes on the income, although the debt was forgiven? Also, I know the person Social Security number,he gave it... View More
answered on Jan 10, 2024
Issuance of a form 1099 is a prerequisite for you to deduct the bad debt from taxable income.
However, before you do that, check the bankruptcy code provision concerning tax effects of the resulting insolvency of a debt receiving a discharge (much taxable income is forgiven by that statute,... View More
Is it an insider repayment? Just a verbal agreement. I was current on all of my bills at the time except mortgage was on 29th day. No delinquencies on other debts until 3 mos later. How long, if I have to wait to file?
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answered on Dec 4, 2023
In the context of a Chapter 7 bankruptcy, repaying a loan to a family member, like your sister, can be considered an "insider payment." Insiders typically include relatives, friends, or business associates. Bankruptcy law scrutinizes such repayments made before filing, especially if they... View More
I was in an accident died the person at fault, same judge sent me to prison(which didn't transport me) to the 3 hearings scheduled and later made the judgement on me to pay their attorney fees? What should I do? 16k $ is too much to pay
answered on Oct 21, 2024
Make arrangements to pay the judgment (1) in full; (2) in installments or (3) file bankruptcy on all of your debt.
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answered on Aug 23, 2024
When you file for bankruptcy, 401(k) loans are generally not dischargeable, but it's important to accurately represent how you are repaying them. If you're making the loan payments from your bank account instead of directly from your paycheck, you should make sure this information is... View More
4 years 7 months they dismissed my bankruptcy, i lost my house and no one can tell me where any of yhat money went.
answered on Dec 17, 2023
Have your lawyer request the administrative accounting from your case and see how the money was allocated and spent.
Am I responsible for their mistakes. They are now trying to take exempted property, or tell me I have to pay $20,000 to the trustees.
answered on Nov 8, 2023
Every voluntary bankruptcy case is commenced by the filing of a bankruptcy petition, signed by the debtor, under penalty of perjury. The debtor's signature constitutes the sworn testimony of the debtor that whatever the Petition says is true and correct, and that sworn oath applies to the... View More
I'm in SW Ohio, disabled veteran with 3800 in disability each month, my wife's not filing and makes 1850 after taxes. Even with the deductions, the schedule j would push me into a chapter 13 if I had a normal income. Is VA disability actually considered "disposable income"? Thank you for any help
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answered on Sep 8, 2023
It is important to note that while VA disability benefits are excluded from the means test calculation utilized in Chapter 7 bankruptcy cases, they can be considered as part of your income in the Schedule J, where you list your monthly expenditures, in the determination of your disposable income.... View More
I work part time, and make only $11.00 an hour. I'm in the midst of a divorce, and a friend is willing to help me get a car outright and put it in my name. It won't be valued over 4k. Can I be forced to sell that car if I filed bankruptcy, or at all? I don't make enough for... View More
My ex and I bought a car together. I make all the payments, pay for the insurance and keep up on all maintenance. I am still making payments on the car to this day but I no longer live in the same state as when we purchased. The title is MI and I live in OH. He has since filed for bankruptcy and is... View More
answered on Jun 16, 2023
File a motion to have him execute the title in your divorce case as he has been relieved of liability for it by virtue of his bankruptcy.
I have filed chapter 7 bankruptcy (not discharged yet), my wife is a non filer. Can she pay cash for a motorcycle she wants while I am in chapter 7, and not it affect my bankruptcy?
answered on Jun 9, 2023
Did you file your bankruptcy with counsel? If so, that lawyer is your best source of advice, because your question gives no factual background, e.g., what info is in your schedules, and whether a decision has yet been made about whether your filing is an abuse of the bankruptcy process, e.g.,... View More
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