Lawyers, Answer Questions  & Get Points Log In
Ohio Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy for Ohio on
Q: I'm answering a complaint. And it says plaintiff does not seek an award of attorney fees contractual or statutory

Interest after date of charge off. How do I answer this correctly? Thanks

Timothy Denison
Timothy Denison answered on Sep 21, 2021

Much more info is needed to answer your question. Are you seeking attorney fees?

View More Answers

1 Answer | Asked in Bankruptcy, Contracts and Copyright for Ohio on
Q: Is it legal to sell someone's else stuff without their knowledge or consent?

Until my lease for my new apartment began, I stayed at my friend's place for a month. Recently when moving in, I forgot some items at the friend's place. The next day after move-in, I asked the friend if I can go to their place and collect my remaining items. They said they were out of... Read more »

Timothy Denison
Timothy Denison answered on Sep 8, 2021

Take a criminal complaint against the boyfriend for theft and conversion.

2 Answers | Asked in Bankruptcy for Ohio on
Q: If I’m in a chapter 13, and I want to move in with my girlfriend, how will this affect the chapter 13 payment?
W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Sep 8, 2021

If your plan has been confirmed, there should be no effect on your move.

There are, however, some districts in which yearly financial reports are required. If you're in one of those districts, the Ch. 13 trustee may push you to increase plan payments if your monthly living expenses...
Read more »

View More Answers

1 Answer | Asked in Employment Law, Bankruptcy, Tax Law and Arbitration / Mediation Law for Ohio on
Q: Can an employer be pursued for monies incorrectly withheld and paid to a municipality due to an acknowledged error?

Hired in 2005, I moved to a virtual role during 2012. Following a bankruptcy discharge in 2018 I was notified of a municipal income tax deficiency owed to my residence city. Upon receipt of the notification I worked with the tax authority to attempt to reconcile. This included providing copies of... Read more »

Timothy Denison
Timothy Denison answered on Sep 1, 2021

Yes.

2 Answers | Asked in Bankruptcy and Divorce for Ohio on
Q: Hi! File bankruptcy now or wait on half of 401K funds due to me from QDRO? Also,CC comp suing me. Court hearing soon

No clue what to do first. Divorce decree from OCT states that I intend to file for bankruptcy. However, QDRO funds are WAY overdue due to negligence of ex, his lawyer,both…so it’s costing me money in lawyer fees every month chasing them down. I’m broke. Now I can’t afford to pay another... Read more »

Cristina M. Lipan
Cristina M. Lipan answered on Aug 4, 2021

This is not legal advice. However, there is case law that says retirement funds owed by the ex spouse through a divorce settlement is an non-exempt interest and property of the estate (meaning a bankruptcy trustee can take it to pay creditors). However, retirement accounts are exempt, and a QDRO... Read more »

View More Answers

5 Answers | Asked in Bankruptcy for Ohio on
Q: I have filed chapter 7 pro se and the trustee is about to take action to sell my inherited property

I thought chapter 7 protected the property but the trustee says he will use the finance from the sale to pay my debts. The will was not put through probate court in 2016 when I received the wills. Based on this information, what remedy do I have?

Michael Hollins Sr.
Michael Hollins Sr. answered on Jun 28, 2021

It is not advisable to file a bankruptcy petition without using a qualified, licensed attorney who could make sure that all of your assets are covered, or in the alternative, choose to file a different type of bankruptcy petition. Without reviewing your petition to see exactly how your exemptions... Read more »

View More Answers

1 Answer | Asked in Bankruptcy, Consumer Law and Collections for Ohio on
Q: Is it to late to file exemption once the garnishment stops

Sorry I meant start? Also I gave all my income information to the creditors lawyer and they were suppose to call me back to agree on a payment plan and never got back with me once they received my income they just went forward with the garnishment.

Timothy Denison
Timothy Denison answered on Jun 10, 2021

Yes.

2 Answers | Asked in Bankruptcy for Ohio on
Q: Current lawyer handling family issues. Should I seek a new one?

In an open 13. Have urgent issue that need attention immediately. I contacted them last week and no response from them. The attorney is in private practice.

Concerned.

Thanks

Timothy Denison
Timothy Denison answered on May 7, 2021

Schedule an appointment and go see them in person.

View More Answers

2 Answers | Asked in Bankruptcy for Ohio on
Q: My employer just filed for Chapter 11. I haven’t told them I’m pregnant yet but I plan to in a couple weeks .

I would like to know if my insurance could be affected by this chapter 11 and if I will still get my maternity leave the way that I would have prior. Also could me being pregnant put a target on my back for my job?

Cristina M. Lipan
Cristina M. Lipan answered on Jan 25, 2021

It depends on the specific facts of the chapter 11 case. Usually in a chapter 11, the business can continue operating. That means they may continue paying certain operating expenses, like employee benefits (with court approval). However, in the event the chapter 11 case doesn't go well, the... Read more »

View More Answers

1 Answer | Asked in Bankruptcy and Workers' Compensation for Ohio on
Q: Ohio Worker's Compensation Tax as an Employer

I am being pursued by a collection for Ohio worker's compensation taxes I owed as a small business (unincorporated) owner from 1992. My business went bankrupt in 1992, and I filed bankruptcy and my taxes were discharged (but I don't have proof worker's compensation was) in 1996.... Read more »

James Monast
James Monast answered on Jan 15, 2021

The BWC has an Adjudication Committee (at least they used to years ago when I worked there) where you can present your situation. It used to come up when employers were non-complying (I.e., hadn't had premiums) or coverage had lapsed for a few days and then got hit with a huge penalty. They... Read more »

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 »

View More Answers

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.

View More Answers

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.

View More Answers

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.

View More Answers

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 »

View More Answers

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 »

View More 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?

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.