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Ohio Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy for Ohio on
Q: Defaulted on a personal loan. Loan is unsecured, no collateral. It’s through Achieve Personal Loans. What should I do?
James L. Arrasmith
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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...
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1 Answer | Asked in Bankruptcy, Tax Law and Collections for Ohio on
Q: What form do I fill out to set aside a default judgment in Lucas County OH?

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

3 Answers | Asked in Bankruptcy for Ohio on
Q: How do I file a legal malpractice for my bankruptcy attorney ?

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.

James L. Arrasmith
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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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2 Answers | Asked in Bankruptcy, Car Accidents and Personal Injury for Ohio on
Q: I was discharged after filing chapter 7 in August of last year. Was involved in car accident in February 2024. She is at

.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
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,...
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2 Answers | Asked in Bankruptcy, Car Accidents and Personal Injury for Ohio on
Q: I was discharged after filing chapter 7 in August of last year. Was involved in car accident in February 2024. She is at

.

James L. Arrasmith
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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...
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2 Answers | Asked in Real Estate Law and Bankruptcy for Ohio on
Q: Can I get an encumbrances removed from the title of my property if the person the encumbrance name is in filed bankruptc

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

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2 Answers | Asked in Bankruptcy for Ohio on
Q: Will it be my best interest to file bankruptcy 7. I'm on disability. I get $963.00 a month and I don't have any

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

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2 Answers | Asked in Bankruptcy and Tax Law for Ohio on
Q: I loaned someone $6,000 and they filed bankruptcy. Call me petty but I want to issue a 1099-C

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

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
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,...
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2 Answers | Asked in Bankruptcy and Tax Law for Ohio on
Q: I loaned someone $6,000 and they filed bankruptcy. Call me petty but I want to issue a 1099-C

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

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2 Answers | Asked in Bankruptcy for Ohio on
Q: Considering Ch7 but borrowed $700 from sister 9 mos ago to cover mortgage, repaid her a week later, do I need to wait

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

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2 Answers | Asked in Bankruptcy and DUI / DWI for Ohio on
Q: Can you file bankruptcy for dui fines and court costs thst total 13000 in the state of TN
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answered on Nov 10, 2023

In general, DUI fines and court costs are typically not dischargeable in bankruptcy. This holds true in most states, including Tennessee. Bankruptcy laws often exclude certain types of debts from being discharged, particularly those related to criminal restitution and penalties. DUI-related fines... View More

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3 Answers | Asked in Bankruptcy for Ohio on
Q: If a bankruptcy attorney makes a mistake in your case are you responsible.
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answered on Nov 9, 2023

if your bankruptcy attorney fails to file a necessary document on time, you may be able to hold them liable for the resulting delay in your bankruptcy case. However, if you fail to provide your bankruptcy attorney with all of the necessary information, you may be partially responsible for any... View More

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3 Answers | Asked in Bankruptcy for Ohio on
Q: If a bankruptcy attorney makes a mistake in your case are you responsible.
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answered on Nov 8, 2023

If a mistake is made in your bankruptcy case by your attorney, the consequences may depend on the nature of the error and its impact on your case. As the client, you may not always be held responsible for your attorney's mistakes.

However, the issue of responsibility can be complex,...
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2 Answers | Asked in Bankruptcy for Ohio on
Q: Can I file bankruptcy to get my license cleared it's been 10 years cause my fines keep going up and now is over 130000
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answered on Nov 8, 2023

Filing for bankruptcy may provide relief from certain types of debt, but it depends on the nature of the fines contributing to your license suspension. If the fines are criminal in nature or are penalties owed to a governmental unit, they may not be dischargeable in bankruptcy. It's important... View More

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3 Answers | Asked in Bankruptcy for Ohio on
Q: I moved from another state and filed bankruptcy 1 1/2 yrs later. Attorney filed for Oh not the other state.

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.

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answered on Nov 8, 2023

The responsibility for any mistakes made during the filing of your bankruptcy case would generally depend on the specific circumstances. If your attorney filed in Ohio and there was a justifiable reason based on residency requirements or other legal considerations, that may be appropriate.... View More

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3 Answers | Asked in Bankruptcy for Ohio on
Q: I moved from another state and filed bankruptcy 1 1/2 yrs later. Attorney filed for Oh not the other state.

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.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
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

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2 Answers | Asked in Bankruptcy and Landlord - Tenant for Ohio on
Q: Chapter 7 bankruptcy and Eviction in Ohio

Back In August I received a letter in the mail from my landlord attorney that a relief of stay was granted by the bankruptcy judge and the letter was also sent to housing court.

I immediately filed a procedural objection noting 14 days for the attorney to respond as I was not served nor... View More

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answered on Nov 5, 2023

In your situation, it appears there may have been a procedural oversight. When you raise an objection in a bankruptcy proceeding, you are entitled to a response or a hearing on that objection. If no one has responded to your objection and the court has not scheduled a hearing, it could potentially... View More

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1 Answer | Asked in Bankruptcy for Ohio on
Q: I know it doesn't on the means test side, but does VA disability on schedule j cause a 7 to be a 13?

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

2 Answers | Asked in Bankruptcy for Ohio on
Q: Can my non filing spouse pay cash for a motorcycle while I am in a chapter 7 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?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
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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3 Answers | Asked in Bankruptcy for Ohio on
Q: can I change my mind to file bankruptcy? Papers are ready but we have not signed off

I have paid the initial fee. The only thing we have signed is the initial papers to get started. I understand I may lose my initial fee but can I still stop the process?

Thank you

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Feb 20, 2023

Yes, you can "stop" the process, in more than one way.

You can tell your lawyer, by direct voice, not voicemail, to refrain from filing. Follow that up with an email marked "high importance".

It may be that the initial docs (signed Petition, a list of creditors...
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