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Ohio Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy, Criminal Law and Civil Rights for Ohio on
Q: Purchase of Car without title

My friend got into trapped by purchase of car without title. He was informed by the seller that he will get the title released from the bank but still seller has not paid off the loan and title is not yet released.

Now my friend is chasing the seller but seller is not responding.... Read more »

Timothy Denison
Timothy Denison answered on Feb 12, 2020

Depending on the value of the car or how much was paid, he should file a complaint in either Superior Court or the Supreme Court. He probably should consult a local debtors rights attorney who can oversee the finer points.

2 Answers | Asked in Bankruptcy for Ohio on
Q: Can I ask for a fee waiver for filing Chapter 7 if I am going to resubmit?

I filed Chapter 7 bankruptcy. I completed everything that was needed to do so. Somewhere along the lines I got confused and sent my second course completed paperwork to my trustee instead of the courts. The courts discharged my filing. I got told that I have to resubmit. I do not have the money... Read more »

Timothy Denison
Timothy Denison answered on Jan 4, 2020

Yes. You can ask for consideration in fee waiver.

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1 Answer | Asked in Bankruptcy for Ohio on
Q: On Bankruptcy Form 106 E/F what date is deemed most appropriate for "Date Debt Incurred" for Credit Card Debt?
Timothy Denison
Timothy Denison answered on Dec 30, 2019

Unless you know the exact date, just put “revolving.”

1 Answer | Asked in Bankruptcy for Ohio on
Q: On Bankruptcy Form 107, Part 3, Question 6: Do you answer yes if a creditor was paid by someone other than the debtor?

No agreement was entered into by the debtor to reimburse the individual whose funds were used to pay the creditor.

Timothy Denison
Timothy Denison answered on Dec 30, 2019

Yes. Be as honest and forthright as possible.

1 Answer | Asked in Bankruptcy for Ohio on
Q: I would like to know if suffering & pain from EEOC case exempt in chapter 13?
Timothy Denison
Timothy Denison answered on Dec 17, 2019

It depends on how it is structured in the award.

2 Answers | Asked in Bankruptcy for Ohio on
Q: I have a business that I am closing in Georgia but have recently moved to Ohio for a new job. What state should I file?

I have building, property and contents on a SBA loan that is 2 months behind as well as personal guarantees on with vendors for product and supplies. My personal / business credit card are maxed out trying to save the business.

I have recently moved to Ohio to take a new job that pays me... Read more »

Kenneth L. Sheppard Jr.
Kenneth L. Sheppard Jr. answered on Dec 16, 2019

I would need to know more about the business as to whether a Chapter 7 business filing is necessary or whether you should wind down the business entity outside of a bankruptcy context. Your personal guarantee leads me to believe a personal Chapter 7 or 13 may be necessary. There are rules about... Read more »

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1 Answer | Asked in Bankruptcy for Ohio on
Q: My mother is declaring bankruptcy and wants me to cash one of her checks is that legal?

My mother has declared bankruptcy and is having her wages garnished. She wants to sign a paycheck over to me and have me cash it for her. Is this legal?

Timothy Denison
Timothy Denison answered on Dec 5, 2019

If she has Actually filed bankruptcy, the stay prevents anyone from garnishing her wages so you are perfectly justified in cashing it for her if you so choose.

1 Answer | Asked in Bankruptcy, Consumer Law and Tax Law for Ohio on
Q: How to handle a difficult local tax issue?

I have tried countless time to make payment arrangements on a local tax which I owe. The agency will not negotiate with me at all. The original debt was $1600. The agency tacked on any additional $1900 in fees and interest. They will only allow 18 months to pay off the debt. I have a small... Read more »

Timothy Denison
Timothy Denison answered on Dec 4, 2019

If you file bankruptcy, it stays ALL collection efforts.

1 Answer | Asked in Bankruptcy for Ohio on
Q: If I have a lease agreement for a 1300 laptop and I pay it off right before filing bankruptcy, will they take it?

Leasing from Progressive, it cost $1300 total. I want to pay it off in 90 days. If I pay it off and then file for bankruptcy in 2-3 months will they look at the payments from a bank statement and take the property?

Justin M. Gillman
Justin M. Gillman answered on Dec 2, 2019

Not sure the "leasing" part is accurate. If you will own the laptop after it is paid off, it will be an asset and paying it prior to bankruptcy as a secured creditor (or lease) should not materially impact your case. You will have to disclose it. The issue would be that it was a "preference".... Read more »

1 Answer | Asked in Bankruptcy for Ohio on
Q: Should I cancel my lease agreement pre-bankruptcy?

I am filing bankruptcy come Jan or Feb (need to gather the funds, or use tax money). I have entered a progressive lease for a 1300 laptop I am using for work and for my kids for school. Should I cancel the lease? Will bankruptcy affect this?

Timothy Denison
Timothy Denison answered on Dec 2, 2019

No. Cancel the lease post filing. If you wish to keep it, you can reaffirm. If not, you can reject.

1 Answer | Asked in Bankruptcy for Ohio on
Q: If we filed ch 7, but did not reaffirm Mortgage and can not pay anymore, should we let lien holder know?

We filed the Ch 7 in 2009, Mortgage was from 2007. We have been paying since then so we would have a place to live, but cannot afford to anymore. The original ch 7 paperwork said we intended to reaffirm- but the Mortgage company never sent anything. Will walking away affect our credit? Will we be... Read more »

Timothy Denison
Timothy Denison answered on Nov 18, 2019

You will get delinquencies on your credit report. However, since you did not reaffirm, they cannot require you to pay the balance.

3 Answers | Asked in Bankruptcy for Ohio on
Q: Filling out bankruptcy form 106E/F

When filling out bankruptcy form 106E/F do I list the original creditor or the collection agency that purchased the debt?

Timothy Denison
Timothy Denison answered on Oct 31, 2019

Both

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3 Answers | Asked in Bankruptcy for Ohio on
Q: I was granted bankruptcy chapter 7 in 2010. I continued to pay on my mobile home loan until May 2019.

Do I still have an obligation to pay or pay the balance due once sold

Dean Paolucci
Dean Paolucci answered on Oct 17, 2019

Hi there! There are a few things of importance with your question.

1. Do you want to keep the mobile home? If yes, then you do have to pay the debt.

2. Did you reaffirm the debt in your bankruptcy? If yes, then you are obligated to pay the debt despite your bankruptcy in 2010....
Read more »

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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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