Ohio Bankruptcy Questions & Answers
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?
yes. as long as you are not filing, no worries.
Q: I live with friends and they own the house. My name isn’t on the mortgage - if I file bankruptcy will it effect them?
No. It will not affect them.
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 »
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 »
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 »
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.
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?
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 »
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 »
No way to tell, because every Chapter 13 is different than every other Chapter 13.
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.
Depends on whether you are still living in the subject property.
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
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 »
Q: Can they sale my home without notifying me of a sale dare?
Theoretically, no. But you should stay aware of the proceedings and protect yourself. Don’t rely on them to do it.
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?
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
Q: Looking to do bankruptcy again but don't have money for a lawyer
Contact your local bar association or your legal aid society.
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.
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 »
Q: If my car is in a chapter 13. If the car is payed off will a trustee adjusts payments accordingly
Yes. However, if you are in a less than 100% repayment plan, you may still have to continue with the same payment.
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 »
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.
Q: I spoke to a lawyer about qualifying for bankruptcy and she said we made too much to try back in a couple of months when
I spoke to a lawyer about qualifying for bankruptcy and she said we made too much to try back in a couple of months when we made less. But my car has stopped working so i need to trade it in to buy a new one. Is that going to prevent me from filing chapter 7 in a few months? Are there any negative... Read more »
You need to re-discuss your bankruptcy eligibility questions and options with the same lawyer or a different bankruptcy lawyer in your geographic area.
It is important to remember that virtually everyone "qualifies" for one type of bankruptcy or another (Ch 7 vs 13 vs individual 11, etc.).... Read more »
Q: Acquired debt from when I was married...
Had acquired medical debt from when I was married. Been divorced for 9 years. He just filed bankruptcy. My wages got garnished. I believe he filed on said medical bills. Will it show up in good standing on his credit when it's paid off???
Not exactly sure of your situation but if he bankrupted it, it will NOT show up as good standing, especially if paid by you.
Q: I am currently unemployed. I do not even know the first step to getting a process such as bankruptcy started?
Unemployed and no vehicle bills are piling up along with phone calls . Not sure what to do at this point. Now that I have no vehicle it is obviously harder to gain unemployment.
Find a local competent bankruptcy attorney who can guide you through the process. Do not attempt to do it yourself. They can help you get a fresh start, which is what chapter 7 is designed to do.
Q: I have a car that I just got out of repo. Made a few months pay on it. Can I file chapter 7 and not make this payment
Will they take the car or is it protected by bankruptcy?
If you don’t make the payment they will ultimately take it but it is temporarily protected by the automatic stay. If you want to keep the car, keep paying for it. If you don’t want the car, stop paying for it.
Q: If I decide to get married, will my new spouses income be garnished if the debt was mine?
No.
Q: How much is the income to get legal aid in akron ohio
You can check with your local legal aid and they can give you their guidelines for income eligibility.
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