Ask a Question

Get free answers to your Bankruptcy legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Ohio Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy, Traffic Tickets, Appeals / Appellate Law and Collections for Ohio on
Q: I have had my license suspended for over 10 years, for an accident I wasn't at fault for how do I get it back

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

Timothy Denison
Timothy Denison
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.

View More Answers

1 Answer | Asked in Bankruptcy for Ohio on
Q: I know 401k loans aren't dischargeable but where do I indicate the payment is coming from bank account not my paycheck
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Bankruptcy for Ohio on
Q: i filed chapter 13 to save my house, now they have taken my house and no one can tell me where money went

4 years 7 months they dismissed my bankruptcy, i lost my house and no one can tell me where any of yhat money went.

Timothy Denison
Timothy Denison
answered on Dec 17, 2023

Have your lawyer request the administrative accounting from your case and see how the money was allocated and spent.

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.
PREMIUM
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

View More Answers

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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 I be forced to sell a car?

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

Timothy Denison
Timothy Denison
answered on Aug 29, 2023

No. Cars are exempt up to $3,500.

View More Answers

1 Answer | Asked in Bankruptcy, Contracts, Civil Litigation and Communications Law for Ohio on
Q: How can get my ex off the title of my car?

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

Timothy Denison
Timothy Denison
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.

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.
PREMIUM
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

View More Answers

1 Answer | Asked in Bankruptcy and Consumer Law for Ohio on
Q: I am in the middle of a junk debt lawsuit

I had court scheduled on March 31st, I went into court and they told me that there was no court that week they investigated why and told me on March 15th the plaintiff filed a motion for summary judgment, up to this point, I have been doing this Pro see and now I'm in a bind the scheduled a... View More

Timothy Denison
Timothy Denison
answered on Apr 5, 2023

Call you local bar association or legal aid society. They maintain lists of lawyers who can help you. April 19 is two weeks away. Get on this tomorrow and you will have enough time.

2 Answers | Asked in Bankruptcy for Ohio on
Q: How come I have to Waite 8 years to file bankruptcy I got in a bind because of Covid now I need to file to get out
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Mar 27, 2023

After ten years of costly lobbying by the banks and credit card issuers, the GOP, controlling both houses of Congress, and the Presidency, passed massive revisions to the US Bankruptcy Code, and the enlarged interim between allowable discharges was but one of those.

The irony, according to...
View More

View More Answers

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.
PREMIUM
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...
View More

View More Answers

1 Answer | Asked in Bankruptcy for Ohio on
Q: Ohio Bankruptcy question

I own a house with a mortgage but both units are being rented out.

I have a rental property that I co- own with someone and that property is being rented out.

Can I file bankruptcy without losing my house with mortgage attached or rental, If so, what chapter

Kenneth L. Sheppard Jr.
Kenneth L. Sheppard Jr.
answered on Feb 5, 2023

7 and/or 13 may be available to you. The answer depends on equity, income, and other issues involve being current on the mortgage. A much closer analysis with you is needed before any bankruptcy attorney can properly answer the question. Great question though. The attorney can review your specific... View More

2 Answers | Asked in Bankruptcy for Ohio on
Q: Can you still file the bankruptcy if you cant find the title ti your car?
David Luther Woodward
David Luther Woodward
answered on Dec 26, 2022

of Course, you can!

Your DMV can sell you a new duplicate title for a matter of bucks, but having the title is not a necessity to filing a bankruptcy, but a good lawyer is.

Good Luck.

d

View More Answers

1 Answer | Asked in Bankruptcy, Civil Litigation, Collections and Foreclosure for Ohio on
Q: My mother-in-law was served papers recently. In them she is marked as a judgment creditor. What does this mean?

The case seems to be a default on a property owned by someone possibly attach to her we are unsure on what the complaint in the case is but they have her marked as a judgment creditor in the concerned parties information.

Tim Akpinar
Tim Akpinar
answered on Dec 12, 2022

An Ohio attorney could advise best, but it looks like your question was overlooked under the general Uncategorized heading. You could try reposting under Collections, Foreclosure, Bankruptcy, and Civil Litigation. This looks like something for attorneys who practice in one of those areas. Good luck

1 Answer | Asked in Appeals / Appellate Law and Bankruptcy for Ohio on
Q: Can a civil defendent whose case is stayed by bankruptcy, file a counterclaim in the same, and ask for damages? In Ohio.
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Dec 6, 2022

You don't identify which party is the debtor in bankruptcy.

The automatic stay is triggered by the filing of a bankruptcy case, and prohibits any action against the debtor or property of the debtor's bankruptcy estate (which is very broadly defined).

If the proposed...
View More

2 Answers | Asked in Bankruptcy for Ohio on
Q: My husband and I paid for a chapter 7 bankruptcy but never ended up filing, can I get the money back from the attorney?

We paid $1,028 for the whole bankruptcy in Ohio but we never ended up doing anything for it and moved to Michigan. $200 went to have the attorney start working on things the $800 covered paperwork/filing ect… I was wondering if I can get the $800 back?

Mr. Chad Van Horn
PREMIUM
Mr. Chad Van Horn
answered on Nov 9, 2022

Did you sign a retainer or engagement letter? If so, you should review that to determine your rights. If the fee is non-refundable you would not have a right to get it back but the attorney may work with you on a partial refund.

View More Answers

3 Answers | Asked in Divorce and Bankruptcy for Ohio on
Q: I am a cosigner on a car loan for my ex husband in the process of divorce and he is purposely not paying the loan

To ruin my credit he won't pay for it I have text to prove it as well

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Oct 29, 2022

Probably your most effective path to redress this problem is through your divorce lawyer and the domestic relations court. From the outset of a divorce case, or shortly thereafter, the court deals with the issue of temporary support, or support pendente lite, and that involves, in part, the... View More

View More Answers

1 Answer | Asked in Banking, Contracts and Bankruptcy for Ohio on
Q: How can I back out or cancel a Hvac company/Wells Fargo contract after months or years have passed?
Timothy Denison
Timothy Denison
answered on Oct 17, 2022

Most likely you cannot unless there has been a breach or it has a termination clause.

1 Answer | Asked in Bankruptcy for Ohio on
Q: I've already retained a lawyer for filing bankruptcy but they won't do anything until they are completely paid in full.

I just received a summons by mail for a credit card I may owe. How should I handle the summons? Ohio

Timothy Denison
Timothy Denison
answered on Sep 17, 2022

Give it to your bankruptcy lawyer.

Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.