Whether or not a bankruptcy is a good option for you depends on your particular circumstances. After consulting with an attorney, you may determine that you are able resolve your financial difficulties through other means. In some cases, declaring bankruptcy may be necessary, and may even be the best way to improve your future chances of obtaining new credit. We recommend consultation with an attorney for making your decision to file bankruptcy. Please call us at (614) 267-2871 to schedule your free attorney consultation, or email us using the form provided.

Our job is to help you save, not lose, your home, car, or other property. We always do all that we can to help you keep your belongings. In the vast majority of cases, debtors do not lose anything when they file bankruptcy! During our initial consultation, we will collect basic information from you in order to determine whether your property will be safe in a Chapter 7 bankruptcy, or whether because of your assets a Chapter 13 partial or full repayment option might be better for you. We will continue to reevaluate your situation until your case is filed, and will notify you if we believe that any of your assets may be at risk.

The Fair Credit Reporting Act, 6 U.S.C. Section 605, is the law that controls credit reporting. The law states that credit reporting agencies may not report a bankruptcy case on a person's credit report after ten years from the date the bankruptcy case is filed. Other bad credit information is removed after seven years. The larger credit reporting agencies belong to an organization called the Associated Credit Bureaus. The policy of the Associated Credit Bureau is to remove Chapter 11 and Chapter 13 cases from the credit report after seven years to encourage debtors to file under these chapters. The bankruptcy courts have no influence over these reporting policies.

Almost any individual file a chapter 7 bankruptcy petition if he or she resides, has a domicile, a place of business, or property in the United States, or a municipality. If you filed a prior bankruptcy petition and the prior proceeding was dismissed within the last 180 days, you may not be able to file a second petition and should check with an attorney to see if you are eligible under 11 U.S.C. sec. 109(g).

You can file a Chapter 7 bankruptcy petition regardless of whether or not you are employed so long as your income is less than typical or the median income for your local region.

If you were granted or denied a chapter 7 discharge in a prior case within the last 8 years or completed a chapter 13 plan in a prior case, you may not be entitled to receive a discharge in bankruptcy and probably are not a candidate for a chapter 7 bankruptcy proceeding, but you may be a candidate for a chapter 13 bankruptcy. Depending on your circumstances, a chapter 13 filing could result in a full or partial discharge of unsecured debt.

This rule does have some exceptions and we are happy to discuss your options during a free consultation.

The most common reasons for consumer bankruptcy are: unemployment; large medical expenses; seriously over-extended credit; marital problems and other large unexpected expenses.

Individuals may file chapter 13 bankruptcy petitions if they:

1. reside, have a domicile, a place of business, or property in the United States, or a municipality;
2. most importantly, have a source of regular income; and
   
3. on the date the petition is filed owe less than a certain amount of unsecured debts and a certain amount of secured debts.

If you filed a prior bankruptcy petition and the prior proceeding was dismissed within the last 180 days, you may not be able to file a second petition and should consult with an attorney.

The most common reasons for chapter 13 consumer bankruptcy are the need to reinstate a mortgage or secured loan that is in default, to protect non-exempt property, or because a debtor has a previous Chapter 7 or Chapter 13 discharge.

Another reason under the amended bankruptcy law for filing under Chapter 13 is if a person is ineligible for Chapter 7 due to income that is larger than the local average income.

Some of the information needed includes:

1. Home address
2. Social Security Number
3. Employer's name and address
4. Salary and wage information for the last six months
5. A list of all those to whom you legally owe money
6. A list of all your major property (for example: real estate, automobiles, boats, furniture, etc.)
7. A list of all your personal sources of income
8. A list of all your financial accounts (for example: checking and savings accounts, savings bonds, etc.)
9. A list of all your monthly expenses (for example: rent, food, child support, transportation, etc.)
10. A copy of your federal and state tax returns for the past two years.

If you come in for a free consultation we will provide you with a list of everything we need for a bankruptcy.

Your bankruptcy will protect you as soon as it is filed and a case number is assigned. The moment a petition is filed there exists an automatic stay, or suspension, of virtually all litigation and other action by creditors against the you or the your property. Once a petition has been filed, creditors cannot commence or continue most legal actions, such as foreclosures, garnishments, execution on judgments, trials, or any action to repossess property from you. Creditors can subsequently, in limited circumstances, seek to have the court allow them to pursue or continue legal collection actions.

Yes, once you file bankruptcy, you are under protection of the court from most creditors. You should immediately notify the garnishing creditor and court that you have filed a bankruptcy petition.

Clients may pay fees or costs with cash, check card, cashier's check, or money order. We will also accept payment by credit card if someone else is paying your fees or in a situation where the credit card obligation will be paid.

The first meeting of creditors is required under Section 341 of the Bankruptcy Code and the debtor is required to attend. The purpose of the meeting is to enable the appointed trustee to examine the debtor under oath regarding the information that has been filed with the Court. The trustee or a creditor may inquire about the debtor's financial status, conduct and financial affairs, and any other matters that are relevant to the administration of the debtor's estate, including factors which bear on an individual debtor's right to a discharge or to the dischargeability of any particular obligation, or the debtor's claimed exemptions. If a creditor wishes to do an in-depth examination, he or she should request a Rule 2004 examination from the Court.

Failure of the debtor to attend this meeting may result in dismissal of the bankruptcy case.

Debtors must provide picture identification and proof of social security number to the trustee at the meeting of creditors. Failure to do so may result in your case being dismissed.

As a practical matter, this meeting only lasts a few minutes and is not confrontational. It is nothing to be afraid of. If you have more questions, please call us.

Most debtors are never requred to appear before a judge. Only contested matters will be heard by the judge, for example: if one of the parties files a motion or a response or objection to that motion. We will send a letter indicating any hearings that your are required to attend, which is in addition to notice from the Court.

A trustee is a person who works with the court to administer bankruptcy cases. The trustee does not represent the debtor or any individual creditor and cannot give legal advice. Rather, the trustee has independent rights and duties that are set forth in the Bankruptcy Code.

In a chapter 7 case, the trustee may take possession of the debtor's non-exempt assets, sell them, and distribute the proceeds to creditors. In a chapter 13 case, the trustee administers the debtor's plan of payment, collects the funds, and pays the creditors. The trustee will also oversee the first meeting of creditors.

No, some debts are not canceled by the US Bankruptcy Court. Examples include some taxes, school loans, debts resulting from fraud, alimony and child support payments. Other debts are canceled only if your petition is approved by the US Bankruptcy Court.

Specific questions you have should be directed to an attorney. The Clerk of the Bankruptcy Court can answer questions about court procedures for you but is prohibited by law from giving legal advice.

In the typical case, the debtor will receive a discharge once 60 to 90 days has passed since their Meeting of Creditors. Some conditions could delay the discharge; you should contact your attorney if you have not received a written discharge order within 90 days after your meeting of creditors.

All creditors who were listed on your mailing matrix or who entered an appearance in your case will be notified. However, you should still retain a copy of your discharge order with your other important legal documents.

You will receive a copy of your discharge in the mail after it is entered by the Bankruptcy Court Clerk. However, if some time has passed and you have not received your discharge or you need another copy please call the Bankruptcy Court Clerk's Office at (614) 469-6638.

**After filing, it is very important that the debtors permanently retain his/her bankruptcy papers for future reference. Sometimes the information may be needed for a future home purchase or other business transactions that will require proof of filing and discharge.**

We will provide you with copies of your bankruptcy petition and other documents when your case is filed. However, if you subsequently misplace your copy of petition or other documents, we will provide a copy by mail or email for a small fee. You may also contact the Bankruptcy Court Clerk’s Office for assistance in obtaining copies at (614) 469-6638.

Ohio and federal laws determine which of your belongings will be protected as "exempt" in your bankruptcy filing. New Ohio laws permit you to protect more equity in your home and more of your personal property, and the vast majority of our clients don't lose any money or property in their bankruptcy filing. When you come in for a free attorney consultation, we will review descriptions of your property and advise you as to what is or could be exempt, and whether any of your property might be at risk. A detailed list of exempted property can be found in section 2329.66 of the Ohio Revised Code. http://codes.ohio.gov/orc/2329