Bankruptcy Attorney Columbus Ohio
Ever feel like debt has totally overwhelmed you? Many people are completely over their head in debt, and the anxiety causes difficulty breathing. You are not alone.
As an experienced Columbus Ohio bankruptcy attorney, I can help you determine if bankruptcy is a good choice. As a licensed Ohio lawyer, I can guide you through the bankruptcy process and help you achieve a fresh start to your life. If an alternative to bankruptcy is better for your situation, I can help you with that as well.
How Chapter 7 Bankruptcy Works
There are generally 2 types of bankruptcy for the average Bankruptcy Debtor, a Chapter 7 bankruptcy and Chapter 13 bankruptcy. To determine if you qualify for a Chapter 7 bankruptcy, the bankruptcy court uses 2 tests for eligibility, the means test (or your income relative to the average American median income) and the totality of the circumstances test (or your monthly debt to income ratio).
When a person files a Chapter 7 Bankruptcy Petition, they are protected under federal law by a Federal Bankruptcy Stay Order, which stops all lawsuits or collection efforts. A creditor may request a Motion for Relief From Bankruptcy Stay. When a person receives a Bankruptcy Discharge , the discharge allows the debtor to discharge all underlying contractual obligations on the debt.
The Bankruptcy Trustee represents the various creditors of the debtor, and Bankruptcy Trustee's Duty is to evaluate all the assets and liabilities of the debtor. A Bankruptcy Trustee may Avoid Liens. A 341 Meeting of Creditors is conducted to evaluate the debtor's situation. The Bankruptcy Trustee can sell property if there is equity in the property, and they can Distribute the Bankruptcy Proceeds to the various creditors according to priority of the claim.
Some debts are not eliminated in a Chapter 7 bankruptcy. The most common non-dischargeable bankruptcy debts are taxes, student loans, child support [523(a)(5, 15], fraud [523(a)(2)(A)], potentially some eviction possessions [11 USC 362(b)(22),(23), & 362(l)], and government loans. Some Utility Shut-Offs may be stopped for a limited time after filing for bankruptcy as well. With automobiles, sometimes a Redemption is possible to bring an existing car loan down to fair market value.
A Chapter 7 bankruptcy is known as a fresh start because it allows bankruptcy debtor (or the person filing the bankruptcy) the opportunity of a fresh start from the unsecured creditors of credit cards, medical bills, and other types of debt. A Chapter 7 bankruptcy allows the debtor to get rid of or discharge most unsecured debts.
If a Chapter 7 Bankruptcy case fails, it is Dismissed . There are various Effects of Dismissal of Bankruptcy. Sometimes a bankruptcy case can be Converted to another type of Bankruptcy. A Bankruptcy Discharge means that the bankruptcy estate has successfully discharged all unsecured debts that are owed.
Stop letting creditors harrass you. Consider bankruptcy in a reasonable, affordable, and efficient way. Call for a free initial consultation:
Get control of your life again.
- Map of Northern District of Ohio Bankruptcy Court (By County)
- Map of Southern District of Ohio Bankruptcy Court (By County)
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