# Richard West Law Office

> Ohio Bankruptcy Attorney

### Cuyahoga County Cash Crunch

Cuyahoga County's Financial Crisis
Cuyahoga County is currently facing a complex financial situation marked by a growing budget deficit. Outstanding property taxes have intensified these economic challenges, significantly impacting the Cleveland Metropolitan School District.

When it comes to families in Cuyahoga County, they face pressure from rising living costs and increasing foreclosure rates. These financial struggles threaten the continuity of essential services in the county.
Financial Challenges Facing Cuyahoga County
Cuyahoga County is facing a series of fiscal challenges, including budget deficits, rising costs, and an increase in unpaid taxes. These challenges threaten to impact essential services and programs across the county, affecting everything from education to infrastructure. Some of the financial challenges currently faced by Cuyahoga County include:
Budget Deficits in Cuyahoga County
Cuyahoga County is grappling with a substantial budget deficit projected to reach $25 million by the end of the year, a figure that officials describe as "larger than normal." This financial shortfall will risk the county's ability to maintain and fund essential services. [1]

The deficit is attributed to several factors, including stagnant revenue streams, increased operational costs, and a lag in property tax collections, which form a critical part of the county's budget. It necessitates difficult decisions regarding the allocation of resources and funding cuts across various departments.

Cleveland Metropolitan School District's Budget Deficit: 

The Cleveland Metropolitan School District (CMSD) is experiencing a significant budget deficit, which poses a threat to its school programs and educational offerings.

Although the CMSD has reduced its looming budget deficit by $56 million, new financial projections indicate that the district will still face a deficit in 2028. Instead of being down $96 million, the deficit is now expected to be closer to $39 million. [2]

Key to this financial improvement are recent measures undertaken by CMSD, including $28 million in savings over the next three years through cuts to alternative school calendars. In addition, CMSD plans to tighten individual school budgets as part of the deficit reduction strategy. [2]

Starting in the next academic year, schools will receive separate budgets: one designated for staff and another per student. This change offers schools flexibility in managing their funds, with an option to request additional resources if necessary.

School officials are also examining various options to address the financial shortfall, including potential budget cuts, the revision of school programs, the closure of schools, and more.


Unpaid Property Taxes in Cuyahoga County
Cuyahoga County is facing intensified budgetary challenges due to an increase in unpaid property taxes. This uptick in delinquencies follows a recent countywide property reappraisal, which resulted in an average 32% rise in home values. [3]

The higher tax bills have placed a considerable burden on residents, leading to an escalation in tax defaults. This reduction in tax revenue exacerbates the budget crunch experienced by the county, limiting available funds for essential services. The situation is directly impacting the county’s finances, contributing to an anticipated $19.2 million shortfall in the reserves for the Health and Human Services Levy. [3]
Rising Living Costs in Cuyahoga County
As Cuyahoga County households experience financial strain, they find it increasingly difficult to meet daily needs, contributing to a broader economic cycle of reduced spending power.

Many full-time workers, including food delivery drivers, fast-food employees, home health aides, and even some teachers, struggle to earn enough to meet their essential needs, such as housing, child care, food, transportation, health care, technology, and taxes. These individuals are classified as ALICE, an acronym for Asset Limited, Income Constrained, Employed. [4]

In Cuyahoga County, over 25% of households are identified as ALICE, in addition to the 16% of households living at or below the poverty line. Combined, this means that 43% of households in the county are struggling to meet the basic cost of living. [4]

Support from local government and non-profit organizations is necessary to assist these families, addressing immediate financial needs and providing pathways to recovery and financial stability.


Increase in Foreclosure Filings in Cuyahoga County
Cuyahoga County is experiencing a concerning rise in foreclosure filings, which further strains its financial resources and impacts community stability. This increase is attributed to several factors, including job losses and reduced income.

In April 2024, Cuyahoga County was among the top 10 U.S. counties for foreclosures, with 229 foreclosure starts. [5] As more families face the risk of losing their homes, the local housing market also feels the strain, disrupting economic recovery efforts.

County and city officials are exploring measures to stop foreclosure, such as loan modification programs and foreclosure prevention initiatives, in an effort to stabilize the housing market and support community recovery.
Strategies to Address the Budget Deficit
To address the budget hole, municipalities and school officials are considering a variety of approaches to safeguard essential services while achieving fiscal balance. Here are some measures that may help tackle the cash crisis:

 	One proposed strategy to alleviate the budget crunch is to make cuts to out-of-school programs. These programs, which provide essential services to students, are often the first to face scrutiny during budget crunches. Reducing or eliminating funding for these school board programs can free up resources for more critical areas.
 	In response to the pressing budget crunch, some school districts are considering layoffs at the central office as a means of trimming expenses. By reducing administrative costs, districts aim to preserve classroom resources and direct funds more efficiently toward student instruction.
 	The county has decided to halt hiring for all positions unless they are deemed "mission critical" by Janas. However, hiring for corrections officers and protective services officers will continue up to their authorized levels. [6]
 	Each department of the county government has had its budget rolled back to the 2024 expenditure levels. [6]
 	In addition, overtime spending is being reduced in three sectors. The Sheriff’s Department decreases deputy overtime by 10%, limiting it to a maximum of $4.8 million annually, and reduces corrections officer overtime by 7%, capping it at $10.4 million annually. The Department of Public Works is also required to reduce overtime for trades and custodial work by 25%. [6]

If you are facing foreclosure or need a bankruptcy attorney in Cuyahoga County, contact Richard West for a free consultation.

Sources:

[1] Kaitlin Durbin, cleveland.com & Kaitlin Durbin, KDurbin@advance-ohio.com. (2024, December 4). Cuyahoga County facing ‘larger than normal,’ $25 million budget deficit in 2025. Cleveland. https://www.cleveland.com/news/2024/12/cuyahoga-county-facing-larger-than-normal-25-million-budget-deficit-in-2025.html

[2] Indriolo, M., & Indriolo, M. (2025, May 15). By cutting calendars and trimming school budgets, CMSD says it reduced a looming deficit by $56 million. Signal Cleveland. https://signalcleveland.org/by-cutting-calendars-and-trimming-school-budgets-cmsd-says-it-reduced-a-looming-deficit-by-56-million/

[3] Kaitlin Durbin, cleveland.com & Kaitlin Durbin, KDurbin@advance-ohio.com. (2025, June 5). ‘I’ve never seen delinquency to this level’: Unpaid property taxes contribute to Cuyahoga County budget crisis. Cleveland. https://www.cleveland.com/news/2025/06/ive-never-seen-delinquency-to-this-level-unpaid-property-taxes-contribute-to-cuyahoga-county-budget-crisis.html

[4] Cliff Pinckard, cleveland.com & Cliff Pinckard, cpinckard@cleveland.com. (2025, May 19). How many Cuyahoga County households fall below the cost-of-living threshold? The Wake Up for Monday, May 19,. Cleveland. https://www.cleveland.com/metro/2025/05/how-many-cuyahoga-county-households-fall-below-the-cost-of-living-threshold-the-wake-up-for-monday-may-19-2025.html

[5] Team, A. (2024, May 17). Top 10 U.S. Counties with Greatest Numbers of Foreclosure Starts in April 2024. ATTOM. https://www.attomdata.com/news/most-recent/top-10-u-s-counties-with-greatest-numbers-of-foreclosure-starts-in-april-2024/

[6] Kaitlin Durbin, cleveland.com & Kaitlin Durbin, KDurbin@advance-ohio.com. (2025a, March 24). Cuyahoga County announces immediate budget cuts to hiring, jail overtime amid financial straits. But will it. Cleveland. https://www.cleveland.com/news/2025/03/county-county-announces-immediate-budget-cuts-to-hiring-jail-overtime-amid-financial-straits-but-will-it-be-enough.html

### Finding a Financial Second Chance

Need a Fresh Start?
Life doesn’t always go according to plan. Unexpected medical bills, job loss, divorce, or overwhelming debt can leave even the most responsible individuals feeling trapped and hopeless. But here’s the truth: financial setbacks don’t define you. They can be the very start of something better. More than a quarter of US adults are struggling financially. [1]

Finding a second financial chance isn’t just possible; it’s closer than you think. Whether you're considering bankruptcy, rebuilding credit, or simply trying to get back on track, there are real, proven steps you can take to reclaim your future.

Everyone deserves a clean slate, especially when life throws unexpected challenges your way. Whether you're facing mounting debt or just struggling to make ends meet, understanding how you got here is the first step toward building a better financial future.
Common Causes of Financial Crisis
Financial struggles can happen to anyone. Job loss, medical emergencies, divorce, or simply accumulating debt over time can leave even the most responsible people overwhelmed. These events often come unexpectedly, making it difficult to stay afloat.
The Emotional Toll of Debt
Debt isn't just a financial issue; it affects your mental health, too. Constant stress, anxiety, and shame can weigh heavily on your day-to-day life, relationships, and confidence. It's exhausting, and it doesn’t get better by ignoring it.
Why Ignoring Debt Makes It Worse
Avoiding the problem only allows it to grow. Interest builds, late fees add up, and creditors may take legal action. The longer you wait, the fewer options you may have. Taking action now is the first step toward relief and a real financial second chance.


Exploring Your Options for Relief
Getting a second chance starts with understanding the solutions available. No matter how overwhelming your financial situation feels, there are real, legal, and manageable paths to recovery. Here are some of the most effective options:
1. Bankruptcy – A Legal Fresh Start
Bankruptcy exists to protect people who’ve hit a financial wall. It stops creditors in their tracks and gives you breathing room to reorganize or eliminate debt. The most common types include:

 	Chapter 7 Bankruptcy: Often called "liquidation bankruptcy," it wipes out most unsecured debts like credit cards, medical bills, and personal loans. It’s usually for people with limited income and few assets.
 	Chapter 13 Bankruptcy: This allows you to keep your property and pay back debt over 3–5 years through a court-approved plan. It's ideal if you have regular income but have fallen behind on payments.

Bankruptcy is not the end; it’s a new beginning, backed by federal law, to help you move forward with confidence.
2. Debt Consolidation or Settlement
If you’re not quite ready for bankruptcy, debt consolidation or settlement may offer a workable alternative:

 	Debt Consolidation involves combining multiple debts into a single monthly payment, often with a lower interest rate.
 	Debt Settlement means negotiating with creditors to pay less than you owe, typically in a lump sum.

These methods require careful planning and, ideally, professional guidance to avoid making your situation worse.


3. Government and Nonprofit Assistance
There are trusted resources available if you need help navigating debt or day-to-day expenses:

 	HUD-Approved Credit Counselors offer free or low-cost financial advice, debt management plans, and budgeting help.
 	State & Local Relief Programs may assist with rent, utilities, food, or medical expenses, especially useful during job loss or emergencies.

Don’t overlook these resources; they are designed to support people exactly when life feels the most uncertain.
The Role of Legal and Professional Help
Navigating a financial crisis isn’t something you have to do alone. In fact, working with experienced professionals can make the difference between temporary relief and lasting recovery.
Bankruptcy Attorneys
Filing for bankruptcy involves complex rules, strict deadlines, and important decisions. A skilled bankruptcy lawyer can:

 	Evaluate your financial situation and explain your best options
 	Help you choose between Chapter 7 and Chapter 13
 	Handle all paperwork and court filings
 	Represent you at hearings and protect your rights
 	Ensure you get the maximum relief available under the law

The right bankruptcy attorney not only simplifies the process, but they also empower you to move forward with clarity and confidence.
Credit Counselors and Financial Coaches
A credit counselor offers personalized advice to help you regain control of your money. They can:

 	Help you develop a workable budget
 	Offer debt management plans
 	Teach strategies to rebuild credit and save for the future

For long-term change, working with a financial coach can be incredibly valuable in building new habits and achieving your goals.


Rebuilding Your Financial Life
Finding a second financial chance isn’t just about escaping debt; it’s about building a strong foundation for a better future. Once you’ve taken the first steps toward relief, the next phase is rebuilding. Here’s how to regain control, develop good financial habits, and set yourself up for long-term success.
Creating a New Budget and Sticking to It
Your budget is the blueprint for your financial comeback. It helps you stay in control, prioritize essentials, and avoid falling back into old patterns.

Tips to create a realistic budget:

 	Track your income and expenses – Know exactly where your money is going.
 	Prioritize necessities – Rent, utilities, groceries, transportation.
 	Cut non-essential spending – Cancel unused subscriptions, eat out less, shop mindfully.
 	Use the 50/30/20 rule – 50% needs, 30% wants, 20% savings/debt repayment.
 	Review and adjust regularly – Your budget should evolve with your financial situation.

Consistency is key. A solid budget gives you a sense of control, and control builds confidence.
Building an Emergency Fund
An emergency fund is your financial safety net, a buffer between you and the next unexpected expense.

Why it matters:

 	Prevents you from relying on credit cards or loans during a crisis.
 	Reduces anxiety about future uncertainty.
 	Builds financial resilience and peace of mind.

Start small, grow steadily:

 	Aim for at least $500 to start.
 	Set a goal of 3 to 6 months’ worth of essential expenses.
 	Automate savings, even $10/week adds up over time.

Think of it as buying yourself security, one small deposit at a time.
Empowering Your Future
Rebuilding your finances isn’t just about numbers; it’s about mindset. Once you’ve taken steps to regain control, the next phase is staying empowered, proactive, and resilient. The journey won’t always be easy, but with the right tools and support, your financial future can be stronger than ever.
Setbacks Are Not Failures
Life can throw curveballs, even after you've started to recover. The key is not letting those moments define you. Every mistake is a lesson, and every challenge is a chance to grow.

Keep this in mind:

 	Financial recovery is not linear; there may be ups and downs.
 	You’ve already taken the hardest step: deciding to change.
 	Progress is more powerful than perfection.


Use Resources and Support Systems
You don’t have to do this alone. Whether it’s professional advice, community help, or financial tools, use what’s available.

Helpful resources include:

 	Nonprofit organizations offering budgeting, debt management, and credit education.
 	Online tools and apps to track spending, automate savings, and monitor credit scores.
 	Support groups and financial forums where you can connect with others on similar journeys.

Community and accountability make a big difference. Reach out, ask questions, and stay connected.

You don’t have to figure this out on your own. If you're ready to take control of your finances and start fresh, reach out to someone who’s helped thousands of people just like you. Call Richard West at 937-748-1749 today.

Source:

[1] USAFacts. (2024, June 21). How are Americans doing financially? USAFacts. https://usafacts.org/articles/how-are-americans-doing-financially/

### Debunking Debt Myths

What Are The Myths Surrounding Debt?
Debt is dangerous. Never borrow money. Paying interest is throwing money away.

Sound familiar? These are just a few of the debt myths that circulate like gospel, repeated so often that many people accept them without question. But here’s the truth: not everything you’ve heard about debt is accurate.

In a world where financial literacy is more important than ever, misunderstanding debt can cost you, emotionally, mentally, and financially. Whether you’re managing student loans, trying to pay off credit cards, or simply thinking about taking out a mortgage, knowing the difference between myth and reality is essential.

In 2024, the average American debt (excluding mortgages) was $22,713. This includes various types of debt, with credit card debt being a significant portion. [1]

Here are some of the most common misconceptions about debt. As they are revealed as myths, it will help you make informed decisions about your financial future.

1. Debt is always harmful and should be avoided completely

2. Paying off the largest debt first is the smartest way to become debt-free

3. Looking at your own credit score will damage it

4. Filing for bankruptcy will destroy your financial future permanently

5. It’s impossible to negotiate or change your repayment terms with creditors

6. As long as you make the minimum monthly payment, you're managing your debt well

7. Working with a debt settlement company is the best and safest way to get rid of debt
Myth #1: All Debt Is Bad
The myth: Debt is inherently negative and should be avoided at all costs.

The truth: Not all debt is created equal, and some types can actually work in your favor.

It’s easy to think of debt as a financial burden, and in many cases, it can be. But when used responsibly, debt can be a strategic tool for building wealth, growing a business, or investing in your future. This is known as “good debt.”

For example:

 	A mortgage can help you build equity in a home, often a solid long-term investment.
 	Student loans can lead to higher earning potential over a lifetime.
 	Business loans can fund expansion, create jobs, and increase income potential.

On the other hand, “bad debt” usually refers to high-interest consumer debt, like credit cards used for non-essential spending. But even that debt, when managed strategically, doesn’t have to define your financial health.

The key takeaway? Debt is a tool. Like any tool, it can help or harm depending on how you use it.


Myth #2: You Should Pay Off the Highest Balance First
The myth: The smartest way to get out of debt is to tackle the loan or credit card with the biggest balance first.

The truth: Paying off the highest balance isn’t always the most efficient or the most motivating method.

There are two proven debt repayment strategies:

 	The Avalanche Method:
Focus on paying off debts with the highest interest rates first, while making minimum payments on the rest. [2]

 	Best for: Saving the most money over time.
 	Why it works: High-interest debt grows faster, so eliminating it first reduces total interest paid.


 	The Snowball Method:
Focus on paying off the smallest balance first, then move to the next smallest. [3]

 	Best for: Building momentum and staying motivated.
 	Why it works: You get quick wins, which can encourage you to stick to your plan.




 	

While the avalanche method is more cost-effective, the snowball method often works better psychologically. The right choice depends on your personality, discipline, and financial goals.

Bottom line: It’s not just about numbers, it’s about what keeps you going. Choose the strategy that helps you stay consistent.
Myth #3: Checking Your Credit Score Hurts It
The myth: Every time you check your credit score, your credit takes a hit.

The truth: Simply checking your own credit score has no impact on your credit at all.

This common misconception causes many people to avoid monitoring their credit altogether, which can actually lead to more problems in the long run. In reality, there are two types of credit inquiries:

 	Soft Inquiries: These occur when you check your own credit report or when a company pre-approves you for an offer (like a credit card or loan). Soft pulls are completely harmless to your score.
 	Hard Inquiries: These happen when a lender checks your credit as part of a lending decision (like applying for a mortgage, car loan, or credit card). A hard inquiry can slightly lower your score, but only temporarily, and usually by just a few points.

Monitoring your credit regularly is actually a smart habit. It helps you:

 	Catch errors or fraudulent activity early
 	Track your progress
 	Make informed decisions when applying for credit

Tip: Use trusted platforms that offer free credit monitoring to stay informed without worry.


Myth #4: Bankruptcy Ruins Your Life Forever
The myth: Filing for bankruptcy means the end of your financial future, and you will never recover.

The truth: While bankruptcy is serious, it’s not a life sentence. In many cases, it’s a chance to reset and rebuild.

This carries a heavy stigma, but for people buried under unmanageable debt, it can offer relief and a clear path forward. It legally wipes out or restructures certain debts and gives you breathing room to get back on your feet.

Here’s what most people don’t realize:

 	Bankruptcy stays on your credit report for 7–10 years, but its impact lessens over time.
 	Many people start rebuilding credit within 1–2 years by using secured credit cards or responsible budgeting.
 	You can still qualify for a mortgage or car loan a few years after bankruptcy with improved credit behavior.

Bankruptcy isn’t the easy way out; it’s a last resort, and it comes with real consequences. But for those drowning in debt, it can also be the beginning of a fresh, more stable financial life.

Bottom line: Bankruptcy is not financial death, it’s financial triage.
Myth #5: You Can’t Negotiate with Creditors
The myth: What you owe is set in stone, and creditors won’t budge.

The truth: Many creditors are willing to negotiate, especially if they believe it increases their chances of getting paid.

When you're struggling with debt, it's easy to assume you're at the mercy of lenders. But the truth is, creditors would often rather recover something than nothing, which means you have room to negotiate.

You can potentially negotiate:

 	Lower interest rates
 	Reduced payoff amounts (debt settlement)
 	Waived late fees
 	Revised payment plans or hardship programs

Here’s how to approach it:

 	Be honest: Explain your financial situation clearly and respectfully.
 	Get it in writing: Any changes to your payment agreement should be documented.
 	Stay proactive: Contact your creditors before you fall too far behind.

In many cases, a simple phone call can open the door to a better arrangement, one that helps both you and the creditor.

Tip: If negotiating feels overwhelming, consider working with a reputable non-profit credit counseling agency to advocate on your behalf.
Myth #6: Minimum Payments Are Enough
The myth: As long as you’re making the minimum payment on your credit card or loan, you’re in the clear.

The truth: Minimum payments keep you afloat, but they don’t move you forward.

Credit card companies love it when you only make the minimum payment. Why? Because it means you’ll stay in debt longer and pay far more in interest over time.

Let’s break it down:

 	Making only the minimum payment on a $5,000 credit card balance with a 20% interest rate can take 20+ years to pay off.
 	You could end up paying double or even triple the original amount due to compounding interest.

Minimum payments are designed to keep your account in good standing, not to help you eliminate debt.

Here’s what you should do instead:

 	Pay more than the minimum — even small extra payments make a big difference.
 	Target one debt at a time using the snowball or avalanche method.
 	Avoid new charges while you’re paying down existing debt.

Bottom line: Minimum payments are the floor, not the finish line.


Myth #7: Debt Settlement Companies Are Always a Good Idea
The myth: Hiring a debt settlement company is a guaranteed way to get out of debt faster and cheaper.

The truth: Debt settlement companies can be risky, and they’re not the magic solution they claim to be.

These companies often promise to negotiate with your creditors to reduce what you owe, charging a hefty fee in the process. But what they don’t always tell you is:

 	They may ask you to stop paying your creditors, which can tank your credit score and lead to collections or lawsuits.
 	Success isn’t guaranteed. Creditors aren’t obligated to accept a lower amount.
 	You may owe taxes on the forgiven debt.
 	Fees can be high, often 15–25% of the debt total.

While legitimate debt settlement firms do exist, many prey on people who are already vulnerable. In some cases, working directly with your creditors or through a non-profit credit counseling service is a safer, more transparent path.

Bottom line: If it sounds too good to be true, it probably is. Always research carefully before trusting any debt relief service.

If you have been in debt and need legal advice, reach out to Richard West today at 937-748-1749.

Sources:

[1] Streaks, J. (2025, May 16). Average American debt: Household debt statistics. Business Insider. https://www.businessinsider.com/personal-finance/credit-score/average-american-debt

[2] Tardi, C. (2024, May 21). Debt Avalanche: Meaning, pros and cons, and example. Investopedia. https://www.investopedia.com/terms/d/debt-avalanche.asp

[3] Kagan, J. (2024b, July 2). Debt Snowball Method: How it works to pay off debt. Investopedia. https://www.investopedia.com/terms/s/snowball.asp

### The Truth About Trump's Bankruptcies

Trump Bankruptcies and The Reality
When people hear the word "bankruptcy," it often evokes images of financial failure and ruin. So when it comes to someone as high-profile as Donald J. Trump, a real estate mogul turned U.S. President, the word takes on even greater significance. Critics frequently point to Trump’s multiple corporate bankruptcies as evidence of financial mismanagement, while supporters argue they reflect savvy business strategy within a volatile industry.
Understanding Bankruptcy
Before diving into the details of Donald Trump’s business bankruptcies, it’s necessary to first understand what bankruptcy actually means, especially in the world of high-stakes real estate and corporate finance. Bankruptcy isn’t always a sign of personal failure or mismanagement; in fact, it can be a strategic legal tool used by companies to stay afloat during tough times.
Quick Primer on Chapter 11 Bankruptcy
Chapter 11 bankruptcy is a legal process under U.S. law that allows businesses to reorganize their debts while continuing to operate. Unlike liquidation (Chapter 7), Chapter 11 aims to give companies breathing room to restructure their finances, renegotiate contracts, and create a viable plan to return to profitability. It doesn’t mean the business disappears; it means it gets a chance to survive and rebuild.


The Distinction Between Personal and Corporate Bankruptcy
Personal bankruptcy (commonly filed under Chapter 7 or Chapter 13) involves an individual’s financial obligations, credit card debt, medical bills, etc., and can result in asset liquidation or a repayment plan.

Corporate bankruptcy, on the other hand, involves legal entities like LLCs or corporations. These businesses file for bankruptcy protection when they can't meet their financial obligations, but the personal assets of owners or executives are typically protected unless they've personally guaranteed debts. In Trump's case, his business entities filed for Chapter 11, not Trump personally.
Why Large Businesses (Not Just Trump’s) Use Bankruptcy Strategically
Bankruptcy isn't always a last resort, it’s often a calculated business move. Major companies like General Motors, Delta Airlines, and Hertz have all used Chapter 11 to restructure massive debts, shed unprofitable contracts, and emerge stronger.

For companies carrying heavy debt or facing industry downturns, Chapter 11 provides a legal way to pause the bleeding, renegotiate terms, and avoid complete collapse. While it carries a stigma in public perception, in the business world, it’s often viewed as a tool for survival, not necessarily failure.


The Timeline of Trump’s Bankruptcies
Donald Trump's business ventures have filed for Chapter 11 bankruptcy protection six times, primarily involving his casino and hotel operations in Atlantic City and New York. Here's a breakdown of each filing:
1. Trump Taj Mahal (1991)
Opened in April 1990, the Trump Taj Mahal was financed with $675 million in junk bonds at a 14% interest rate. Within a year, the casino couldn't meet its debt obligations and filed for bankruptcy in 1991. Trump agreed to give up 50% ownership to bondholders in exchange for more favorable terms. [1]
2. Trump Castle (1992)
In March 1992, Trump Castle, another Atlantic City casino, filed for Chapter 11 bankruptcy protection. The prepackaged bankruptcy plan aimed to restructure the casino's debt and reduce interest payments. [2]
3. Trump Plaza Hotel (1992)
The Plaza Hotel in New York, acquired by Trump in 1988 for $390 million, filed for bankruptcy in November 1992. Under the reorganization plan, Trump gave up a 49% stake to lenders to alleviate the hotel's $550 million debt burden. [3]
4. Trump Hotels and Casino Resorts (2004)
In 2004, Trump Hotels and Casino Resorts, the parent company of Trump's casino holdings, filed for bankruptcy due to mounting debts exceeding $1.8 billion. The restructuring plan included a $400 million bailout, and Trump reduced his ownership stake from 56% to 27%. [4]
5. Trump Entertainment Resorts (2009)
Following the 2008 financial crisis, Trump Entertainment Resorts filed for bankruptcy in February 2009. The company cited declining revenues and a $1.25 billion debt load. Trump resigned from the board shortly before the filing, distancing himself from the company's financial troubles. [5]
6. Trump Entertainment Resorts (2014)
In September 2014, Trump Entertainment Resorts filed for bankruptcy again, primarily due to ongoing financial struggles at the Trump Taj Mahal. The company reported liabilities between $100 million and $500 million, with assets of no more than $50,000. [6]
Felix Mizioznikov - stock.adobe.com
Key Reasons Behind the Bankruptcies
While Donald Trump’s name has become almost synonymous with success and branding, his corporate history tells a more complex story.
Overleveraging and Heavy Debt
Most of Trump’s casino ventures were financed with large amounts of high-interest debt, often through junk bonds. For example, the Trump Taj Mahal alone opened with $675 million in debt at a 14% interest rate. These aggressive financial strategies left the businesses highly vulnerable to even small revenue declines, making default and bankruptcy more likely.
Misjudged Market Conditions
Trump heavily bet on Atlantic City at a time when the market was already showing signs of saturation. Instead of scaling cautiously, he expanded quickly and borrowed heavily, misjudging both consumer demand and the staying power of the region’s gaming industry.
Industry-Specific Downturns
The casino industry is particularly volatile and sensitive to broader economic trends. Recessions, regulatory changes, and increased competition (like the rise of casinos in neighboring states) contributed to decreased revenues across Trump’s properties.


Failure to Diversify or Pivot in Time
Rather than shifting focus or diversifying his portfolio during signs of financial distress, Trump doubled down on his casino empire. While some of his later ventures did explore other sectors, the earlier bankruptcies reflected a narrow and risky focus on one declining industry.
Trump’s Role and Personal Liability
Overleveraging and Heavy Debt
Despite frequent media mentions of “Trump’s bankruptcies,” Donald Trump himself never filed for personal bankruptcy. In fact, through strategic use of corporate structures and brand licensing, he managed to shield his personal wealth from the fallout. All six bankruptcies were filed by corporations in which he held a significant interest.
Corporate Structures Shielded Him from Personal Losses
The use of LLCs and corporate entities meant that when these businesses failed, Trump’s personal assets remained protected. This is a common and legal business strategy, corporations are structured specifically to separate the individual from the entity’s liabilities.
His Name as a Brand, Separate From Operations
In many cases, Trump’s name was used as a brand license rather than indicating full operational control. This allowed him to profit from branding deals while limiting his personal financial risk. Even as some Trump properties struggled or went bankrupt, the “Trump” brand retained commercial value, helping him recover in other ventures like real estate, media, and licensing.

If you are looking to file for bankruptcy in Ohio, contact Richard West by calling at 937-748-1749 today

Sources:

[1] RUBIO Campaign press Release - The four times Donald Trump has declared bankruptcy | The American Presidency Project. (n.d.). https://www.presidency.ucsb.edu/documents/rubio-campaign-press-release-the-four-times-donald-trump-has-declared-bankruptcy?

[2] Reports, F. T. S. a. W. (2019, March 7). ENTERTAINMENT - Los Angeles Times. Los Angeles Times. https://www.latimes.com/archives/la-xpm-1992-03-10-fi-3691-story.html?

[3] Plaza Hotel files for bankruptcy protection under Trump plan - UPI Archives. (1992, November 4). UPI. https://www.upi.com/Archives/1992/11/04/Plaza-Hotel-files-for-bankruptcy-protection-under-Trump-plan/5512720853200/

[4] From Associated Press. (2019, March 4). Trump’s Chapter 11 plan includes $400-Million bailout - Los Angeles Times. Los Angeles Times. https://www.latimes.com/archives/la-xpm-2004-aug-11-fi-trump11-story.html

[5] Clark, A. (2018, February 9). Donald Trump in deal to regain control of Trump Entertainment. The Guardian. https://www.theguardian.com/business/2009/aug/04/donald-trump-deal-trump-entertainment-resorts?

[6] Reuters, C. W. (2014, September 9). Trump Entertainment Resorts files for Chapter 11 bankruptcy protection. CNBC. https://www.cnbc.com/2014/09/09/trump-entertainment-resorts-files-for-chapter-11-bankruptcy.html

### When Creditors Violate an Automatic Stay

Automatic Stay Violations
Filing for bankruptcy is often a difficult but necessary step for individuals or businesses overwhelmed by debt. It offers a legal pathway to regain control of finances and start fresh. One of the most immediate and powerful protections it provides is the automatic stay, a court-ordered shield that halts all collection efforts the moment a bankruptcy petition is filed.

The automatic stay is not just a procedural formality; it's a necessary lifeline at times. It stops wage garnishments, foreclosures, lawsuits, harassing phone calls, and other aggressive creditor actions, giving the debtor much-needed breathing room to reorganize or eliminate debts under the protection of federal law.

But what happens when creditors ignore this legal shield and continue their collection efforts anyway?
What Is an Automatic Stay?
The automatic stay is a fundamental protection built into U.S. bankruptcy law. It is outlined under Section 362 of the U.S. Bankruptcy Code, and it acts as an immediate injunction that halts most collection activities the moment a bankruptcy petition is filed, whether under Chapter 7, Chapter 11, or Chapter 13.

This legal freeze goes into effect automatically, without the need for a hearing or court approval, as soon as the bankruptcy case is initiated. That means creditors are legally barred from pursuing any further collection efforts until the stay is lifted, modified, or the case is closed.


Who and What Does It Protect?

 	The Debtor: Individuals or businesses filing for bankruptcy are protected from harassment, lawsuits, and financial seizures.
 	The Debtor’s Property: Assets of the bankruptcy estate are shielded from creditor actions, ensuring orderly distribution and fair treatment of all parties.

What Actions Are Prohibited by the Automatic Stay?
Once the automatic stay is in place, creditors must immediately cease all collection activities. Violating the stay, even unintentionally, can lead to serious legal consequences.

Here are the key actions that are prohibited:
Contacting the Debtor for Payment
Creditors cannot call, text, email, or send letters demanding payment. Even a single collection call after the bankruptcy filing can be a violation.
Filing or Continuing Lawsuits
Any pending lawsuits to collect a debt must be paused, and no new lawsuits related to debt collection can be filed. This includes actions in small claims court or other civil proceedings.
Wage Garnishment or Bank Levies
Employers and banks must stop all garnishments and levies. Attempting to garnish wages or seize funds from bank accounts after the bankruptcy filing is a clear violation.


Foreclosure or Eviction Proceedings
If a creditor or landlord is in the process of foreclosing on or evicting the debtor, those actions must stop, unless specific permission is granted by the bankruptcy court.
Repossessing Property
Creditors cannot repossess a vehicle, machinery, or other collateral, even if the debtor has fallen behind on payments, once the stay is in effect.
What Constitutes a Violation of the Automatic Stay?
A violation of the automatic stay occurs when a creditor continues with collection actions after a bankruptcy petition has been filed. The automatic stay is a court order, and failure to comply, whether intentional or not, can result in serious legal consequences.
Willful vs. Unintentional Violations
A willful violation happens when a creditor is aware of the bankruptcy filing and still takes an action that breaches the stay. Intent is not necessary; only knowledge of the bankruptcy and a deliberate act are required.

An unintentional violation may occur when a creditor has not yet received notice or is unaware of the filing. However, once notified, creditors are expected to act immediately to halt all collection efforts. Ignorance of the stay is not a reliable defense if the creditor should have known based on available information.
Common Examples of Stay Violations

 	Sending letters, emails, or text messages demanding payment
 	Making collection calls after the filing date
 	Filing new lawsuits or proceeding with existing litigation
 	Continuing wage garnishments or levies
 	Repossessing vehicles or initiating foreclosure proceedings

These actions, once the stay is in effect, are generally prohibited unless the creditor obtains court approval to proceed.


Importance of Creditor Notice and Good Faith
Debtors (or their attorneys) are responsible for notifying creditors of the bankruptcy filing. Once proper notice is provided, creditors must take all reasonable steps to stop collections. Courts expect good faith compliance. Continuing collection efforts after receiving notice is likely to be considered a willful violation, even if the creditor believes they are legally justified.
Legal Consequences for Creditors
Violating the automatic stay isn’t just a procedural misstep; it’s a serious legal matter that can result in significant penalties for creditors. The courts view the automatic stay as a fundamental protection for debtors, and any disregard for it can trigger a range of consequences, both civil and financial.
Contempt of Court
If a creditor knowingly violates the automatic stay, they can be held in contempt of court. This is especially true when the creditor has received proper notice of the bankruptcy filing but chooses to pursue collection efforts anyway. Bankruptcy courts have the authority to issue contempt rulings to enforce their orders and uphold the integrity of the bankruptcy process.
Sanctions and Penalties
Courts may impose sanctions on creditors to deter future violations and to penalize misconduct. These sanctions may vary depending on the severity and frequency of the violations, and they can be applied even if the violation did not result in significant harm to the debtor.
Compensatory Damages
Debtors who suffer harm from an automatic stay violation can be awarded compensatory damages. These include:

 	Actual Damages: This may cover lost wages, repossession costs, returned check fees, or other out-of-pocket losses.
 	Emotional Distress: Courts have awarded damages for emotional suffering caused by harassment, threats, or the stress of losing property, especially when the violation is egregious.


Punitive Damages
In extreme cases involving malicious, fraudulent, or oppressive conduct, the court may award punitive damages. These are intended to punish the creditor and send a strong message that abusive conduct will not be tolerated.
What Should a Debtor Do If the Stay Is Violated?
If you're a debtor and believe a creditor has violated the automatic stay, take immediate and strategic action. Your rights are protected under the Bankruptcy Code, and you don’t have to tolerate illegal collection efforts.
1. Contact the Creditor Immediately
In some cases, the violation may be the result of an honest mistake or lack of notice. The first step is to contact the creditor in writing and inform them that you have filed for bankruptcy. Provide your case number, the court where your case was filed, and the date of filing. This can often stop the harassment or collection activity without further legal action.
2. Keep Detailed Records
Document everything. Keep a log of phone calls, save emails, texts, letters, and any other communication from the creditor. If property is repossessed or wages are garnished post-filing, gather evidence such as pay stubs, bank statements, or towing receipts. These records will be critical if you need to go to court.
3. File a Motion for Sanctions
If the creditor refuses to cease collection efforts after being notified of the bankruptcy, you (or your attorney) can file a motion for sanctions with the bankruptcy court. This motion asks the court to:

 	Enforce the automatic stay
 	Penalize the creditor
 	Award you damages for any harm you suffered

4. Work with a Bankruptcy Attorney
A bankruptcy attorney can communicate directly with creditors, often putting an immediate stop to unlawful behavior.

The automatic stay is one of the most powerful protections available to debtors in bankruptcy. When creditors ignore this protection, whether intentionally or by mistake, the consequences can be serious. Debtors have clear rights under the law, and courts do not hesitate to enforce them through fines, damages, and other penalties.



If you are looking for a bankruptcy attorney who can help, reach out to Richard West today at 937-748-1749.
FAQs
What if a creditor contacts me after I’ve filed for bankruptcy?

It may be a violation of the automatic stay. First, confirm that the creditor knows about your bankruptcy. If they’ve been notified and still contact you, you may be entitled to damages and legal relief.

Do creditors always know I filed for bankruptcy?

Not necessarily right away. Creditors typically receive notice from the bankruptcy court or your attorney, but delays can happen. That’s why it’s a good idea to send them a copy of your bankruptcy filing yourself, especially if they contact you.

Can I really get money if a creditor breaks the rules?

Yes. If a creditor willfully violates the stay, you can recover:

 	Actual damages (financial losses caused by the violation)
 	Emotional distress damages
 	Attorney’s fees and costs
 	In extreme cases, punitive damages

How long does the automatic stay last?

Usually, it lasts until:

 	Your bankruptcy case is closed or dismissed
 	The court lifts the stay at a creditor’s request
 	You receive a discharge of debts. In Chapter 7 cases, this is often a few months. In Chapter 13, it can last 3–5 years.

What if the creditor says it was just a mistake?

Even if unintentional, creditors are expected to correct the violation quickly once notified. If they fail to act in good faith, courts may still impose penalties.

Can I stop repossession or foreclosure with an automatic stay?

Yes. If you’re behind on car or mortgage payments, the automatic stay temporarily halts repossession and foreclosure proceedings. However, you’ll need to work out a plan through your bankruptcy case to keep the property long-term.

Source:

[1] Kagan, J. (2024, March 26). Automatic stay: what it is, how it works, example. Investopedia. https://www.investopedia.com/terms/a/automaticstay.asp

### Does Medical Debt Affect Your Credit Score?

Impact of Medical Debt on Your Credit Score				
		Medical debt is a common financial burden that many individuals face, but does it have an impact on your credit score? Approximately 14 million people (6% of adults) in the U.S. owe over $1,000 in medical debt, and about 3 million people (1% of adults) owe medical debt of more than $10,000. [1]For those struggling with unexpected medical expenses, the idea of a credit score taking a hit can be a major source of stress.While medical debt is treated differently from other forms of debt, understanding how it can affect your financial standing.		
					What is Medical Debt?				
		Medical debt refers to money owed for medical services and treatments that have not been paid for at the time of service. This can include a variety of healthcare-related costs, such as hospital bills, doctor’s fees, surgeries, prescription medications, diagnostic tests, and emergency care.Essentially, it’s any outstanding balance from medical treatment that you are financially responsible for, whether due to insurance coverage gaps or lack of insurance altogether.Examples of medical debt might include:		
							
							
										A hospital bill for emergency care after an accident
									
								
										Unpaid co-pays and deductibles for a doctor's visit or specialist consultation
									
								
										Prescription medication costs not covered by insurance
									
								
										A balance owed after insurance has paid its portion, leaving the patient responsible for the remainder
									
						
					How Medical Debt Differs from Other Types of Debt?				
		While medical debt is still a form of debt, it has unique characteristics that set it apart from traditional debts like credit cards, personal loans, or mortgages. Some key differences include:		
							
							
										Unpredictability: Unlike credit card or mortgage debt, medical debt is often unexpected. Many individuals incur medical debt due to sudden illness, accidents, or emergencies, making it more challenging to plan for and manage.
									
								
										No Interest (Initially): Typically, medical debt does not accrue interest in the same way as credit card debt or loans. However, if the debt is not paid on time and is sent to collections, interest and fees may be added.
									
								
										Insurance Complications: A major factor in medical debt is the involvement of insurance. Even insured individuals can face significant medical bills if their insurance doesn’t cover the full cost or if they face a high deductible, copays, or out-of-network charges.
									
								
										Less Immediate Impact on Credit: Medical debt doesn’t immediately impact your credit score the way credit card or loan defaults do. It usually won’t show up on your credit report until it is significantly overdue (typically after 180 days) and sent to collections.
									
								
										Protections and Regulations: There are specific laws that protect consumers from aggressive collections related to medical debt. For example, in many places, hospitals are required to offer financial assistance programs to those who qualify, and some states have protections against medical debt impacting credit scores immediately.
									
						
																														
					How Medical Debt Affects Your Credit Score				
		Credit scores are numerical representations of a person’s creditworthiness, determined by major credit bureaus (Equifax, Experian, and TransUnion). The two most common credit scoring models used are FICO and VantageScore. [2] The FICO scores, for example, are calculated based on factors such as:		
							
							
										Payment History (35% of FICO score): This is the most important factor. It reflects whether you've paid your bills on time, including credit cards, loans, and medical debt. If you miss payments on your medical bills, especially if they end up in collections, it can significantly lower your score.
									
								
										Amounts Owed (30% of FICO score): This factor considers how much debt you currently owe. If medical debt is sent to collections and added to your credit report, it increases your total outstanding debt, which can lower your credit score. The more medical debt you owe, the higher the potential impact.
									
								
										Length of Credit History (15% of FICO score): The longer your credit history, the better it can be for your score. If your credit history is long and established, medical debt may not have as severe an impact, especially if you have a strong history of managing other debts responsibly.
									
								
										New Credit (10% of FICO score): This factor considers how many new credit accounts you’ve opened recently, as well as the number of recent credit inquiries. Medical debt does not directly affect this category, unless it leads you to open new lines of credit or take on more loans to cover your medical bills, which could impact your score.
									
								
										Credit Mix (10% of FICO score): This refers to the variety of credit accounts you have, such as credit cards, installment loans, and mortgages. Medical debt doesn’t directly affect this category, but if you need to take out additional loans or credit to handle medical bills, it could change your credit mix, potentially affecting your score.
									
						
					Role of Medical Debt in Your Credit Report				
		Medical debt is not immediately reported to the credit bureaus. It generally takes 180 days of non-payment before it is sent to collections and appears on your credit report. This grace period allows time for individuals to resolve any billing issues or settle the debt without impacting their credit score.However, if medical debt does make it to collections and appears on your credit report, it can significantly hurt your credit score.This will primarily affect your Payment History (since the debt is unpaid) and Amounts Owed (since you now have additional debt listed). If the debt is resolved and paid off, the impact can diminish, but it can still stay on your credit report for up to seven years.		
																														
					When Medical Debt Gets Reported to Credit Bureaus				
		Medical debt does not immediately impact your credit score when you first incur it. Credit bureaus generally won’t report unpaid medical debt until it has been delinquent for 180 days. This grace period is designed to give you time to address any billing disputes, arrange payment plans, or even apply for financial assistance programs through healthcare providers before the debt gets reported to collections.However, if the debt remains unpaid after 180 days, healthcare providers or collections agencies may send it to a collection agency, which can then report it to the credit bureaus. At this point, the medical debt can show up on your credit report, affecting your Payment History and Amounts Owed categories, both of which are key factors in determining your credit score.		
					What Happens if Medical Debt is Sent to Collections?				
		When medical debt is sent to collections, it becomes a major red flag for your credit score. The collection account will typically stay on your credit report for up to seven years, even if you pay the debt later. This negative mark can reduce your score, making it harder to qualify for loans, mortgages, or credit cards with favorable interest rates.Once the debt is paid off or settled, the account will still remain on your credit report for a while, but it will be marked as "paid" or "settled." This can help reduce some of the negative impact on your credit score, though the account’s presence will still affect your creditworthiness until it naturally drops off your credit report after seven years.		
					Medical Debt vs. Other Collections				
		While medical debt collections affect your credit report similarly to other types of collections, there are some important distinctions:		
							
							
										Grace Period: Medical debt has a longer grace period before it is reported to credit bureaus, which provides consumers with a chance to address the issue before it starts affecting their credit.
									
								
										Treatment by Scoring Models: Some credit scoring models (like FICO 9 and VantageScore 3.0+) treat paid medical collections more leniently than other types of collections. If the medical debt is paid or settled, it may not have as significant an impact on your credit score as other types of debt collections.
									
						
		In contrast, other types of collections (like unpaid credit card debt or loans) are typically reported to the credit bureaus much sooner and do not benefit from the same grace periods or special treatment in some scoring models.		
					What to Do If You Have Unpaid Medical Debt				
		If you have unpaid medical debt that may affect your credit, there are a few strategies to consider:		
							
							
										Review Your Bills: Ensure the charges are accurate. Medical billing errors are common, and you have the right to dispute incorrect charges before they become part of your credit report.
									
								
										Negotiate With Providers: Many healthcare providers offer financial assistance programs, payment plans, or discounts. Don’t hesitate to contact them to negotiate a payment plan or reduced bill.
									
								
										Monitor Your Credit Report: Check your credit report regularly to catch medical debt as soon as it’s reported. This will allow you to address any issues quickly and keep an eye on the impact it has on your credit score.
									
						
		By understanding when medical debt gets reported and taking steps to address it early, you can minimize its long-term effects on your credit score and financial health.		
																														
		If you're struggling with overwhelming debt, contact our experienced bankruptcy attorneys today at Richard West to explore your options and regain financial freedom.		
					Sources:				
		[1] The burden of medical debt in the United States - Peterson-KFF Health System Tracker. (2024, February 12). Peterson-KFF Health System Tracker. https://www.healthsystemtracker.org/brief/the-burden-of-medical-debt-in-the-united-states/		
		[2] myFICO. (2024, December 16). What’s in my FICO® Scores? myFICO. https://www.myfico.com/credit-education/whats-in-your-credit-score

### What to Do About Collections Harassment in Ohio

Ohio Collections Harassment
Getting endless calls from debt collectors can be overwhelming and stressful. It’s not just about the debt, but about feeling trapped and losing your peace of mind. No one should have to deal with threats or bullying over unpaid bills.

If you’re facing relentless debt collection tactics in Ohio, knowing you have rights and options is necessary.
What Constitutes Collections Harassment?
Understanding what qualifies as harassment is key to recognizing when a debt collector has crossed the line. Here are some detailed examples of unlawful collection practices:

These behaviors are not only unethical but often illegal under laws such as the Fair Debt Collection Practices Act (FDCPA). Recognizing them is the first step toward protecting your rights.

Repeated or Late-Night Calls:

 	Calling you multiple times a day to pressure you into payment.
 	Contacting you at inconvenient times, such as early in the morning or late at night.
 	Ignoring requests to stop calling or to communicate only in writing.

Threatening Language or Behavior:

 	Using abusive or obscene language during communication.
 	Threatening physical harm, arrest, or legal action without basis.
 	Intimidating you by claiming to have legal authority that they don’t possess.

False Claims About Debts:

 	Lying about the amount you owe.
 	Falsely stating that legal action has been taken or will be taken.
 	Misrepresenting themselves as attorneys or government officials to scare you into paying.

Contacting Friends, Family, or Employers:

 	Discuss your debt with people other than you or your attorney.
 	Contacting your employer in an attempt to pressure you into payment.
 	Repeatedly reaching out to friends or family under the guise of locating you.


Legal Protections Against Harassment By Debt Collectors
If you’re facing harassment from debt collectors, know that there are laws in place to protect you. Here are some of the legal protections to be aware of:
Fair Debt Collection Practices Act (FDCPA)
Applies to third-party debt collectors (not original creditors). Prohibits abusive, deceptive, or unfair collection practices. Key Rights Under the FDCPA:

 	Debt collectors cannot call before 8 a.m. or after 9 p.m. without your consent.
 	You have the right to request verification of the debt.
 	Collectors cannot threaten violence, use profane language, or misrepresent the debt.

Telephone Consumer Protection Act (TCPA)
TCPA limits the use of auto-dialing and pre-recorded messages.

 	Requires collectors to obtain your consent for calls to your cell phone.
 	You can file a complaint and seek damages for violations.

Ohio State Consumer Protection Laws
Ohio has additional state laws that reinforce consumer rights.

 	These laws may impose stricter guidelines on debt collectors operating in the state.
 	The Ohio Consumer Sales Practices Act protects against deceptive debt collection practices.

Your Right to Cease Communication
Under the FDCPA, you can send a written request asking the collector to stop all communication.

 	Once received, they can only contact you to confirm the cessation or notify you of legal action.

Right to Legal Action

 	If a debt collector violates your rights, you can file a complaint with the Federal Trade Commission (FTC), the Consumer Financial Protection Bureau (CFPB), or take legal action to recover damages.


Steps to Handle Collections Harassment
Dealing with aggressive debt collection tactics can be overwhelming and stressful. No one deserves to be threatened, intimidated, or constantly badgered about their financial situation.
1. Document All Communication
Keep a detailed log of calls, messages, and letters from the debt collector.

 	Record the date, time, and content of the communication.
 	Save voicemails, screenshots of text messages, and copies of any written correspondence.
 	This documentation can serve as critical evidence if you need to file a complaint or pursue legal action.

2. Request a Debt Validation Letter
Collectors are required to provide proof of the debt under the FDCPA.

 	Within 30 days of the initial contact, request a written validation letter to confirm:

 	The amount of the debt
 	The creditor's name
 	Your rights to dispute the debt


 	Send the request via certified mail with a return receipt to have proof of your request.

3. Send a Cease and Desist Letter
Draft a clear and professional letter asking the collector to stop contacting you.

 	Include your name, account information (if applicable), and a firm request for cessation.
 	Send the letter via certified mail with a return receipt.
 	Keep a copy for your records as evidence.

4. Consider Legal Action
If the harassment persists or causes significant distress, consult a consumer protection attorney.

 	An attorney can help you:

 	File a lawsuit under the FDCPA or Ohio state laws
 	Seek damages, including compensation for emotional distress and legal fees
 	Negotiate with debt collectors on your behalf


 	You may be eligible for statutory damages of up to $1,000, plus additional compensation for violations.

By taking these steps, you can regain control of the situation and protect yourself from unlawful harassment.
How to Prevent Further Harassment in Ohio
Once you’ve addressed collections harassment in Ohio, it's necessary to implement strategies that protect you from future harassment. Ohio law provides specific protections for consumers, and by knowing your rights and managing communication with debt collectors effectively, you can safeguard yourself from ongoing harassment.

Here are some Ohio-specific best practices for managing debt collector communications and handling your debts:

Set Clear Communication Boundaries:

In Ohio, debt collectors are required to respect your preferred communication methods. If you prefer to be contacted only by mail or during specific hours, inform the collector in writing. Clear boundaries help reduce repeated or unwanted contact.

Request Written Communication:

Ohio law allows you to request that all communication with debt collectors be in writing. This ensures that you have a record of all interactions and prevents collectors from making false claims. Always ask for written confirmation of any agreements or claims made during phone conversations.

Know When to Negotiate or Settle Debt:

Ohio debt collectors may offer you the opportunity to settle your debt for less than what is owed. Before agreeing to any settlement, understand how it will impact your credit and financial standing. Be sure to get any settlement agreements in writing and confirm that they’ll be reported to credit bureaus as “paid in full.”

Monitor Your Credit Reports:

In Ohio, as in all states, you’re entitled to a free credit report once a year from each of the three major credit reporting agencies (Equifax, Experian, and TransUnion). Regularly checking your reports ensures that any settled or paid debts are accurately reflected and that no fraudulent debts are being reported.



File Complaints with Ohio Authorities:

If you experience continued harassment after taking the necessary steps, you can file a complaint with the Ohio Attorney General’s Office. Ohio’s consumer protection laws allow you to report violations of the Fair Debt Collection Practices Act (FDCPA), and they may take action on your behalf.

Seek Legal Advice in Ohio:

If you feel your rights are being violated, consider consulting a consumer protection attorney in Ohio. They can help you understand your legal options, guide you through debt resolution, and determine if you’re entitled to compensation for harassment.

Dealing with collections harassment in Ohio can be overwhelming, but you have the power to stop it and regain control of your financial life.

By understanding your rights under both federal and Ohio state law, documenting communications, and taking the right legal steps, you can protect yourself from unfair practices and ensure that debt collectors follow the rules.

Remember, you don’t have to face this alone. If you are facing harassment from collection agencies in Ohio, book a free consultation with the Richard West Law Offices.

### What Should I Bring to My Ohio Bankruptcy Appointment?

What to Bring When Meeting an Ohio Bankruptcy Lawyer				
		Declaring bankruptcy helps people or businesses that cannot pay their debts find a way to fix their money problems. It can also help them get a fresh start and improve their finances over time.Bankruptcy requires a significant amount of paperwork because the court determines whether you qualify to file based on your assets and liabilities. When meeting with an Ohio bankruptcy lawyer, you need to bring some important papers to help them understand your money situation.Here are some documents you should bring:A list of all the valuable things you own, like houses, cars, or expensive items.Any questions you have for your lawyer about bankruptcy or the paperwork needed.Papers that show your money situation, like bank statements, paycheck records, tax returns, and receipts for big purchases.A list of people or companies you owe money to, how much you owe them, and their contact details.Any loan papers, like house loans, car loans, or student loans.Papers for things you own that could be taken away if you do not pay, like cars, jewelry, electronics, or other expensive items.Any documents about a house or apartment you own or rent.If you own a business, bring extra papers like business bank statements and reports.Any other money-related papers that might be important for your case.Any other information your lawyer asks for to help with your case.It is very important to be honest with your bankruptcy lawyer. The more they know, the better they can help you. If you have questions, write them down so you do not forget to ask.		
																														
					What If I Cannot Find a Document or Forget to Bring One?				
		If you lose a document or forget to bring it to your lawyer, do not worry. Just tell your lawyer as soon as you can. They will make a note and help you figure out what to do next.Most of the time, the court gives extra time to find missing papers. This means you can check with banks, employers, or lenders to get the right documents before your case moves forward.From January until March of 2025, there were 3,399 cases filed for bankruptcy in Ohio. [1]		
					Getting Ready to File for Bankruptcy				
		Filing for bankruptcy takes a lot of paperwork, but it can help you deal with your debts. To make the process go smoothly, you must follow the rules and bring all the right documents. Here is what you need to do:		
							
							
										Bring Copies, Not Originals – Make copies of everything like tax returns and car titles because original documents will not be returned. If you need copies made at the office, it will cost $50.
									
								
										Drop Off Your Paperwork – You do not need an appointment to drop off documents.  
									
								
										Put Paychecks in Order – Arrange your paycheck records by date to make sure none are missing. Bring the most recent ones and keep updating them.
									
								
										Do Not Pay Off Friends or Family – You cannot pay back money you owe to family or friends before filing for bankruptcy.
									
								
										Keep Making Payments on Things You Want to Keep – If you want to keep your house or car, you must continue making payments on them.
									
								
										Do Not Use Credit Cards – Stop using credit cards or taking out new loans for at least 90 days before filing for bankruptcy.
									
								
										Take Your Credit Counseling Course – You must take a special course before you can schedule an appointment to file for bankruptcy. Follow the directions on the handout to take the course online or by phone. It will take about an hour.
									
								
										Tell Creditors About Your Lawyer – Tell anyone calling about your debts that you are filing for bankruptcy. Give them your lawyer’s name and phone number.
									
								
										Schedule Your Appointment to File – Your case will not be filed until you meet with your lawyer to read and sign the bankruptcy papers.
									
								
										Bring New Paystubs and Bank Statements – When you go to your final appointment, bring all new paystubs and bank statements since you last dropped off paperwork. 
									
								
										Do Not Give Away or Sell Anything – You cannot sell or give away your things before filing for bankruptcy. Also, do not transfer car titles or property deeds to someone else.
									
								
										Lawsuits, Garnishments, and Home Sales Do Not Stop Until You File – If you are being sued, your wages are being taken (garnished), or your home is being sold by the sheriff, these things will not stop until you officially file for bankruptcy.
									
						
		If you have questions, you can leave a message with your phone number when you call the lawyer's office. They will call you back. You can also send an email. The faster you follow these steps, the sooner you can move forward with your case.		
																														
					How Long Does an Ohio Bankruptcy Take?				
		The time it takes to finish bankruptcy depends on the type you choose.Chapter 7 Bankruptcy is faster. It clears all your debt without a payment plan.Chapter 13 Bankruptcy takes longer because you must follow a plan to repay some of your debt.To make sure things go smoothly, you need to turn in all the right paperwork. This includes details about your money, bills, things you own, and recent spending.Most bankruptcies take about 4 to 6 months to finish.		
					What Problems Might Happen During an Ohio Bankruptcy?				
		Filing for bankruptcy is a long and tricky process, and some problems can come up. Some of these are not your fault, while others can be avoided if you follow the rules and do everything honestly. Here are some common problems you might face:Your Credit Score Will Drop – After filing for bankruptcy, your credit score will go down. But do not worry. You can build it back up over time.Bankruptcy is Public – The papers you file in court can be seen by anyone. This means friends, bosses & landlords can find out how much money you owed and who you owed it to.By staying organized and honest, you can make the process easier and avoid bigger problems later.		
					Do I Need an Ohio Bankruptcy Lawyer for Bankruptcy?				
		Deciding if bankruptcy is the right choice depends on your situation, the kind of debt you have, and what you want to keep. If you are thinking about filing for bankruptcy, it is a good idea to talk to a lawyer who knows about bankruptcy laws.You can file for bankruptcy by yourself, but most people in Ohio use a bankruptcy attorney. There are different types of bankruptcy, and each one has its own rules.Since bankruptcy is a complicated legal process, having the right lawyer makes a big difference.A bankruptcy lawyer will:Help you decide if you should file for bankruptcy.Tell you which type of bankruptcy is best for you.Make sure you do not lose things you want to keep.Help you get rid of debts that can be cleared.Make sure creditors follow the rules and do not treat you unfairly.		
																														
		If you are in Ohio and are thinking of filing for bankruptcy, contact Richard West today.		
					FAQs				
												What documents do I need to bring when meeting an Ohio bankruptcy lawyer?
					You should bring financial documents like bank statements, pay stubs, tax returns, a list of debts, loan documents, and any other paperwork that shows your money situation.
												Can I pay off debts to friends or family before filing for bankruptcy in Ohio?
					No, you should not pay back family or friends before filing for bankruptcy in Ohio because it could cause problems with your case.
												How long does bankruptcy take to complete in Ohio?
					Most Ohio bankruptcy cases take about 4 to 6 months, but the exact time depends on the type of bankruptcy you file.
					Source:				
		[1] Court statistics | Northern District of Ohio | United States Bankruptcy Court. (n.d.). https://www.ohnb.uscourts.gov/court-info/court-stats

### Top 5 Tips For a Successful Ohio Bankruptcy Filing

Filing Bankruptcy in Ohio				
		Bankruptcy can be a lifeline for those overwhelmed by financial difficulties, offering a chance to clean the slate and rebuild from the ground up.Whether it’s mounting medical bills, job loss, or an unexpected economic setback, bankruptcy provides legal protection and a structured path to address your debts. Far from being a mark of failure, it’s a financial tool designed to help you regain control and confidently move forward.However, the success of a bankruptcy filing hinges on proper preparation and a clear understanding of the process. Here are five tips that can help you file bankruptcy successfully in Ohio:		
					1. Choose What Kind of Bankruptcy: Chapter 7 vs. Chapter 13				
		Choosing between Chapter 7 and Chapter 13 bankruptcy is key to addressing your financial challenges effectively.		
					Chapter 7 (Liquidation Bankruptcy)				
		Ideal for those with limited income and few assets. It discharges most unsecured debts, like credit cards and medical bills, within a few months. However, non-exempt assets may be sold to repay creditors.There were 7,647 Chapter 7 bankruptcies filed in the Southern District Courts of Ohio in 2024, while the Northern District Courts of Ohio had 10,727 Chapter 7 filings during the same year. [1] [2]		
					Chapter 13 (Reorganization Bankruptcy)				
		It is suited for individuals with a steady income who want to retain their property. It involves a 3-5 year repayment plan to catch up on debts like missed mortgage or car payments.In 2024, the Southern District Courts of Ohio recorded 3,371 Chapter 13 bankruptcy filings, while the Northern District Courts of Ohio reported 2,962 filings. [1] [2]		
																														
					Ohio-Specific Considerations				
							
							
										Means Test: To qualify for Chapter 7, your income must be below Ohio’s median salary. If your income is above the median salary is Ohio, you may still qualify based on expenses.
									
						
					2. Gather and Organize All Financial Documentation				
		Proper documentation is critical for a smooth bankruptcy filing. Missing or incomplete paperwork can delay the process or even result in your case being dismissed.		
					Key Documents You’ll Need				
		Recent tax returns (usually the past two years).Pay stubs or proof of income for the last six months.Bank statements for all accounts.Credit card statements and a list of debts.Property deeds or vehicle titles for assets you own.A detailed list of monthly expenses and living costs.		
					Ohio-Specific Considerations				
							
							
										Ensure your documents include accurate valuations of your property, as Ohio’s exemption laws will determine what assets you can keep.
									
								
										You will need to prove your income eligibility for Chapter 7 through the means test, so provide detailed records of all sources of income.
									
						
					Tips for Success				
							
							
										Double-check for accuracy: Mistakes in your paperwork can result in legal complications.
									
								
										Stay organized: Use folders or digital tools to keep documents in order.
									
								
										Work with your attorney: They can guide you on exactly what’s required and ensure nothing is missed.
									
						
		Taking the time to organize your documentation ensures a more efficient filing process and helps avoid delays or errors.		
					3. Know Ohio's Exemption Laws				
		Ohio’s bankruptcy exemption laws play a necessary role in determining what assets you can keep during the bankruptcy process. Understanding these exemptions helps you protect your property while ensuring compliance with the law.		
					Key Ohio Exemptions				
							
							
										Homestead Exemption: Protects up to $ 161,375 for individual filers ($322,750 for married couples) in equity in your primary residence. [3]
									
								
										Vehicle Exemption: Covers up to $4,450 in equity for a motor vehicle. [3]
									
								
										Personal Property: Includes household goods, furniture, and clothing, up to a certain limit.
									
						
																														
					Why Exemptions Matter				
							
							
										Chapter 7: Exemptions help determine which assets are protected from liquidation. For example, your home and car may be safe if their values fall within the exemption limits.
									
								
										Chapter 13: Exemptions impact the repayment plan, as non-exempt assets may require you to pay more to creditors.
									
						
					Tips for Maximizing Exemptions				
							
							
										Accurate Valuation: Provide realistic market values for your assets to avoid overestimating and losing protection.
									
								
										Plan Ahead: Work with your attorney to structure your case to maximize exemptions.
									
								
										Stay Current on Updates: Ohio’s exemption limits can change, so ensure you are using the most up-to-date figures.
									
						
					4. Work With an Experienced Ohio Bankruptcy Attorney				
		Filing for bankruptcy is a complex legal process, and having an experienced attorney by your side can make all the difference. A bankruptcy attorney ensures your case is handled correctly and helps you avoid costly mistakes.		
					Why You Need an Ohio Bankruptcy Lawyer				
							
							
										Knowledge of Ohio Laws: Ohio’s unique bankruptcy regulations, including exemption laws and court procedures, require local expertise.
									
								
										Customized Guidance: Bankruptcy attorneys can assess your financial situation and recommend the best bankruptcy option (Chapter 7 or Chapter 13).
									
								
										Error Prevention: Mistakes in filing can lead to delays or case dismissal, which an attorney helps avoid.
									
						
					Tips for Choosing the Right Attorney				
							
							
										Check Credentials: Ensure the bankruptcy lawyer specializes in bankruptcy and is familiar with Ohio laws. 
									
								
										Read Reviews: Look for client testimonials or ask for referrals. 
									
								
										Schedule a Consultation: Many bankruptcy lawyers offer free initial consultations to discuss your case and explain their approach.
									
						
					How an Ohio Bankruptcy Attorney Can Help				
							
							
										Guide you in preparing and organizing documentation.
									
								
										Represent you in court and communicate with creditors.
									
								
										Ensure you maximize exemptions and avoid legal pitfalls.
									
						
		Bankruptcy is a serious legal matter, and having an experienced attorney can streamline the process and give you peace of mind.		
					5. Be Honest and Proactive Throughout The Bankruptcy Process				
		Honesty and proactive communication are necessary for a successful bankruptcy filing. Failing to disclose information or respond promptly can lead to delays, complications, or even dismissal of your case.		
					Why Honesty Matters				
							
							
										Full Disclosure: Bankruptcy requires you to provide a complete account of your assets, income, debts, and financial history. Omissions, intentional or not, can result in legal consequences.
									
								
										Trust with the Trustee: The court-appointed trustee will review your case in detail. Being transparent builds trust and ensures a smoother process.
									
						
																														
					Tips for Staying Proactive				
							
							
										Respond Quickly: Address any requests from your attorney, trustee, or the court promptly. 
									
								
										Stay Organized: Keep all related documents and correspondence in one place to avoid missing deadlines. 
									
								
										Update Information: Inform your attorney of any changes to your financial situation, such as new debts or income.
									
						
					Common Pitfalls to Avoid				
							
							
										Hiding assets or transferring property before filing.
									
								
										Providing incomplete or inaccurate financial information.
									
								
										Missing meetings with creditors or court hearings.
									
						
		By maintaining transparency and staying engaged, you can help ensure a successful bankruptcy filing and begin your path to financial recovery with confidence.Filing for bankruptcy can be a challenging process, but with the right preparation, understanding of Ohio laws, and professional guidance, it can provide the fresh financial start you need.Contact Ohio bankruptcy attorney Richard West today to take the first step toward reclaiming your financial future!		
					Sources:				
		[1] Court Statistics | Northern District of Ohio | United States Bankruptcy Court. (n.d.). https://www.ohnb.uscourts.gov/court-info/court-stats[2] UNITED STATES BANKRUPTCY COURT & Southern District of Ohio. (n.d.-b). 2024DistrictCaseFilings. In Case filing data collected through the Court’s CM/ECF system is published each month. https://www.ohsb.uscourts.gov/sites/ohsb/files/case-filing-stats/2024%20Filings%20%28December%29.pdf[3] Team, T. U., & Wimmer, A. A. (2024, August 7). What Are the Ohio Bankruptcy Exemptions? Upsolve. https://upsolve.org/learn/oh-exemptions/

### What Went Wrong with 23andMe?

What is 23andMe Known For?				
		Founded in 2006, 23andMe emerged as a trailblazer in consumer genomics, allowing everyday people to access insights about their ancestry and potential health risks through simple at-home DNA tests.The company's breakthrough came with its direct-to-consumer model, which made genetic testing more accessible and affordable compared to traditional methods. By offering a comprehensive analysis of one's genetic profile, 23andMe attracted a diverse customer base eager to learn more about their origins and genetic predispositions.		
					The Evolution of 23andMe Since Its Inception				
		23andMe was founded in 2006 in Silicon Valley, San Francisco, by Anne Wojcicki, Linda Avey, and Paul Cusenza as a pioneer in consumer genetic testing. The company aimed to provide individuals with insights into their ancestry and genetic health risks through a simple at-home testing kit. This innovative approach quickly captured the public’s imagination, leveraging personal interest in genetics and health.By 2007, the company had launched its first direct-to-consumer DNA test, earning a spot on Time magazine's list of the “Invention of the Year.” [1] This momentum was bolstered by strategic partnerships and significant funding, positioning 23andMe as a leader in the genetic testing market.However, by 2013, the FDA ordered 23andMe to cease marketing its health-related genetic tests, citing concerns over accuracy and potential misinterpretation by consumers. After complying with the FDA by focusing exclusively on ancestry insights, the company worked diligently to meet regulatory standards, gradually reintroducing health reports by 2015.23andMe reached another milestone by expanding its database, facilitating groundbreaking research collaborations and drug discovery programs. Nonetheless, concerns persisted over data privacy, customer consent, and transparency, culminating in increased scrutiny by regulators.In 2023, allegations surrounding data handling practices ignited further controversies, emphasizing privacy breaches and unauthorized data sharing with third parties. Consequently, the erosion of public trust impacted subscriber growth and investor confidence. As of late 2023, these issues remain pivotal in shaping the company’s trajectory and reputation in the genetic testing industry, casting doubt on its ability to regain its former stature.		
												
																					nevodka.com - stock.adobe.com
										
					What Factors Contributed to 23andMe's Potential Downfall?				
		23andMe, a pioneer in consumer genetic testing, has filed for Chapter 11 bankruptcy and is currently on the hunt for a potential buyer. The company, which was previously valued at more than $3 billion, has seen its stock nosedive to $1.79 per share, a dramatic fall from its high of over $300 per share. [2]Outlined below are some contributing factors:		
					Financial Challenges				
		Despite the initial success of 23andMe in making genetic testing accessible to millions of people, it faced growing financial difficulties. The company grappled with legal and regulatory issues surrounding its management of sensitive genetic information. Heightened scrutiny from both regulators and customers resulted in expensive settlements and persistent privacy concerns, increasing its financial instability.The bankruptcy filing by 23andMe marks a significant turning point in the company's history, signaling its struggles within the competitive and highly scrutinized realm of consumer genetic testing. Chapter 11 bankruptcy provides the company with an opportunity to reorganize its operations and finances while seeking ways to address its mounting debts.For 23andMe, the bankruptcy filing highlighted its need to reassess business strategies, restructure its financial obligations, and potentially streamline its offerings to stay afloat in a challenging market landscape. This step would be aimed at restructuring its financial obligations and allowing the company to regain its footing in the competitive biotech industry.		
					Regulatory Scrutiny Over Data Practices				
		The regulatory authorities have closely monitored 23andMe’s data practices due to the sensitive nature of genetic information. This scrutiny stems from the increasing global concerns surrounding genetic privacy and how such data is handled.The company’s collaboration with pharmaceutical companies for drug discovery has raised questions about the consent process and the protection of consumer data. These concerns have necessitated stringent regulations to ensure that data handling practices comply with established privacy standards, demanding significant adjustments to 23andMe's operational methodologies.		
					Loss of Trust and Credibility				
		The trust in and credibility of 23andMe have been significantly eroded due to their handling of consumer data and privacy. Initially praised for its promise to increase understanding of genetic heritage, 23andMe now faces criticism over how it manages sensitive information.A major data breach exposed the DNA information of millions, resulting in a decline in consumer confidence, with many questioning the effectiveness of 23andMe's privacy policies and wondering if the company's terms of service sufficiently protect users. About 7 millions users' sensitive genetic and personal data were allegedly leaked, leading to heightened scrutiny over the company's data protection measures. [3]		
					Operational Crises				
		In the wake of growing operational challenges, 23andMe made the difficult decision to lay off 40% of its workforce. [2] This significant reduction in staff was primarily aimed at streamlining operations and cutting costs amid declining share prices and mounting financial pressures.The layoff affected various departments within the company, reflecting a broad restructuring effort to ensure long-term viability and profitability. The company, previously known for its innovative approach in the genetic testing domain, found itself grappling with ensuring a sustainable business model while navigating industry pressures.		
					Resignation of Independent Directors				
		The operational changes at 23andMe were further intensified by the departure of key independent directors. Additionally, CEO Anne Wojcicki stepped down, with Joe Selsavage taking over as interim CEO. [2] These leadership transitions highlighted potential governance and strategic challenges within the company's management.		
					What Happens to 23andMe's Genetic Data If It Goes Bankrupt?				
		In the context of 23andMe filing for bankruptcy on 23rd March, 2025, there are questions arising about the privacy of 14 million genetic data. Typically, in bankruptcy proceedings, a company's assets can be considered for sale or transfer to satisfy creditors.However, genetic information is subject to strict regulations and privacy laws, which could impact how it is managed during a bankruptcy. The company would likely be obligated to adhere to its existing privacy policy, which might include clauses preventing the unauthorized sale or distribution of genetic data without the explicit consent of consumers.In some scenarios, the data might be retained in secure databases until a suitable buyer with appropriate protections in place is found, or it might be destroyed, depending on legal requirements and consumer agreements. Ultimately, the process would involve balancing legal obligations with ethical considerations to safeguard individuals' privacy and maintain public trust.		
																														
		Contact Richard West Law Office for legal assistance with your bankruptcy filing to safeguard your business from potential risks.		
					FAQs				
												How does 23andMe's bankruptcy affect my existing genetic test results?
					23andMe may seek to preserve customer databases and services during proceedings, but users should keep a backup of their reports and regularly check for updates from the company regarding any changes to service availability or access to existing results.
												Will 23andMe continue to offer genetic testing services during the bankruptcy process?
					Yes, 23andMe will offer genetic testing and related services during the bankruptcy process. However, check for official announcements from the company regarding operational changes or potential service disruptions.
					Sources:				
		[1] Wikipedia contributors. (2025, March 26). 23andMe. Wikipedia. https://en.wikipedia.org/wiki/23andMe		
		[2] Feed. (2025, March 24). 23andMe files for bankruptcy—What went wrong? Once a genetic testing leader, now seeking a buyer amid stoc. The Economic Times. https://economictimes.indiatimes.com/news/international/us/23andme-files-for-bankruptcywhat-went-wrong-once-a-genetic-testing-leader-now-seeking-a-buyer-amid-stock-collapse-and-privacy-concerns/articleshow/		
		[3] Reporter, G. S. (2024, February 26). Hackers got nearly 7 million people’s data from 23andMe. The firm blamed users in ‘very dumb’ move. The Guardian. https://www.theguardian.com/technology/2024/feb/15/23andme-hack-data-genetic-data-selling-response

### The Ohio Exemption Increases

Ohio Exemption Increases in April 2025
In Ohio, legal exemptions are provisions that allow individuals to protect certain assets from being seized by creditors during legal proceedings such as bankruptcy, garnishment, or attachment.

These exemptions are designed to ensure that debtors can retain essential property necessary for their well-being and livelihood, even in the face of financial distress.​

The legal foundation for these protections is established in the Ohio Revised Code § 2329.66, which outlines specific categories of property that are exempt from execution, garnishment, attachment, or sale to satisfy a judgment or order.

This statute specifies the types and values of assets that individuals can shield from creditors, thereby providing a legal framework for asset protection in Ohio. ​

Beneficiaries of these exemptions primarily include Ohio residents who are:​

 	Filing for Bankruptcy: Individuals seeking relief under bankruptcy laws can utilize exemptions to protect certain assets from being liquidated to pay off creditors.​
 	Facing Debt Collection: Those subject to debt collection efforts can invoke exemptions to safeguard essential property from being seized.​
 	Subject to Legal Judgments: Individuals against whom legal judgments have been rendered can use exemptions to protect specific assets from being used to satisfy these judgments.


The Key 2025 Exemption Changes
​Ohio's exemption laws are designed to protect certain assets from creditors during legal proceedings, such as bankruptcy or debt collection. These exemptions are periodically adjusted to reflect changes in the cost of living.
Triennial Adjustments
Ohio law mandates that certain exemption amounts be adjusted every three years to reflect changes in the cost of living and inflation. This systematic adjustment ensures that residents maintain equitable protection of their assets over time.
Effective Date
The updated exemption amounts apply to judgments or orders from April 1, 2025, through March 31, 2028. It's necessary for Ohio residents to be aware of these changes, as they directly impact the extent to which personal assets are protected from creditors during this period. ​
Key Exemption Changes Table
The following table provides a detailed breakdown of the key exemption categories, including their legal references, previous amounts, and the new amounts effective April 1, 2025: [1]



ORC §2329.66 Subsection
April 1, 2010 through March 31, 2013
April 1, 2013 through March 31, 2016
April 1, 2016 through March 31, 2019
April 1, 2019 through March 31, 2022
April 1, 2022 through March 31, 2025
April 1, 2025 through March 31, 2028


(A)(1)(a) exempted property
$21,625

$125,000 (3/27/13)
$132,900
$136,925
$145,425
$161,375
$182,625


(A)(1)(b) personal residence
$21,625

$125,000 (3/27/13), per 129 HB 479
$132,900
$136,925
$145,425
$161,375
$182,625


(A)(2) one motor vehicle
$3,450
$3,675
$3,775
$4,000
$4,450
$5,025


(A)(3) cash
$425
$450
$475
$500
$550
$625


(A)(4)(a) Household items – individual item
$550
$575
$600
$625
$700
$800


(A)(4)(a) Household items – aggregate value
$11,525
$12,250
$12,625
$13,400
$14,875
$16,850


(A)(4)(b) Jewelry
$1,450
$1550
$1,600
$1,700
$1,875
$2,125


(A)(5) Professional books or trade tools
$2,175
$2325
$2,400
$2,550
$2,825
$3,200


(A)(12)(c) Award for bodily injury
$21,625
$23,000
$23,700
$25,175
$27,950
$31,650


(A)(18) Aggregate property
$1,150
$1225
$1,250
$1,325
$1,475
$1,675



Beneficiaries of the Exemption Increases
The recent adjustments to Ohio's exemption amounts, effective from April 1, 2025, provide enhanced protection for various groups facing financial challenges:​
Bankruptcy Filers
Individuals undergoing bankruptcy proceedings, particularly under Chapter 7 or Chapter 13, can now safeguard a greater portion of their assets due to increased exemption limits. For example, the homestead exemption has risen, allowing filers to protect more equity in their primary residence. Similarly, the exemption for one motor vehicle has been adjusted upward, offering greater protection for vehicle ownership. ​
Debtors Facing Collection
Those subjected to wage garnishment or asset seizure can benefit from these increased exemptions. Ohio law limits wage garnishment to a maximum percentage of disposable earnings. With higher exemption amounts, individuals may be able to protect a larger portion of their income and assets from creditors.
Low to Moderate-Income Individuals
Individuals with limited assets now have increased protection. The cash exemption has been adjusted, and the aggregate value for household items has risen, ensuring that essential personal property and funds are better shielded from creditors, providing a more substantial safety net for those with modest means.


How to Claim Your Ohio Bankruptcy Exemptions?
To protect your assets during bankruptcy in Ohio, understand and properly claim your exemptions. Here's how you can navigate the process:​
1. File Schedule C

 	What You Need to Do: Include Schedule C, which references the property you can claim as exempt with your bankruptcy petition.
 	Why It Matters: This form allows you to specify which assets you're exempting, such as your home or vehicle.​

2. Provide Accurate Information

 	What You Need to Do: Clearly describe each asset and its current market value.​
 	Why It Matters: Detailed and accurate information helps ensure your exemptions are accepted without delay.​

3. Stay Updated on Exemption Amounts

 	What You Need to Do: Use the most recent exemption limits, which are adjusted every three years for inflation.​
 	Why It Matters: As of April 1, 2025, Ohio's exemptions increased significantly, with some amounts rising by approximately 10%. ​

4. Seek Professional Guidance

 	What You Need to Do: Consult with a bankruptcy attorney.​
 	Why It Matters: An experienced bankruptcy attorney can help you navigate the process, ensure compliance with legal requirements, and maximize your asset protection.


Why Ohio Exemption Changes Should Matter to You
Understanding the recent increases in exemption amounts can have the following effect:
Reflecting Economic Changes

 	What You Need to Know: The adjustments account for inflation and rising living costs, ensuring your exemptions maintain their protective value.​
 	Why It Matters: Without these updates, your exemptions might not cover the full value of your assets, leaving you vulnerable.

Providing Financial Relief

 	What You Need to Know: Higher exemption limits allow you to keep more of your property during bankruptcy.​
 	Why It Matters: This means you can retain essential assets, like your home and vehicle, facilitating a smoother financial recovery.​

Ensuring Legal Preparedness

 	What You Need to Know: Staying informed about exemption changes helps you make strategic decisions in your bankruptcy filing.​
 	Why It Matters: Understanding these changes ensures your planning aligns with current laws, optimizing your asset protection.​

Struggling with debt? Contact the Richard West law office for a free consultation to explore your bankruptcy options and start your path to financial recovery today.

Source:

[1] April 1, 2025, Ohio Exemption Increases | Southern District of Ohio | United States Bankruptcy Court. (n.d.). https://www.ohsb.uscourts.gov/news/april-1-2025-ohio-exemption-increases

### How Different Cultures View Bankruptcy

Exploring Bankruptcy Through the Lens of Different Cultures
Bankruptcy is often seen as a financial lifeline, a legal process that offers individuals and businesses a chance to reset and rebuild. However, beyond its legal and financial aspects, bankruptcy carries different meanings depending on cultural context.

In some countries, it is viewed as a necessary step toward recovery; in others, it is seen as a deep personal failure. The way bankruptcy is perceived can shape how people approach their finances, how businesses navigate tough times, and how individuals rebuild their lives after financial setbacks.
Bankruptcy in Western Europe
In Western Europe, bankruptcy is a legal option, but cultural attitudes tend to emphasize personal responsibility and financial discipline, making bankruptcy a last resort.
United Kingdom
Bankruptcy is available but viewed as a last option. Alternatives like Individual Voluntary Arrangements (IVAs) are often preferred.

 	Cultural View:  Personal responsibility is highly valued, and bankruptcy carries some shame, particularly if seen as the result of poor financial management.
 	Legal Framework: Bankruptcy proceedings last about a year, and debt may be discharged after that period.
 	Stigma Level: Moderate. Though legal, bankruptcy is still seen as a moral failing, especially when it is avoidable.

Germany
Bankruptcy is available but is generally viewed as a serious financial misstep.

 	Cultural View:  Financial discipline is prioritized, and failure to manage money well is seen as a moral failure.
 	Legal Framework: Insolvency proceedings for individuals can take 3 to 6 years before debts are discharged.
 	Stigma Level: Moderate. High. Bankruptcy is considered a significant failure, though it is becoming more accepted for those who truly cannot repay debts.

In both the UK and Germany, while legal options exist, bankruptcy is typically avoided due to cultural emphasis on personal financial responsibility.


Bankruptcy in East Asia
In East Asia, bankruptcy is generally viewed with greater stigma, with cultural values of honor, family reputation, and personal responsibility often influencing attitudes toward financial failure.
Japan
Bankruptcy in Japan is highly stigmatized due to cultural values around honor and the responsibility to avoid bringing shame upon oneself or one's family.

 	Cultural View:  Declaring bankruptcy is often seen as a moral failure, and individuals who file for bankruptcy may experience significant social repercussions.
 	Legal Framework: While bankruptcy laws exist, the process is complex, and many individuals try to avoid it at all costs, sometimes opting for debt consolidation or informal solutions.
 	Stigma Level: Very high. Bankruptcy is seen as a personal and family disgrace, leading many to avoid it even when it is a necessary option.

China
In China, bankruptcy is less common and culturally tied to a strong emphasis on family reputation and social harmony.

 	Cultural View:  Personal bankruptcy carries a significant stigma, and failure is often viewed as a reflection of personal or familial shortcomings. [1]
 	Legal Framework: China has introduced more formal bankruptcy laws, but personal bankruptcies are still rare. Business bankruptcies are more accepted, particularly as the economy evolves.
 	Stigma Level: High. There is still reluctance toward using bankruptcy as a financial tool due to its potential impact on personal and family honor.

In East Asia, bankruptcy is often associated with dishonor, leading to significant social and familial consequences. Legal frameworks exist, but cultural resistance to bankruptcy remains strong, especially on a personal level.


Bankruptcy in the Middle East
In the Middle East, bankruptcy is a sensitive subject, often shaped by cultural values around honor, family reputation, and social status. While legal systems in some countries have adapted to allow for bankruptcy, the cultural stigma remains strong.
Gulf States (UAE, Saudi Arabia)
Bankruptcy laws have been recently updated in the Gulf, offering individuals and businesses legal pathways to financial recovery.

 	Cultural View:  While entrepreneurship is highly valued, financial failure is often viewed negatively, particularly when it affects personal or family reputation. However, the region’s recent development of bankruptcy laws has started to reduce stigma, especially for businesses.
 	Legal Framework: The UAE, for example, has implemented a new bankruptcy law that allows individuals to declare bankruptcy, a significant shift from previous policies that criminalized debt defaults. [2]
 	Stigma Level: Moderate. Bankruptcy is increasingly accepted for businesses, but personal bankruptcy still carries a degree of shame and can lead to social consequences.

Bankruptcy in Latin America
In Latin America, bankruptcy is often viewed as a last resort, with significant cultural and social implications. The concept of "saving face" and maintaining family honor plays a key role in how bankruptcy is perceived.
Mexico and Brazil
In these countries, bankruptcy laws are in place, but bankruptcy is generally seen as a financial and personal failure, especially in the case of individuals.

 	Cultural View:  Failure to pay debts is often linked to a lack of discipline or responsibility, and bankruptcy may carry a significant social stigma. Family reputation is important, and a bankruptcy filing can be seen as a loss of face.
 	Legal Framework: Bankruptcy laws are available for both businesses and individuals, but these processes can be lengthy and complex. In Brazil, for example, the judicial system has been modernizing to allow for more efficient bankruptcy proceedings.
 	Stigma Level: High. Social repercussions of bankruptcy can include judgment from family and community, making it a challenging decision for individuals to make.

In Latin America, while legal mechanisms for bankruptcy exist, the social and cultural stigma surrounding financial failure remains strong. This often leads people to avoid declaring bankruptcy, even when it may be the most viable option.
Bankruptcy in India and Southeast Asia
In India and Southeast Asia, bankruptcy is often viewed with a mix of legal pragmatism and strong cultural influences that emphasize family reputation, personal responsibility, and financial discipline.
India
Bankruptcy is seen as a serious issue due to cultural values around financial responsibility and family honor. [3]

 	Cultural View:  Personal bankruptcy carries a significant stigma, as financial failure is often seen as a reflection of poor character or lack of discipline. However, for businesses, bankruptcy may be more acceptable, especially in the context of financial crises.
 	Legal Framework: India introduced the Insolvency and Bankruptcy Code (IBC) in 2016, which streamlined the bankruptcy process, but cultural resistance to bankruptcy still exists, particularly for individuals.
 	Stigma Level: High. Bankruptcy is still viewed negatively, and individuals often avoid declaring bankruptcy due to fear of social judgment and family repercussions.


Southeast Asia (Indonesia, Malaysia, Singapore)
In countries like Singapore, bankruptcy laws are modern and relatively well-accepted, while in Malaysia and Indonesia, bankruptcy still carries a more significant stigma.

 	Cultural View:  In Singapore, bankruptcy is viewed more pragmatically as a tool for financial recovery. However, in Malaysia and Indonesia, personal bankruptcy can damage an individual’s reputation and lead to social and financial challenges.
 	Legal Framework: Singapore has a well-established legal framework for bankruptcy, offering a fresh start for individuals and businesses. Malaysia and Indonesia also have bankruptcy laws, but the process is more complex and culturally sensitive.
 	Stigma Level: Moderate to High. In Singapore, bankruptcy is seen as a potential opportunity to reorganize finances, but in other Southeast Asian countries, the social and familial consequences of bankruptcy are more pronounced.

Bankruptcy is a complex and culturally sensitive topic that varies greatly across the globe. While some countries, like the U.S., view bankruptcy as a legal tool for financial recovery with a relatively low stigma, others, such as Japan and India, carry a strong social stigma, often associating financial failure with personal disgrace.
Bankruptcy in the United States
In the U.S., bankruptcy is largely seen as a tool for financial recovery, offering individuals and businesses a chance to start fresh. Unlike in many other parts of the world, bankruptcy here isn’t viewed as a permanent mark of failure.

Bankruptcy filings totaled 40,271 in November 2024, a 6% increase from the November 2023 total of 37,907 in the US. [4]


Cultural View of Bankruptcy

 	In the U.S., bankruptcy is part of the legal and financial framework that enables people to regain control of their finances. This is particularly true in the case of Chapter 7 (liquidation) and Chapter 11 (business reorganization) bankruptcy, where individuals and companies can find relief from overwhelming debts.
 	There's a relatively low stigma attached to bankruptcy in comparison to many other countries. Many people view it as a strategic decision rather than a moral failure, and it is often portrayed in the media as a way to "rebuild."
 	The idea of a "second chance" resonates strongly in American culture. It aligns with the broader narrative of perseverance and recovery, often seen in the stories of successful entrepreneurs who have bounced back after bankruptcy.

Legal Framework

 	The U.S. legal system provides specific processes for both individuals and businesses to discharge or restructure their debts. Chapter 7 bankruptcy allows for the liquidation of assets, while Chapter 11 is used by businesses to reorganize and continue operations.
 	There are clear protections for debtors, including the automatic stay that halts creditor actions and provides temporary relief.

Stigma Level

 	While the stigma surrounding personal bankruptcy has decreased in recent years, it still exists, particularly in cases of excessive consumer debt or financial mismanagement.
 	Business bankruptcies are less stigmatized. Many successful companies have gone through Chapter 11 proceedings and come out stronger on the other side. High-profile examples like General Motors, Delta Airlines, and even tech startups show that bankruptcy doesn’t always equate to failure; it can be part of the path to financial recovery.

Whether bankruptcy is viewed as a fresh start or with a high level of stigma, sometimes it is the only way forward. Contact Richard West today to explore your debt management options in a free consultation with a bankruptcy attorney.

Sources:

[1] Ilj, F. (2025, February 28). Why bankruptcy fails as a disciplinary tool in China — Fordham International Law Journal. Fordham International Law Journal. https://www.fordhamilj.org/iljonline/

[2] New UAE Bankruptcy Law: What you need to know. (n.d.). Addleshaw Goddard. https://www.addleshawgoddard.com/en/insights/insights-briefings/2024/restructuring/new-uae-bankruptcy-law-what-you-need-to-know/

[3] Sa, N. K. (2024). Unveiling stigma in Corporate Insolvency: Analyzing Legal lessons for India’s Insolvency Framework - A comprehensive examination. Journal of Law and Legal Research Development. https://doi.org/10.69662/jllrd.v1i1.2

[4] Epiq. (2024, December 4). November Individual Chapter 7 filings increase 14 percent over 2023. Epiq Gobal. https://www.epiqglobal.com/en-us/resource-center/news/november-individual-chapter-7-filings-increase-14-percent-over-2023

### Understanding Ohio Bankruptcy Exemptions

Bankruptcy Exemptions in Ohio
Facing financial hardship can be overwhelming, especially when the fear of losing your home, car, or cherished possessions adds to the stress.

Bankruptcy exemptions are designed to protect key assets, offering a safety net during these challenging times.

These exemptions ensure that, even amidst financial turmoil, you can retain the fundamental elements of your life, residence, vehicle, and personal belongings, allowing you to focus on rebuilding and moving forward.

In 2024, there were 13,739 bankruptcies filed at the Northern District Courts of Ohio. [1] In Southern Ohio, there were 11,043 bankruptcies filed. [2]
What Are Bankruptcy Exemptions?
Bankruptcy exemptions are legal provisions that allow individuals filing for bankruptcy to retain certain essential assets, such as a primary residence, vehicle, personal belongings, and tools necessary for employment. These exemptions ensure that debtors can maintain a basic standard of living and have the means to rebuild financially after bankruptcy.
Difference Between Federal and State Exemptions
In the United States, both federal and state laws provide bankruptcy exemptions. Federal exemptions are standardized across the country, while state exemptions vary by state. Some states allow debtors to choose between federal and state exemptions, selecting the set that better protects their assets. However, other states require the use of state-specific exemptions and do not permit the use of federal exemptions.

Ohio is among the states that have "opted out" of the federal exemption system. This means that individuals filing for bankruptcy in Ohio are required to use the state's specific exemptions and cannot choose the federal exemptions.

These state-specific exemptions are designed to reflect the cost of living and economic conditions particular to Ohio.


Ohio Bankruptcy Exemptions
When facing financial challenges, bankruptcy offers a lifeline by allowing individuals to discharge debts and start fresh. However, it's necessary to understand that not all assets are at risk of being liquidated.
1. Homestead Exemption
The homestead exemption in Ohio allows individuals filing for bankruptcy to protect their primary residence from being sold to pay off creditors, as per Ohio Rev. Code Ann. § 2329.66(A)(1)(b).

This exemption helps ensure that you can retain a place to live after bankruptcy, offering a fresh financial start.

Protection Limits

Under Ohio law, the homestead exemption currently protects up to $161,375 of equity in your primary residence. This means that if the value of your home exceeds this amount, the portion that surpasses this limit may be subject to liquidation to pay creditors.

Eligibility and Tenancy by the Entirety for Married Couples

Ohio's homestead exemption rules also have specific provisions for married couples. If a property is owned by both spouses as tenants in the entirety (a form of joint ownership), it may be fully protected in the case of bankruptcy, even if only one spouse files. However, this protection is subject to various conditions, and it’s important to consult with a local bankruptcy attorney to confirm eligibility.
2. Motor Vehicle Exemption
Ohio law allows individuals filing for bankruptcy to exempt up to $4,450 in equity in a motor vehicle, as per Ohio Rev. Code Ann. § 2329.66(A)(2). This means that if the value of your car is less than or equal to this amount, it will be fully protected from creditors during the bankruptcy process.

Special Considerations for Leased vs. Owned Vehicles

 	Owned Vehicles: The motor vehicle exemption applies to the equity you hold in a vehicle you own outright. If the car is worth less than $4,450, you can retain it during bankruptcy.
 	Leased Vehicles: For leased cars, the situation is different. The exemption doesn't protect the car itself but only covers the remaining lease obligations. If you’re behind on lease payments or looking to terminate the lease, the vehicle may be returned to the lessor, and you may still need to resolve any outstanding lease balances.


3. Ohio Wildcard Exemption
The wildcard exemption in Ohio offers a versatile way for individuals filing for bankruptcy to protect personal property that may not fall under other specific exemptions, as per Ohio Rev. Code Ann. § 2329.66(A)(18).

With a limit of $1,475, this exemption allows you to safeguard a wide range of personal belongings, giving you flexibility to choose what assets to protect.

Since it doesn't apply to real estate, it can be particularly valuable for protecting items like electronics, furniture, or other valuables that may exceed other exemption limits.
4. Personal Property Exemptions
Ohio law also provides protection for various personal belongings, ensuring that you can retain the essentials needed for daily living, as per Ohio Rev. Code Ann.2329. Some of the key personal property exemptions include:

 	Household Goods, Clothing, and Furnishings: Up to $700 per item, protecting items like furniture, appliances, and clothing.
 	Jewelry: You can exempt up to $1,875 in jewelry, allowing you to retain personal or sentimental valuables.
 	Burial Plots and Health Aids: These exemptions ensure that you can maintain your health and plan for end-of-life needs without losing key assets.
 	Disability Benefits and Personal Injury Awards: Disability benefits, future earnings compensation, and personal injury awards are protected, ensuring that your financial support remains intact during bankruptcy.

These exemptions are designed to help you preserve your basic needs, health, and personal well-being, allowing for a more manageable recovery post-bankruptcy.
5. Retirement Accounts Protection
Under federal non-bankruptcy exemptions, you can safeguard tax-exempt retirement accounts, including 401(k)s, 403(b)s, profit-sharing and money purchase plans, SIMPLE IRAs, SEP plans, and defined benefit plans.

Pensions and annuities for public employees, police officers, and firefighters are entirely protected under federal law, as are benefits for dependents of volunteer firefighters.

Death benefits for public safety officers, along with ERISA-qualified plans, Roth IRAs, traditional IRAs, and Keoghs essential for support, are also fully protected.

For Ohio residents, the Ohio Revised Code § 2329.66(A)(10)(a) provides specific exemptions for pensions and retirement plans, ensuring certain retirement benefits remain protected from creditors in bankruptcy cases within the state.


Other Ohio Exemptions
Ohio provides various exemptions to safeguard personal property, retirement benefits, and other assets in bankruptcy:

Personal Property Exemptions:

 	Jewelry: Up to $1,875 in value (§ 2329.66(A)(4)(b)).
 	Household goods: $14,875 total, with a maximum of $700 per item (§ 2329.66(A)(4)(a)).
 	Cash on hand or deposit: Up to $550 (§ 2329.66(A)(3)).
 	Tools of the trade: $2,825 in books, tools, and equipment used in business or occupation.
 	Burial lot: Interest in one burial lot (§ 2329.66(A)(8)).
 	Personal injury award: $27,950 received within 12 months before filing (§ 2329.66(A)(12)(c)).
 	Wages: 75% of earned but unpaid wages (§ 2329.66(A)(13)(b)).
 	Support payments: Spousal or child support, as necessary for support (§ 2329.66(A)(10)(b)).

Retirement and Pension Benefits:

 	State teacher retirement system pensions (§ 3307.41).
 	Private pensions (§ 2329.66(A)(10)(b)).

Miscellaneous Exemptions:

 	Crime victim’s compensation: Amounts received within 12 months of filing (§ 2329.66(A)(12)(a); § 2743.66(D)).
 	Workers' compensation benefits: Fully exempt (§ 2329.66(A)(9)(b)).
 	529 savings plans: Exempt under § 2329.66(A)(10)(e).
 	Disability assistance payments: Protected under § 2329.66(A)(9)(f); § 5115.07.
 	Tax credits: Earned income tax credit (EITC) and child tax credit (§ 2329.66(A)(9)(g)).
 	Unemployment compensation benefits: Exempt under § 2329.66(A)(9)(c).
 	Death benefits: Limited exemption for benevolent society death benefits (§ 2329.66(A)(6)(a)).
 	Vocational rehabilitation benefits: Covered under § 2329.66(A)(9)(a); § 3304.19.

These exemptions collectively ensure that individuals filing for bankruptcy in Ohio retain critical assets and income to maintain stability.

Get the help you need. Call Richard West's bankruptcy attorneys at 1-937-748-1749  today.
FAQs
What are bankruptcy exemptions in Ohio?

Bankruptcy exemptions in Ohio are specific laws that allow you to protect certain assets, such as your home, car, or personal property, during bankruptcy proceedings.

Can I keep my home if I file for bankruptcy in Ohio?

Yes, Ohio’s homestead exemption protects up to $161,375 of equity in your primary residence.

Is my car protected in Ohio bankruptcy?

Ohio law exempts up to $4,450 in equity for one motor vehicle.

How does Ohio treat spousal or child support in bankruptcy?

Spousal or child support that is reasonably necessary for support is exempt under Ohio law.

Are unemployment and disability benefits protected?

Yes, Ohio exempts unemployment benefits, disability assistance, and workers’ compensation benefits from creditors.

What should I do if I'm unsure about which exemptions apply?

Consult with a bankruptcy attorney in Ohio to ensure you maximize your exemptions and protect your assets.

Sources:

[1] Court Statistics | Northern District of Ohio | United States Bankruptcy Court. (n.d.-b). https://www.ohnb.uscourts.gov/court-info/court-stats

[2] Bankruptcy Filings Statistics. (n.d.). United States Courts. https://www.uscourts.gov/data-news/reports/statistical-reports/bankruptcy-filings-statistics/

### Bad Decisions That Can Lead to Bankruptcy

Risky Moves That Could End in Bankruptcy
Bankruptcy doesn't happen overnight. It's often the result of a series of small, seemingly harmless financial decisions that snowball over time. One missed payment here, a risky investment there, and suddenly, you find yourself struggling to stay afloat.

In fact, studies show that a significant number of personal bankruptcies are avoidable if only people had recognized the warning signs earlier. Here are some of the most common decisions that could leave you filing for bankruptcy.
1. Overspending Without a Budget
It’s easy to lose track of where your money goes when you don’t have a clear plan in place. Living without a budget often leads to spending more than you earn, especially when you’re swiping credit cards or relying on loans to fund everyday expenses. Over time, this habit creates a dangerous cycle of debt that can be difficult to escape.

Many people fall into the trap of lifestyle inflation, earning more and immediately upgrading their spending to match, without thinking about saving or investing for the future. Without realizing it, they’re walking a financial tightrope, one unexpected expense away from disaster.

Bankruptcy filings totaled 40,271 in November 2024, a 6% increase from the November 2023 total of 37,907. [1]

How to Avoid It

Start by tracking your income and expenses. Create a realistic budget that covers your essentials first, housing, utilities, and food, and then allocates money for savings and debt repayment. Limit discretionary spending and regularly review your budget to stay on track.
2. Ignoring Debt Repayments
Debt can be manageable when handled responsibly, but ignoring it can quickly lead to financial disaster. Skipping payments or only paying the minimum on credit cards and loans allows interest and fees to pile up, turning small debts into overwhelming burdens. Over time, missed payments damage your credit score, limit your borrowing options, and increase the risk of legal action from creditors.

Many people delay addressing their debts, hoping the problem will somehow resolve itself. Unfortunately, procrastination only makes things worse. Ignored debts can lead to wage garnishments, asset seizures, and bankruptcy.

How to Avoid It

Stay proactive about your debt. Prioritize repayments by creating a plan, whether that’s the debt snowball method (tackling smaller debts first) or the avalanche method (focusing on high-interest debts). Set reminders for due dates, automate payments when possible, and avoid taking on new debt unless absolutely necessary.


3. Relying on Loans For Non-Essential Spending
It’s tempting to take out loans or swipe credit cards to fund vacations, luxury purchases, or impulse buys. But relying on borrowed money to maintain a lifestyle you can’t truly afford is a fast track to financial trouble. High-interest personal loans or credit card balances can accumulate quickly, making it harder to keep up with payments and pushing you deeper into debt.

This pattern often creates a false sense of security, until repayments become overwhelming and you’re faced with mounting financial pressure. Over time, what started as “a little extra help” can spiral into an unsustainable debt load.

How to Avoid It

Differentiate between needs and wants. If you can’t pay for something in cash or from your savings, it’s worth reconsidering whether you really need it. Use loans strategically for investments in education, homeownership, or business rather than for short-term gratification. And if you must borrow, make sure you fully understand the repayment terms and have a solid plan in place.
4. Neglecting Emergency Savings
Unexpected events are part of life, whether it’s a sudden job loss, medical emergency, car repair, or a major home expense. When you don’t have an emergency fund in place, you’re forced to rely on high-interest credit cards, personal loans, or even borrowing from friends and family. Over time, this can snowball into an overwhelming debt burden, pushing you closer to a financial crisis or even bankruptcy.

A lack of emergency savings means you’re financially vulnerable. Just one unexpected bill can disrupt your entire budget. For many people, it leads to missed payments on essential expenses like rent or utilities, late fees, and increased debt loads.

How to Avoid It

Start by building a dedicated emergency fund, even if you can only save a small amount at first. Aim for at least three to six months’ worth of essential living expenses. Keep these funds in an easily accessible account, like a high-yield savings account, separate from your daily spending account to avoid the temptation to dip into it unnecessarily.
5. Co-Signing Loans Without a Backup Plan
Co-signing a loan might seem like a kind gesture, but it comes with serious financial risks. As a co-signer, you’re equally responsible for the debt. If the primary borrower misses payments or defaults, lenders will hold you accountable. This can hurt your credit score, increase your debt load, and limit your ability to secure future loans.

Many people co-sign without fully considering the consequences, and unexpected defaults can leave them saddled with debt they never planned for—sometimes leading to bankruptcy.

How to Avoid It

Only co-sign if you’re financially prepared to repay the loan yourself. Understand the full terms, monitor payments regularly, and make sure the borrower is responsible. If you can’t afford the risk, it’s okay to say no.
6. Making Late or Missed Tax Payments


Falling behind on taxes is more common than people think—and far riskier. Unpaid taxes quickly rack up interest and penalties, turning a manageable bill into a massive debt. Ignoring tax obligations can lead to serious consequences like wage garnishments, bank account levies, or even property liens imposed by the IRS or state tax authorities.

Over time, these unresolved tax debts can spiral out of control, leaving you with few options other than bankruptcy to get relief.

How to Avoid It

File your taxes on time, even if you can’t pay the full amount. If you owe more than you can handle, contact the IRS or your local tax agency to set up a payment plan. Ignoring the problem only makes it worse—being proactive can save your finances in the long run.
7. Over-Leveraging in Business Ventures
Starting a business often requires investment, but taking on excessive debt to fund it can be dangerous. Many entrepreneurs overestimate profits and underestimate expenses, leading them to borrow more than their business can sustain. If the venture struggles or fails, you’re still on the hook for the loans—often personally liable if you’ve signed guarantees.

This kind of financial strain doesn’t just impact your business; it can drain your personal finances and lead to bankruptcy.

How to Avoid It

Be realistic about business risks. Start small, test your market, and avoid borrowing more than you can repay, even in a worst-case scenario. Build a solid business plan, keep personal and business finances separate, and seek professional financial advice before taking on significant debt.
8. Living Without Health or Disability Insurance
Medical emergencies can strike without warning, and without adequate health or disability insurance, the financial fallout can be devastating. A single hospital stay, surgery, or long-term illness can lead to massive out-of-pocket expenses. Many bankruptcies are triggered by unexpected medical bills that people simply can’t afford to pay.

Even a temporary inability to work due to illness or injury can disrupt income and lead to mounting debt if you don’t have a financial safety net.

How to Avoid It

Invest in health insurance, even if you’re healthy. Look into disability insurance to protect your income if you’re unable to work. Review your coverage regularly to ensure it meets your needs. Insurance may feel like an extra expense, but it can protect you from life-changing financial risks.


9. Ignoring Financial Red Flags
Ignoring warning signs of financial distress, such as maxed-out credit cards, accumulating late fees, or living paycheck to paycheck, can lead to serious consequences down the line. Often, people avoid looking at their finances or make excuses, hoping things will improve on their own. However, the longer you ignore the issues, the worse they become, potentially leading to bankruptcy.

Ignoring financial red flags can prevent you from taking the necessary steps to recover or adjust before it’s too late.

How to Avoid It

Stay vigilant about your financial health. Regularly check your bank statements, credit reports, and debt levels.

Facing financial challenges? Contact our bankruptcy attorneys at Richard West today at 937-748-1749 for a free consultation.

Source:

[1] | ABI. (n.d.). https://www.abi.org/newsroom/bankruptcy-statistics

### The No Surprises Act And Your Medical Bills

Have High Medical Bills Surprised You?
Medical bills can be overwhelming, especially when you’re hit with unexpected charges that seem to come out of nowhere. Whether it’s a surprise bill from an out-of-network provider or an emergency room visit that leaves you financially drained, the stress of these surprise medical costs can add to the already difficult experience of managing your health.

This analysis of government data estimates that people in the United States owe at least $220 billion in medical debt. Approximately 14 million people (6% of adults) in the U.S. owe over $1,000 in medical debt and about 3 million people (1% of adults) owe medical debt of more than $10,000. [1]

That’s where the No Surprises Act comes in. Enacted in 2022, this landmark legislation was designed to protect consumers from unexpected medical bills and ensure that patients are not left with hefty charges for services they didn’t expect.
What is the No Surprises Act?
The No Surprises Act is a federal law that was passed in 2020 and went into effect on January 1, 2022. Its primary goal is to protect consumers from unexpected medical bills, often referred to as "surprise billing." These types of bills typically occur when patients unknowingly receive care from an out-of-network provider, even when they are receiving treatment at an in-network hospital or facility.

Before the Act, many patients were blindsided by high charges for services from out-of-network doctors, especially in emergencies or when they had no control over who provided their care.

The law also introduces several key provisions aimed at providing consumers with more transparency and fairness when it comes to their medical costs. By requiring that patients be notified about their financial responsibilities up front and providing an easier process for resolving billing disputes, the No Surprises Act seeks to make medical billing more predictable and manageable.


Key Protections for Consumers & What Types of Charges Are Covered?
The No Surprises Act provides crucial protections that reduce the likelihood of surprise medical bills, especially for emergency and certain non-emergency services.
1. Emergency Services
If you require emergency care, you are protected from surprise out-of-network bills. Whether you’re treated by an out-of-network provider in an emergency room or through emergency ambulance services, you’ll only be charged at the in-network rate, even if you didn’t choose the provider.
2. Non-Emergency Services at In-Network Facilities
If you receive non-emergency care at an in-network hospital, but an out-of-network provider (e.g., anesthesiologist or radiologist) treats you, the law prevents you from being charged more than the in-network rate. However, this protection only applies if you were unaware of the out-of-network provider.
3. Cost Estimates Before Non-Emergency Procedures
Providers must give you a good faith estimate for non-emergency services, allowing you to understand potential costs in advance. This ensures greater transparency and helps you avoid surprise out-of-network charges.
4. Air Ambulance Services
The Act also protects you from unexpected charges for air ambulance services, which can be especially costly in emergencies. You won’t be charged more than the in-network rate for these services, even if they are provided by an out-of-network company.


5. Ancillary Services and Rural Areas
The law also covers ancillary services like anesthesia, lab work, and pathology if they’re provided by out-of-network professionals at in-network facilities. For patients in rural areas, additional protections are in place, ensuring fewer surprise bills due to limited in-network provider options.
How The No Surprises Act Benefits You
The No Surprises Act brings tangible benefits for consumers, aiming to make healthcare costs more predictable and manageable. Here’s how the law directly impacts you:
Financial Relief in Emergencies
Before the Act, many patients were blindsided by hefty bills for emergency care, especially when treated by out-of-network providers. With these protections, you won’t face unexpected charges in emergency situations, offering significant financial relief when you need it most.
Improved Transparency in Medical Billing
The law requires providers to give clearer cost estimates before non-emergency procedures, allowing you to make informed decisions. With greater transparency, you can better navigate your healthcare costs and avoid surprise out-of-network charges.
Dispute Resolution Process
If you do receive an unexpected bill, the No Surprises Act provides a dispute resolution process. This process allows you to challenge surprise medical bills and seek fair pricing, offering an additional layer of protection and peace of mind.
Protections for Vulnerable Populations
The law particularly benefits those who may have limited healthcare options, such as those living in rural areas. By ensuring that out-of-network charges are minimized in these regions, it helps ensure that access to affordable care is available, even when in-network providers are scarce.
The Dispute Resolution Process
The Independent Dispute Resolution (IDR) process is a mechanism to resolve disputes between healthcare providers and insurers regarding out-of-network charges under the No Surprises Act. If a patient receives a surprise bill for services provided by an out-of-network provider at an in-network facility, they can appeal the charges through this process. The steps typically include:

 	Initiating the IDR:  Either the healthcare provider or the insurer can start the dispute resolution process within 30 days of receiving the bill.
 	Choosing an IDR entity: Both parties select an independent arbitrator who will review the case and make a binding decision on the payment.
 	Arbitration and Outcome: The arbitrator considers factors like the median in-network rate for the services provided, among others. The decision is generally rendered within 30 days of the start of the dispute.

During this process, patients are shielded from escalating bills while the insurer and provider settle the matter. However, the outcome may result in a higher or lower charge for the patient, depending on the resolution.
How The No Surprises Act Affects Health Insurance Plans
The No Surprises Act significantly alters how insurers and healthcare providers handle out-of-network bills:

 	Negotiating Out-of-Network Charges: The law requires insurers and providers to negotiate payments for out-of-network services. Insurers must cover these charges as in-network, significantly reducing the patient’s out-of-pocket expenses.
 	Reduced Out-of-Pocket Costs: With insurers paying a higher share for out-of-network services, patients' financial responsibility for these bills is significantly reduced.


What Patients Need to Do
Patients should take proactive steps to minimize the risk of unexpected bills:

 	Verify Costs: Before receiving any non-emergency services, always verify with your insurer whether the provider is in-network and ask for a written cost estimate.
 	Understand Coverage: Familiarize yourself with your insurance policy to understand how out-of-network charges are handled under the No Surprises Act.
 	Handling Unexpected Bills: If you receive an unexpected bill for out-of-network services, immediately contact your insurer. They should help guide you through the dispute process.
 	Using the Dispute Process: If the dispute cannot be resolved through regular channels, the IDR process is available to settle the issue between providers and insurers.

While the law’s positive impact is clear, there are still challenges. Enforcement gaps and complexities in the dispute process could confuse patients, especially when navigating exceptions or dealing with non-emergency situations.

If you’re facing financial challenges due to unexpected medical bills or other debt, contact Richard West today to explore your options and take control of your financial future.

Source:

[1] Rakshit, S., Rae, M., Claxton, G., Amin, K., & Cox, C. (2024, February 12). The burden of medical debt in the United States | KFF. KFF. https://www.kff.org/health-costs/issue-brief/the-burden-of-medical-debt-in-the-united-states/

### Lessons From Famous Entrepreneurs Who Failed

Lessons From Entrepreneur Failures
Bankruptcy in business refers to a legal process that offers protection for businesses unable to meet their financial obligations. For entrepreneurs, it’s often a last resort when debts outweigh assets, and can be a painful but sometimes necessary step.
Common Reasons Startups Fail

 	Cash Flow Issues: Poor management of cash flow and an inability to secure financing.
 	Market Misalignment: Failing to meet customer needs or misjudging market demand.
 	Operational Mistakes: Poor management decisions, lack of experience, or inefficient systems.
 	External Factors: Economic downturns, unforeseen competition, or global crises.

Emotional and Psychological Toll of Bankruptcy
Entrepreneurs often face significant stress, feelings of failure, and personal financial strain. The emotional toll can be overwhelming, but the ability to recover mentally is just as important as recovering financially.
The Importance of Resilience and Learning from Failure
Bankruptcy doesn’t mark the end of an entrepreneur’s career. Many use the experience to learn vital lessons in financial management, leadership, and perseverance. The true challenge lies in bouncing back and applying these lessons in future ventures.


5 Entrepreneur Journeys You Can Learn From
Here are 5 entrepreneurs who failed, yet were able to rebuild themselves and their companies:
1. Walt Disney
In 1923, Walt Disney's first animation studio, Laugh-O-Gram Studios, went bankrupt due to financial mismanagement and an inability to secure enough funding. [1]

This failure left Disney with debts and no clear path forward. However, instead of giving up, Disney moved to Hollywood with his brother Roy and started fresh by founding Disney Brothers Studio.

The Birth of Mickey Mouse

In 1928, Disney faced another major setback, when he lost the rights to his character Oswald the Lucky Rabbit to his distributor. Rather than giving up, Disney created a new character: Mickey Mouse. The 1928 release of Steamboat Willie, featuring synchronized sound, made Mickey an instant success and saved the studio from collapse.

Rebuilding and Expansion

With the success of Mickey, Disney expanded rapidly, creating iconic characters like Minnie Mouse and Donald Duck, and later producing the first full-length animated film, Snow White and the Seven Dwarfs (1937). This success led to Disneyland as a global entertainment empire. Disney's net worth as of January 20, 2025, is $196.76B. [2]
2. Henry Ford
Henry Ford’s first business venture, the Detroit Automobile Company, was founded in 1899 but failed due to poor management, high production costs, and a product that didn’t meet market needs.

In 1901, Ford’s second attempt, the Henry Ford Company, went bankrupt after struggling to gain traction in the competitive automotive market.

The Breakthrough

Rather than giving up, Ford took the lessons from his failures and launched the Ford Motor Company in 1903. This time, he focused on improving the design, the production process, and making cars more affordable.

Ford's innovative assembly line drastically lowered manufacturing costs, enabling mass production of cars and making automobiles accessible to the average person.

Key Lesson

Ford’s failures taught him valuable lessons in innovation and understanding market needs. By improving his design and refining his production methods, he was able to create a revolutionary product that changed the entire industry. As of January 20, 2025, Ford Motor Company's net worth, or market cap, was $40 billion. [3]


3. Richard Branson: Bankruptcy and the Rise of Virgin
Richard Branson's first major setback came with Virgin Cola in the 1990s. Despite initial optimism, the brand couldn’t compete with industry giants like Coca-Cola and Pepsi, ultimately failing. Branson also faced challenges with other ventures, including Virgin’s attempt at launching an airline in a highly competitive market.

Rebuilding Virgin

Instead of letting failure define him, Branson used the lessons from these struggles to fuel his success. He revamped the Virgin brand, focusing on customer experience, innovation, and expanding into new areas like Virgin Atlantic Airways, Virgin Mobile, and Virgin Galactic.

Branson's adaptability and bold approach led to the growth of the Virgin Group into a multibillion-dollar global brand. In June 2023, Forbes listed Branson's estimated net worth at $3 billion. [4]

Key Lesson

Branson’s failures taught him the importance of risk-taking, resilience, and reinvention. Embracing failure allowed him to learn, adapt, and build a diversified empire.
4. Donald Trump
Donald Trump filed for Chapter 11 bankruptcy protection four times between 1991 and 2009. His bankruptcies were tied to his casinos, hotels, and real estate holdings. [5]

Poor investments, debt, and the collapse of the real estate market caused significant financial trouble, particularly with his Trump Taj Mahal Casino and other ventures.

Rebuilding

Trump didn’t let bankruptcy define him. He used his personal brand which was synonymous with wealth and luxury to pivot toward entertainment. As the host of the reality TV show The Apprentice starting in 2004, he reinvented himself as a savvy businessman.

He also expanded his global real estate empire, further cementing his luxury brand, and diversified into other ventures such as golf courses and branding deals.

Political Career and Presidency

In 2016, Trump transitioned from businessman to politician. Running as the Republican candidate for president, he defied political norms and won the 2016 U.S. Presidential Election. His victory shocked many, but his ability to brand himself as an outsider, populist candidate resonated with a significant portion of the American public.

After a contentious and polarizing presidency, Trump continued to shape U.S. politics even after his term ended in 2020. On January 20, 2025, Trump took the oath of office again as the 46th President of the United States, marking a historic comeback. [6]

Lesson

Trump’s story demonstrates that bankruptcy doesn’t mean the end. Instead, it can be an opportunity to refocus and leverage a strong personal brand for reinvention and new ventures. His success highlights the power of personal image and the ability to pivot in business.


5. Martha Stewart
Martha Stewart faced a financial crisis in 2001 when her company, Martha Stewart Omnimedia, was deeply affected by her conviction for insider trading. Although Stewart didn’t file for personal bankruptcy, her company’s value plummeted, and stock prices dropped dramatically.

Rebuilding

Martha Stewart used her personal brand to make a powerful comeback. She refocused her efforts on home goods and media through new partnerships with companies like Home Depot and Macy’s. She also embraced the digital space, launching a website, publishing books, and creating new TV shows. By expanding her product lines and media presence, she regained her position as a trusted home and lifestyle expert.

Lesson

Stewart’s comeback proves that even after legal and financial setbacks, a strong personal brand and the ability to reinvent can drive recovery and future success. Her story shows that strategic partnerships and diversification are key to bouncing back. Her current estimated worth is reported to be around $400 million. [7]
6. Larry King: Reinvention After Bankruptcy
Larry King filed for bankruptcy in 1978 due to debt and poor business decisions. At the time, he was struggling in his career as a radio host and had made a series of unwise financial moves that left him with significant personal and professional setbacks.

Rebuilding

Larry King made a remarkable comeback by reinventing himself as an interviewer and television personality. In 1985, he became the host of Larry King Live on CNN, where he spent 25 years interviewing political leaders, celebrities, and influential figures.

His distinctive interview style and wide-ranging guests made him a household name and cemented his career as one of the most respected figures in broadcast journalism.

Lesson

Larry King’s story illustrates the importance of personal reinvention. By embracing his natural strengths, communication skills and the ability to engage people, he turned bankruptcy into a stepping stone for becoming a global media icon.

His ability to adapt and pivot his career is a powerful reminder of how resilience can lead to long-term success. He reportedly had a net worth of $50 million at the time of his death in January 2021. [8]

Facing bankruptcy? Contact Richard West for financial guidance and a fresh start.

Sources:

[1] Wiki, C. T. D. (n.d.). Laugh-O-Gram Studio. Disney Wiki. https://disney.fandom.com/wiki/Laugh-O-Gram_Studio

[2] Disney Net Worth 2010-2024 | DIS. (n.d.). MacroTrends. https://www.macrotrends.net/stocks/charts/DIS/disney/net-worth

[3] Ford Motor Net Worth 2010-2024 | F. (n.d.). MacroTrends. https://www.macrotrends.net/stocks/charts/F/ford-motor/net-worth

[4] Wikipedia contributors. (2025, January 16). Virgin Group. Wikipedia. https://en.wikipedia.org/wiki/Virgin_Group

[5] 4 Trump Bankruptcies. (n.d.). Presidency. https://www.presidency.ucsb.edu/documents/rubio-campaign-press-release-the-four-times-donald-trump-has-declared-bankruptcy

[6] Elkind, E. (2025, January 21). President Donald J. Trump, Vice President JD Vance participate in inaugural activities. Fox News. https://www.foxnews.com/live-news/president-donald-trump-inauguration-day-2025

[7] Srinivasan, H. (2024, November 24). Martha Stewart’s $400 Million Net Worth: How She Continues To Grow Her Businesses. Investopedia. https://www.investopedia.com/martha-stewart-net-worth-8748144

[8] Sportskeeda. (n.d.). How much is Larry King’s Net Worth as of 2023? https://www.sportskeeda.com/pop-culture/larry-kings-net-worth

### 2024 Bankruptcy Filings of Cincinnati, Columbus and Dayton

Bankruptcy Filings in Southern Ohio
Bankruptcy filings are more than just legal proceedings—they offer a window into the financial health of a region. In 2024, the Southern District of Ohio, which consists of Cincinnati, Columbus, and Dayton, saw notable trends in bankruptcy cases, reflecting the economic challenges faced by individuals and businesses alike. The district’s bankruptcy filings shed light on the pressures of inflation, debt burdens, and other financial struggles impacting the region.
Breakdown of Bankruptcy Types in the Southern District of Ohio
Bankruptcy filings in the Southern District of Ohio include various chapters of the U.S. Bankruptcy Code, each tailored to address specific financial situations. Here's a breakdown of the most common types of cases reported in 2024:
Chapter 7: Personal Liquidation Cases
Chapter 7 remains the most frequently filed type of bankruptcy. It is designed for individuals and businesses who lack the financial means to repay their debts. Through this process, non-exempt assets are liquidated to pay creditors, providing a fresh start for the debtor.
Chapter 11: Business Reorganizations
Chapter 11 is primarily used by businesses seeking to restructure their debts while continuing operations. This chapter allows companies to propose a reorganization plan that adjusts debt obligations, enabling them to stay afloat and potentially return to profitability. It is also occasionally used by high-net-worth individuals with complex financial situations.
Chapter 13: Debt Adjustment Plans
Chapter 13 is geared toward individuals with a steady income who wish to reorganize their debts and create a repayment plan, typically lasting three to five years. This chapter allows debtors to retain their assets while working toward financial recovery.


Statistics for 2024: Cincinnati, Columbus, and Dayton
As per the 2024 case filings report published by the Southern District Courts of Ohio, we can see the following trends: [1]

1. In 2024, the Southern District of Ohio saw a total of 11,043 bankruptcy filings.

2. Chapter 7 filings, which involve liquidation of assets, accounted for the majority of cases in 2024.

3. There were 24 Chapter 11 filings indicating business reorganizations throughout the year.

4. Chapter 13 filings totaled 3,371 in 2024.

5. The number of filings varied with April (1,050) having the highest number and January (762) having the lowest.

6. 163 bankruptcy cases were reopened during 2024.

7. Total bankruptcy filings increased by 17.26% from 9,418 in 2023 to 11,043 in 2024.
Two Ohio Bankruptcies You Should Know About
1. Burger King's Bankruptcy Shake-Up in Cincinnati, Columbus, and Dayton
In early 2023, Burger King locations throughout Cincinnati, Columbus, and Dayton faced an uncertain future when their franchise operator, Toms King Holdings, declared bankruptcy. [2]

As news broke that 82 of the 90 locations would be rescued by four different buyers, including Burger King's own corporate arm, the mood began to shift. Dayton saw a particular spark of hope, with the franchisor planning to acquire several key locations in the area.

Yet, the bankruptcy saga served as a reminder of the evolving landscape in the fast-food industry. Even household names like Burger King are not immune to economic pressures.
2. Shocking Chapter in Cincinnati's Real Estate Scene
In a stunning twist for Cincinnati’s real estate market, one of the city's largest developers, Ray Schneider, president of Circle Development, filed for Chapter 11 bankruptcy in March 2023. Known for spearheading high-profile projects that shaped the city's skyline, Schneider's legal move sent ripples through the local business community. [3]

With liabilities soaring between $100 million and $500 million and assets reported between $10 million and $50 million, the bankruptcy highlighted the stark challenges Circle Development faced.

Among Schneider's many creditors, claims totaled more than $177 million, with additional unsecured debts of over $7.2 million. Such staggering figures fueled legal disputes, prompting one creditor to push for a court-appointed trustee to oversee the proceedings.

Despite the daunting financial landscape, the Chapter 11 filing was seen as a strategic attempt to reorganize the company’s assets while remaining operational. For Cincinnati residents and stakeholders, this filing marked a pivotal moment that underscored the precarious balance developers face in a fluctuating market.


Common Factors Driving Bankruptcy Filings in Southern Ohio
Several key factors have contributed to the increase in bankruptcy filings across Cincinnati, Columbus, and Dayton in 2024. These challenges reflect both individual struggles and broader economic trends impacting residents and businesses throughout Ohio.

 	Rising Cost of Living: Inflation increased prices for essentials like housing, food, and utilities, leaving many households unable to keep up with expenses.
 	Mounting Credit Card Debt: Financial struggles led to higher reliance on credit, making repayment unmanageable for many.
 	Medical Debt: Unexpected medical emergencies or prolonged illnesses create overwhelming bills, especially for those without sufficient insurance.
 	Small Business Challenges: Economic uncertainty, supply chain disruptions, and increased operating costs forced many businesses to file for Chapter 11 to restructure and survive.
 	Job Losses: Layoffs and reduced employment opportunities made it difficult for residents to manage debts and financial obligations.
 	Stagnant Wages: Income growth failed to keep pace with rising expenses, worsening financial stress for many Ohioans.

Rising costs, stagnant wages, and unforeseen expenses have driven many to seek relief through bankruptcy.

Contact Richard West Law Office today for expert legal guidance and compassionate support in your bankruptcy journey.

Sources:

[1] OHSB Filing Statistics. (n.d.). https://www.ohsb.uscourts.gov/sites/ohsb/files/case-filing-stats/2024.pdf

[2] Strozewski, Z. (2023, April 5). 90 bankrupt Burger King locations have met their fate—and some are closing for good. Eat This Not That. https://www.eatthis.com/toms-king-sells-bankrupt-burger-king-locations/

[3] ABBY MILLER Cincinnati Business Courier. (2023, April 27). One of Cincinnati’s largest developers files for bankruptcy. WKRC. https://local12.com/news/local/cincinnati-large-developer-file-bankruptcy-ray-schneider-files-money-business-liabilities-circle-development

### Coping With Medical Debt in Dayton

Medical Debt Issue in Dayton
Medical debt is a growing issue in Dayton, as many residents struggle with high healthcare costs, even with insurance coverage. Unforeseen medical emergencies, high deductibles, and out-of-pocket expenses can quickly lead to financial strain.

Medical debt can include hospital stays, doctor visits, prescriptions, and procedures. It can arise even with insurance coverage due to high deductibles, co-pays, or non-covered services. Individuals are often left with substantial bills despite having health insurance.

In Dayton, medical debt is driven by high healthcare costs, especially for those without comprehensive insurance. 35% of Ohio adults have struggled to pay their medical bills, including: [1]

 	15% contacted by a collection agency
 	11% used up all or most of their savings
 	10% unable to pay for basic necessities like food, heat, or housing

In 2023, 6.1% of Ohio's population was uninsured, which is 697,600 people. [2] Combined with rising medical expenses, creates a financial burden on individuals and families. Local hospitals, physicians, and clinics may charge high fees, leading to significant debt even after insurance payments.

1. Review your medical debt

2. Talk to providers about resolving medical debt

3. Apply for medical aid if eligible

4. Get professional support (financial counselor, bankruptcy lawyer, etc.)

5. Avoid medical debt in the future






1.

Assessing Your Dayton Medical Debt
To effectively manage medical debt, it's necessary to first understand the full extent of what you owe.
Create a List of Outstanding Debts
Start by gathering all your medical bills. Review each one carefully to ensure you have an accurate list of amounts owed. Include bills from hospitals, doctors, specialists, labs, and pharmacies. Organize them by due dates and amounts to understand the full scope of your debt.
Understand the Details of Each Bill
Break down each bill to ensure that the charges are accurate. Look for errors such as duplicate charges, incorrect billing codes, or services you didn't receive. Verify what your insurance has covered and whether any services were billed incorrectly. If you're unsure about any item, don't hesitate to contact the provider for clarification.





2.

Negotiating Your Bills in Dayton
Negotiating your medical bills is a key step in managing debt. Many providers are willing to work with you, whether through discounts, payment plans, or financial assistance programs.
Contact Providers for Financial Assistance
Reach out to hospitals, clinics, and other healthcare providers directly to discuss your bills. Many providers offer financial assistance programs or are willing to work with patients to reduce costs or set up payment plans. Be prepared to explain your financial situation and ask if they can offer any discounts or adjust charges.
Setting Up Payment Plans
If paying the full amount at once isn't possible, request to set up a manageable payment plan. Most healthcare providers are willing to arrange monthly payments, often without interest or fees. Ensure that the terms are clear and within your budget. If you’re unable to pay the full balance, ask if they can reduce the monthly amount or offer longer repayment terms.






3.

Exploring Insurance and Government Programs
Understanding your insurance options and available government assistance can significantly reduce medical debt. There are programs designed to help lower-income individuals or those with inadequate insurance. Exploring these options may help you cover outstanding medical costs or prevent future financial strain.
Affordable Care Act (ACA) and Medicaid
If you don’t have insurance or are underinsured, check if you qualify for Medicaid or other ACA programs. These programs offer coverage for low-income individuals and can significantly reduce out-of-pocket expenses for medical care.





4.

Seeking Financial Counseling & Legal Help
When medical debt becomes overwhelming, seeking professional assistance can provide guidance. A bankruptcy attorney can help you understand how bankruptcy may offer relief from medical debt and provide a fresh financial start.
Finding Local Credit Counseling Services
Credit counseling agencies can assist in creating a budget and negotiating payment plans, but they cannot offer the legal protections or debt discharge that bankruptcy can provide. If medical debt is substantial, it’s necessary to understand the legal options available, as credit counseling may not resolve significant debt.
When to Consult a Bankruptcy Attorney
If medical debt has become unmanageable and other options, such as payment plans, are no longer viable, bankruptcy may be the best solution. A bankruptcy attorney can explain how filing for Chapter 7 or Chapter 13 bankruptcy can discharge medical debts, stop creditor harassment, and allow for a fresh financial start. Bankruptcy provides a structured way to handle medical debt and helps individuals regain control of their finances.






5.

Preventing Future Medical Debt in Dayton
Taking proactive steps can help reduce the likelihood of accumulating more medical debt in the future. By planning ahead and being mindful of healthcare costs, you can avoid financial strain down the road.
Planning for Future Healthcare Costs
Consider setting up an emergency fund specifically for medical expenses. This can help cover unexpected costs, such as medical treatments or procedures not fully covered by insurance. Staying on top of regular check-ups and preventive care can reduce the likelihood of needing costly emergency care.
Evaluating Insurance Options
Regularly review your health insurance plan to ensure it meets your needs. Pay attention to changes in premiums, deductibles, and coverage options each year. If your current plan doesn’t provide adequate coverage, consider exploring other plans during open enrollment periods. Having a plan that covers necessary medical services can help you avoid high out-of-pocket expenses.

Coping with medical debt in Dayton can be challenging, but there are steps you can take to regain control of your finances. By negotiating with providers, exploring insurance options, and seeking professional help, you can reduce the burden of medical debt.

If you are in medical debt in Dayton and are considering bankruptcy, contact Richard West today!
FAQs
What should I do if I can’t pay my medical bills?

If you are unable to pay your medical bills, start by carefully reviewing each bill for errors. Contact the healthcare provider to discuss payment options or set up a payment plan. Many providers offer financial assistance programs or are willing to reduce the amount owed. You can also explore local resources or government programs that may help, such as Medicaid or assistance from charitable organizations.

Can medical debt be discharged in bankruptcy?

Yes, medical debt can be discharged in bankruptcy. Both Chapter 7 and Chapter 13 bankruptcy can provide relief from medical debt. Chapter 7 bankruptcy allows for the complete discharge of qualifying medical debt, while Chapter 13 bankruptcy may involve a repayment plan based on your income and financial situation.

How do I qualify for Medicaid in Dayton?

Medicaid eligibility in Dayton is determined by factors like income, household size, and certain medical conditions. If your income is at or below a certain level, you may qualify for Medicaid. You can apply online through the Ohio Benefits portal or contact the Montgomery County Job and Family Services for assistance with your application.

Can I negotiate my medical bills?

Yes, you can negotiate your medical bills. Contact your healthcare provider or hospital billing department to discuss payment options, discounts, or a payment plan. Some providers may offer discounts for uninsured patients or allow you to pay in installments.

How can I avoid future medical debt?

To avoid future medical debt, consider setting up an emergency fund for healthcare costs and review your health insurance plan regularly to ensure it covers your needs. Preventive care, regular check-ups, and staying on top of your health can also help reduce the risk of unexpected medical expenses. If possible, also explore Health Savings Accounts (HSAs) to save for medical costs tax-free.

What should I do if my medical debt is sent to collections?

If your medical debt is sent to collections, it’s important to act quickly. Review the debt to ensure it’s accurate and that the collection agency has the correct information. You can negotiate a payment plan or, if necessary, consult a bankruptcy attorney to explore whether filing for bankruptcy might be a viable solution. Communicate with the collections agency to avoid further negative consequences.

What is a Health Savings Account (HSA), and how can it help with medical debt?

A Health Savings Account (HSA) allows you to set aside money tax-free to pay for qualified medical expenses. If you have a high-deductible health plan, an HSA can help cover out-of-pocket medical costs, including those that insurance doesn’t fully cover. Contributing to an HSA each year can help build a fund for future medical expenses and reduce the likelihood of accumulating medical debt.

Sources:

[1] Altarum - Healthcare Value Hub. (n.d.). https://www.healthcarevaluehub.org/advocate-resources/publications/ohio-residents-struggle-afford-high-healthcare-costs-support-range-government-solutions-across-party-lines

[2] Election 2024: State Health Care Snapshots | KFF. (2024, September 30). KFF. https://www.kff.org/statedata/election-state-fact-sheets/ohio/

### Are Payday Loans Dischargeable in Bankruptcy?

Can You Discharge Payday Loans in Bankruptcy
Payday loans are short-term, high-interest loans typically taken out by individuals who need quick access to cash before their next paycheck. These loans are often marketed as a quick solution for financial emergencies, but they come with steep fees and interest rates that can lead to a cycle of debt.

Twelve million Americans take out payday loans each year, spending $9 billion on loan fees. [1] Payday lenders often require full repayment of the loan in a lump sum, including the principal and high interest, on the borrower’s next payday.

Bankruptcy allows individuals to get relief from overwhelming debt. However, not all debts can be discharged through bankruptcy, and payday loans raise an interesting question: are they one of those debts?
Are Payday Loans Considered Consumer Debt?
In bankruptcy, debts are typically categorized into two broad types: secured debts and unsecured debts. Secured debts are tied to specific collateral, like a mortgage or car loan, whereas unsecured debts are not tied to any property and include things like credit card balances, medical bills, and personal loans.

Payday loans fall under unsecured debt because they aren’t backed by any collateral. In bankruptcy, unsecured debts are usually the most straightforward to discharge, meaning they are eligible for cancellation. However, there are nuances depending on the type of bankruptcy filed, the nature of the debt, and how the loan was obtained.

Although payday loans are consumer debt, they might not be treated the same way as other unsecured debts in bankruptcy, especially if there is evidence of fraud or predatory lending practices. In some cases, lenders may challenge the discharge of the loan, or the bankruptcy court may decide that the debt is not eligible for discharge based on certain circumstances.


The Dischargeability of Payday Loans in Bankruptcy
So, can payday loans be discharged in bankruptcy? Generally, the answer is yes, but the specifics depend on the type of bankruptcy being filed and whether there are any complicating factors.
Chapter 7 Bankruptcy
In Chapter 7 bankruptcy, which involves the liquidation of assets to pay off debts, payday loans are typically dischargeable. As an unsecured debt, payday loans are included in the list of debts that are wiped out through the bankruptcy process. After the bankruptcy is completed, you will no longer be legally required to repay the payday loan.

However, the process of getting a payday loan discharge might not always be entirely smooth. For example, if the payday loan was taken out under fraudulent circumstances or if the lender can prove that the borrower misrepresented their financial situation, the loan may not be discharged. If the borrower is found to have committed bankruptcy fraud, the court may disallow the discharge of certain debts.
Chapter 13 Bankruptcy
In Chapter 13 bankruptcy, a debtor is placed on a repayment plan that lasts between 3 and 5 years, depending on their income level and debt situation. Payday loans, as unsecured debt, are often included in the repayment plan, and the borrower will repay a portion of the debt over time.

At the end of the repayment period, any remaining unsecured debt, including payday loans, may be discharged.

Unlike Chapter 7, where debts are eliminated immediately after the process, Chapter 13 provides a more structured way to manage and repay debt, but it often requires borrowers to repay part of their payday loan debt through the plan.

In some cases, if the borrower’s financial situation improves during the repayment period, the court may allow modifications to the plan to adjust repayment terms.

Ultimately, while payday loans are typically dischargeable in both types of bankruptcy, Chapter 13 may be more beneficial for individuals who want to avoid liquidation of their assets and need more time to manage their repayment.


Exemptions: When Payday Loans May Not Be Dischargeable
While payday loans are generally dischargeable in bankruptcy, there are specific situations where they may not be, especially if certain conditions or misconduct are involved. Here are some common scenarios in which payday loans might not be discharged:
Fraudulent Loans or Misrepresentation
If a borrower obtained a payday loan by intentionally providing false information or misrepresenting their financial situation, the lender may challenge the dischargeability of the debt. For example, if a borrower lied about their income or their ability to repay the loan, the court could determine that the loan was obtained through fraud, making it non-dischargeable.

In bankruptcy, the creditor (in this case, the payday lender) can request a complaint for non-dischargeability, which would require the borrower to prove that they didn’t engage in fraud. If the lender successfully proves fraud or misrepresentation, the bankruptcy court may decide that the payday loan cannot be discharged.
Loans Obtained Through Illegal Practices
If the payday loan was obtained through illegal activity or predatory lending practices, there might be a chance that the loan isn’t dischargeable. While most payday loans are legal, some states have more stringent regulations on payday lenders, and loans that violate these laws might be subject to special legal treatment.

For example, if a payday lender violated state usury laws (charging interest rates higher than the legal limit), the borrower may have a case for arguing that the loan is unenforceable or could be discharged.
Non-Dischargeable Debts
While payday loans are typically dischargeable, there’s a slight possibility that in rare cases, payday loans could be tied to non-dischargeable debts if they’re associated with things like criminal activity, personal injury, or child support obligations. However, this is extremely uncommon and would depend on the specifics of the case.


What Happens After Bankruptcy Discharge?
Once payday loans are discharged, you are no longer legally obligated to repay them. However, there are some important considerations:
Impact on Credit Score
Bankruptcy will hurt your credit score, typically staying on your record for 7-10 years. This can make it harder to secure future credit, but with time and good financial habits, you can begin to rebuild your score.
Rebuilding Financial Health
Post-bankruptcy, focus on rebuilding:

 	Create a Budget: To avoid payday loans and manage finances.
 	Emergency Fund: Start saving for unexpected expenses.
 	Avoid Payday Loans: Explore alternatives like credit unions.
 	Credit Counseling: Seek professional help to get back on track financially.

If you are considering bankruptcy or struggling with payday loans, reach out to Richard West today for a free consultation.

Source:

[1] Payday Loans & Cash Advances – What Consumers Need to Know - DFPI. (n.d.). DFPI. https://dfpi.ca.gov/consumers/managing-debt/payday-loans-cash-advances-what-consumers-need-to-know/

### Options For Debt Relief in Springboro

Springboro Debt Relief
Debt can take a serious toll on your finances, mental health, and relationships. It might seem like there’s no way out, but there are effective debt relief options to help you regain control and move forward.

The average personal loan balance in Ohio is 2023 is $9,668. [1] Whether you're dealing with credit card debt, medical bills, or unexpected expenses, understanding your options is key.
Understand Your Financial Situation
To begin your debt relief journey, take a comprehensive look at your financial situation. Understanding where you stand financially will give you a clear picture of how much debt you owe and help you determine the best course of action.
Steps to Evaluate Your Debt

 	Total Amount Owed: Start by making a list of all your debts. This includes credit card bills, loans, medical bills, personal loans, and any other outstanding debts. Be thorough and don’t forget smaller debts, as they can add up.
 	Interest Rates: Take note of the interest rates associated with each of your debts. High interest rates on credit cards or payday loans can quickly escalate your debt. Knowing these rates will help you prioritize paying off the most expensive debts first.
 	Monthly Payments: Review your monthly payment obligations for each debt. This will help you understand how much of your income is currently dedicated to repaying debt and where there might be room for adjustment.

Identifying the Causes of Your Debt

 	Medical Bills: Unexpected medical emergencies are a common cause of debt. If you’ve experienced a major health event, your bills may have added up quickly. This type of debt is often difficult to plan for and can impact your finances for years.
 	Credit Card Debt: High balances from credit cards are a common cause of financial strain. High interest rates and minimum payment traps can leave you paying far more than you owe over time.
 	Student Loans: While they are an investment in your future, student loans can be a heavy burden, especially if you struggle to find a high-paying job after graduation. Evaluating the size of your loans and any federal or private relief options is essential.
 	Unexpected Emergencies: Life can throw curveballs—whether it's a sudden job loss, car accident, or another financial emergency. These unexpected costs can push individuals into debt, but the right relief option can get you back on track.

The more detailed you are in evaluating your situation, the more effective the debt relief plan you choose will be.


Debt Relief Options Available in Springboro
To begin your debt relief journey, take a comprehensive look at your financial situation. Understanding where you stand financially will give you a clear picture of how much debt you owe and help you determine the best course of action.

There are several debt relief options available to individuals in Springboro who are struggling with debt. Each option comes with its own set of advantages and considerations, so it’s important to carefully assess which one is best suited to your financial situation. Here are some of the most common debt relief options:
1. Debt Consolidation
Debt consolidation involves combining multiple debts into a single loan with a lower interest rate. This can simplify your monthly payments and may lower your overall debt.

 	How It Works: You take out one loan to pay off several existing debts, leaving you with just one monthly payment.
 	Pros: Easier to manage, lower interest rates, and potential for better credit if payments are made on time.
 	Cons: May require good credit to secure a low-interest loan, and your debt may increase if you continue to use credit cards after consolidation.

2. Debt Settlement
Debt settlement allows you to negotiate with creditors to reduce the total amount of debt you owe, usually in exchange for a lump-sum payment.

 	How It Works: You work with a debt settlement company or directly with creditors to reduce your total debt amount. This often involves paying a reduced amount in one or more payments.
 	Pros: You can eliminate a significant portion of your debt in a short amount of time.
 	Cons: It can severely impact your credit score, and creditors are not obligated to accept settlement offers. It may also involve fees from debt settlement companies.


3. Bankruptcy
Bankruptcy is a legal process where your debts are either restructured or eliminated entirely, depending on the type of bankruptcy you file for (Chapter 7 or Chapter 13).

 	How It Works: In Chapter 7 bankruptcy, most unsecured debts are discharged, while in Chapter 13, a repayment plan is created to pay off debts over time.
 	Pros: Provides a fresh start by eliminating or restructuring your debts, stops collection efforts and lawsuits, and protects your assets under specific exemptions.
 	Cons: Bankruptcy can remain on your credit report for up to 10 years, impacting your ability to secure loans and credit in the future.

4. Debt Management Plans (DMP)
A debt management plan involves working with a credit counseling agency to set up a repayment plan that consolidates your debts into one manageable monthly payment.

 	How It Works: A credit counseling agency negotiates with your creditors to lower interest rates and fees. You then make one monthly payment to the agency, which distributes the payments to creditors.
 	Pros: Lower interest rates, more manageable payments, and it can help improve your credit over time.
 	Cons: It can take several years to complete, and some creditors may not agree to participate.

5. Credit Counseling
Credit counseling is a service that helps you understand your finances, create a budget, and develop a plan for paying off your debts.

 	How It Works: A credit counselor works with you to evaluate your financial situation, develop a budget, and offer personalized advice on managing your debt.
 	Pros: Free or low-cost services, no impact on your credit score, and a good option if you need guidance in managing your finances.
 	Cons: It does not directly reduce or eliminate debt, and credit counselors are not able to negotiate with creditors on your behalf.

6. Debt Forgiveness Programs
Debt forgiveness programs are available for certain types of debt, such as student loans, where a portion of the debt may be forgiven after a certain period of time or after meeting specific criteria.

 	How It Works: Typically, you must meet specific qualifications, such as making timely payments over an extended period or working in a qualifying profession.
 	Pros: Can reduce or eliminate debt for qualifying individuals.
 	Cons: Not all debts qualify for forgiveness, and the process can be lengthy and complex.

Each of these debt relief options comes with its own set of pros and cons, and the best option for you will depend on your unique financial situation. Seek professional advice before making any decisions to ensure you are choosing the solution that will provide the most benefit to your financial future.



If you are struggling with debt and need expert legal guidance, Richard West is here to help. Contact Richard West today for a free consultation with a Springboro bankruptcy lawyer.

Source:

[1] Ohioans doing better than other states in not adding personal debt. (n.d.). Mahoning Matter. https://www.mahoningmatters.com/news/local/article285176012.html

### Can IRS Debt be Discharged in Chapter 7?

IRS Debt and Chapter 7 Bankruptcy
The burden of IRS debt can be daunting. Chapter 7 bankruptcy can provide relief. It is often viewed as a fresh start for individuals overwhelmed by financial burdens, but many wonder if IRS debt can be discharged in this process.
Understanding IRS Debt
IRS debt for individuals generally comes down to income tax debt and associated penalties and interest.

 	Income Tax Debt: This is the most common type of tax liability individuals face. It arises from unpaid federal or state income taxes and may be eligible for discharge under certain conditions.
 	Penalties and Interest: Debtors may also owe penalties and interest. While some penalties may be dischargeable, interest typically remains non-dischargeable.

Some tax debts may be eligible for discharge under Chapter 7, while others may not be, depending on various factors. This differentiation will play a significant role in determining your options moving forward.


Dischargeable vs. Non-Dischargeable Tax Debt
When considering Chapter 7 bankruptcy, it’s important to differentiate between dischargeable and non-dischargeable debts, particularly when it comes to IRS obligations. Here’s a breakdown:

 	Dischargeable Debt: This refers to debts that can be eliminated through bankruptcy. In the context of IRS debt, certain income tax debts may be discharged if they meet specific criteria, such as being at least three years old, properly filed, and not associated with fraud.
 	Non-dischargeable debt: These debts cannot be eliminated through bankruptcy and must still be paid after bankruptcy. Examples include tax debts such as payroll taxes and trust fund recovery penalties.

Criteria for Discharging IRS Debt in Chapter 7
Discharging IRS debt in Chapter 7 bankruptcy isn’t automatic; several specific criteria must be met. Here is a table that shows the key factors that determine whether IRS debt can be discharged:
   


Rule
Description
Example


Age of the Tax Debt (3-Year Rule)
The tax debt must be for a return due at least 3 years ago from the bankruptcy filing date, including extensions.
If filing for bankruptcy in 2024, taxes due in 2020 (due by April 2021) can be discharged.


Filing of Tax Returns (2-Year Rule)
The tax return must be filed at least 2 years before the bankruptcy filing date. This is based on the actual filing date.
Taxes due in 2020 must have been filed by 2022 to be discharged in bankruptcy filed in 2024.


No Fraud or Willful Evasion (No Fraud Rule)
Taxes cannot be from fraudulent returns or intentional evasion. Fraudulent actions, like underreporting income, prevent discharge.
John accidentally underreports his income by $5,000, but since it was unintentional, he avoids fraud penalties under the "No Fraud Rule."


Assessment of the Tax Debt (240-Day Rule)
The IRS must assess the debt at least 240 days before the bankruptcy filing. Delays from prior bankruptcies or IRS hold-ups do not count.
If your taxes were assessed on Jan 15, 2023, you can file bankruptcy and discharge the debt after Sept 15, 2023



Exceptions to Dischargeable IRS Debt
While certain IRS debts can be discharged in Chapter 7 bankruptcy, there are specific exceptions where the debt may remain enforceable despite meeting other discharge criteria.

Trust Fund Taxes

 	The IRS may pursue these debts even if you file for bankruptcy, as they are considered trust fund taxes owed to the government.

Tax Liens

 	If the IRS has placed a tax lien on your property, the lien may survive bankruptcy.
 	While the tax debt itself may be discharged, the lien can remain attached to your property, meaning the IRS could still collect if you sell or refinance your home.

Recent Tax Debts

 	Taxes owed for the most recent years (those not meeting the 3-year rule) cannot be discharged.
 	This is because the debt hasn't aged enough to qualify for discharge under the 3-year rule.


Procedure to Discharge IRS Debt in Chapter 7
To successfully discharge IRS debt in Chapter 7 bankruptcy, follow these key steps:
1. File for Chapter 7 Bankruptcy
Consult with a bankruptcy attorney to determine if your IRS debt qualifies for discharge. Complete the required bankruptcy paperwork, including a schedule of assets, liabilities, income, and expenses.
2. Provide Necessary Documentation
Submit your tax returns for the past several years (typically the last 3-4 years) to the bankruptcy court. You may also need to provide IRS tax transcripts to show the status of your tax debts and the dates they were assessed.
3. Attend the 341 Meeting of Creditors
After filing, you'll attend a 341 meeting, where the bankruptcy trustee and creditors (including the IRS) may ask questions about your financial situation. If the IRS is a creditor, they may challenge the discharge of your tax debt if they believe it doesn’t meet the qualifications.
4. Wait for the Discharge
If the IRS debt qualifies for discharge, and there are no objections, the bankruptcy court will issue a discharge order about 3-4 months after filing, eliminating the eligible tax debts.
5. Monitor for Potential IRS Action
If a tax lien exists, it may remain after discharge, though the underlying debt is forgiven. Be aware of any future actions by the IRS regarding liens.



If you're considering filing for Chapter 7 bankruptcy to discharge IRS debt and need help, reach out to Richard West.

Sources:

[1] Bankruptcy Frequently Asked Questions | Internal Revenue Service. (n.d.). https://www.irs.gov/businesses/small-businesses-self-employed/bankruptcy-frequently-asked-questions

[2] 5.17.9 Chapter 7 Bankruptcy (Liquidation) | Internal Revenue Service. (n.d.). https://www.irs.gov/irm/part5/irm_05-017-009

[3] Publication 908 (02/2024), Bankruptcy Tax Guide | Internal Revenue Service. (n.d.). https://www.irs.gov/publications/p908

### What is the Income Limit for Filing Chapter 7?

Understanding Chapter 7 Bankruptcy: What Are the Income Limits?
Are you feeling buried under a mountain of debt and considering whether Chapter 7 bankruptcy could be your path to relief? You are not alone; many Americans face the tough decision of whether to file for bankruptcy. Chapter 7 bankruptcy is designed to provide relief from overwhelming debt, but not everyone qualifies. Your income is a key factor that dictates whether you can take advantage of this fresh start.

Before filing for Chapter 7, it’s essential to know the bankruptcy income limits set by the means test, which assesses your financial situation and determines your eligibility. Misunderstanding these limits could not only delay your process but could also derail your chances of obtaining the relief you seek. In this article, we'll break down what these income restrictions are, how they are calculated, and what steps you need to take to see if Chapter 7 is the right option for you.
Income Eligibility Requirements for Chapter 7 Bankruptcy
Income eligibility requirements for Chapter 7 bankruptcy petitions are determined by the means test, which evaluates your income relative to the median income for your state. To qualify, your monthly income must fall below the median income threshold after accounting for necessary expenses, such as housing, transportation, and utilities.

If your annualized income exceeds this median income level, you might still qualify by passing a secondary means test that evaluates disposable income after deducting allowable expenses.

It is essential to ensure that only those who genuinely cannot afford to repay their debts can access the benefits of Chapter 7 bankruptcy, which allows for the discharge of unsecured debts like credit card debt and medical debt, while also providing a measure of scrutiny to prevent abuse of the bankruptcy system.

Even individuals with substantial regular income may qualify by demonstrating that their monthly disposable income is low due to necessary living expenses. Exceeding income limits does not prevent filing for Chapter 7 but may affect eligibility for discharge.

Therefore, anyone considering the Chapter 7 bankruptcy option should assess their income and expenses thoroughly, possibly with the help of an experienced bankruptcy attorney's legal advice.

Key Considerations:

 	Compare income against the state median for household size.
 	Deduct allowable expenses to determine disposable income.
 	Consult a bankruptcy attorney for personalized guidance.


What is The Chapter 7 Bankruptcy Means Test?
The Chapter 7 means test assesses a debtor's eligibility for bankruptcy. If they fail, they can only file for Chapter 13, which involves a structured repayment plan lasting 3 to 5 years. The test checks for potential abuse of the system, ensuring debtors aren't filing for Chapter 7 when they could repay some debts. It primarily evaluates the debtor's ability to pay creditors. [1]

The means test has two steps:

1. Is the debtor's monthly income above the median for their state?

The Census Bureau updates the median income for states annually. If the debtor's average monthly income over the last 6 months, excluding the filing month, is below the state's median, they automatically pass the means test.

However, if the debtor has income higher than the median income, the debtor will have to go to step 2 of the means test.

2. To determine eligibility, subtract the debtor's allowable expenses from their current monthly income. Multiply the resulting difference by 60 months. The outcome will dictate the following:

 	If the total is greater than or equal to an annual income of $12,850,000, the debtor must file for Chapter 13 bankruptcy.
 	If the total exceeds 25% of the unsecured debt, the debtor is also required to file for Chapter 13 bankruptcy.
 	If the total is less than or equal to 25% of the unsecured debt, the debtor has the option to file for either Chapter 7 or Chapter 13 bankruptcy.
 	If the total is less than or equal to $7,700,000, the debtor again has the choice between Chapter 7 and Chapter 13 bankruptcy.

To pass step 2 of the means test, the debtor must record expenses like food, clothing, healthcare, housing, utilities, and transportation. Some deductions can increase if they demonstrate actual, reasonable, and necessary expenses.

Filing for Chapter 7 bankruptcy relief requires you to complete all sections of Bankruptcy Form 122:

Official Form 122A-1
Official Form 122A-1Supp (Statement of Exemption from Presumption of Abuse Under § 707(b)(2))
Official Form 122A-2 (Chapter 7 Means Test Calculation) (collectively the “122A Forms”)


How to Find the Median Household Income of Your State
To find the median household income of your state, you can start by visiting the U.S. Census Bureau's website, which provides comprehensive income data collected through the American Community Survey. Navigate to their "Data" section, where you can access state-level statistics, including household income figures.
Failing the Means Test
If you fail the means test for Chapter 7 bankruptcy, you cannot file under this chapter. Instead, consider Chapter 13, which allows you to create a repayment plan over a 3 to 5-year time period. This option is ideal if you want to retain assets like a home or car while restructuring debts.

Consulting with an experienced bankruptcy attorney can help you find alternative solutions tailored to your financial circumstances.
Current Monthly Income vs. Household Expenses
Your current monthly income vs. your household expenses is examined when evaluating eligibility for Chapter 7 bankruptcy. The current monthly income is the average income received over the six months before filing, excluding social security and certain crime-related payments. This figure also considers all regular contributions from non-debtors within the household.

Household expenses, or allowable expenses, include necessities such as healthcare, housing, food, personal care, and transportation costs. These expenses are subtracted from the current income to calculate disposable income. If a debtor's disposable income exceeds 25% of their unsecured debts over five years, the presumption of abuse arises, requiring justification for Chapter 7 eligibility.


Exemptions for Service Members
Service members such as disabled veterans, National Guard personnel, and reservists have specific exemptions in Chapter 7 bankruptcy. Disabled veterans with a disability rating of at least 30% and discharged due to that disability are exempt from the means test if they incurred most debts while serving in homeland defense or active duty. [2]

National Guard and reservists called to active duty can also bypass the means test for 540 days following service of at least 90 days, a benefit extended by the National Guard and Reservists Debt Relief Extension Act of 2023. Additionally, compensation related to service is excluded from income considerations for bankruptcy filings. [3]

The HAVEN Act provides further relief, enabling eligible veterans and service members to exclude compensations like payments to victims of the war and Benefits received under the Social Security Act, from the means test. [4]

If you are struggling with debt, explore your Chapter 7 bankruptcy options with Richard West by booking a free consultation.

Sources:

[1] Means test. (n.d.). LII / Legal Information Institute. https://www.law.cornell.edu/wex/means_test

[2] The Means Test & Legal Eligibility for Chapter 7 Bankruptcy. (2024, October 18). Justia. https://www.justia.com/bankruptcy/chapter-7/means-test/

[3] National Guard and Reservists Debt Relief. (n.d.). https://www2.mssb.uscourts.gov/RoboHelp/ECF_Docketing_Guide/Miscellaneous/National_Guard_and_Reservists_Debt_Relief.htm

[4] Twomey, T., Klinger, L., National Consumer Bankruptcy Rights Center (NCBRC), National Consumer Law Center (NCLC), Veterans Legal Services, American Bankruptcy Institute Veterans Affairs Task Force, Bender, J., Stanger, K. M., Shank, E., Rao, J., & Boltz, E. (2019). GUIDE TO THE HAVEN ACT. https://www.nclc.org/wp-content/uploads/2022/08/haven-act-guide-nov2019-1.pdf

### Should I Pay My Debts With My Retirement Savings?

Paying Debts With Retirement Funds
Many people face the tough decision of using their retirement savings to pay off debts. The average debt an American owes is $104,215 across mortgage loans, home equity lines of credit, auto loans, credit card debt, student loan debt, and other debts like personal loans. [1]

While paying off high-interest debt can offer immediate relief, tapping into retirement funds can have long-term consequences, such as penalties, taxes, and reduced savings for the future.

Deciding whether to repay debt with retirement savings is challenging, and carefully weighing the pros and cons is important. In this blog, we'll explore the risks and benefits of using retirement savings for debt and consider alternative options for managing debt without jeopardizing your financial future.
The Pros and Cons of Paying Debts With Retirement Savings
When considering whether to use your retirement savings to pay off debt, weigh both the potential benefits and significant risks involved.
Pros

 	Debt Reduction: Paying off high-interest debt, such as credit cards, can provide immediate relief by reducing financial stress. Eliminating debt means you're no longer burdened with expensive interest charges, potentially saving you money in the long run.
 	Improved Cash Flow: Without monthly debt payments, you free up more of your income for other expenses, savings, or investments. This extra cash flow can help improve your overall financial situation and give you more flexibility to plan for future goals.

Cons

 	Loss of Future Growth: Withdrawing from retirement accounts means sacrificing the potential growth of your investments. The money you take out won’t benefit from compounding returns, which could significantly impact your retirement savings over time.
 	Risk of Inadequate Retirement Savings: Using retirement savings to pay off debt can leave you with less money for the future. If you drain your retirement funds now, you might not have enough saved to support yourself in retirement, potentially forcing you to work longer or adjust your lifestyle.
 	Potential Financial Stress: While paying off debt might offer temporary relief, using retirement funds to do so doesn't address the root cause of your financial difficulties. Without a long-term strategy to rebuild savings and avoid further debt, you may find yourself back in the same position later, but with fewer resources for the future.

While paying off debt with retirement savings may seem like a solution, it’s critical to consider the long-term consequences that could jeopardize your future financial security.


Types of Debts to Consider
Not all debts are created equal, and the type of debt you’re facing can significantly impact whether using your retirement savings is a good idea. In this section, we’ll look at different types of debt and how each might influence your decision.
High-Interest Debt (e.g., Credit Cards)
Using retirement funds to pay off high-interest debt is a risky move that can harm your long-term financial security. While it may provide short-term relief, withdrawing from retirement accounts means losing out on future growth through compound interest, which could be more valuable than the immediate debt reduction.

Early withdrawals come with penalties and taxes, diminishing the available funds. By depleting retirement savings, you jeopardize your financial security in the future, especially when you no longer have a paycheck.
Low-Interest Debt (e.g., Mortgages or Student Loans)
For debts with lower interest rates, such as a mortgage or student loan, it might not make sense to deplete retirement funds. These debts are often easier to manage over time, and the interest you pay may be far less than what you could earn by keeping your money invested for retirement.
Medical or Emergency Debts
Unexpected medical expenses or other emergency debts can be overwhelming, and while using retirement savings might provide immediate relief, it’s important to consider the long-term impact. Tapping into retirement funds can solve an urgent need, but it also depletes your future financial security, reducing the potential growth of your savings.

Carefully assess all options, such as exploring payment plans, insurance coverage, or short-term loans, before draining your retirement account. While it may seem like a quick solution, using retirement funds should be a last resort to avoid jeopardizing your future financial well-being.


What Are the Tax Consequences and Penalties of Using Retirement Savings to Pay Off Debt?
Early withdrawals from retirement accounts like a 401(k) or IRA can trigger taxes and penalties. This means you could lose a portion of the withdrawn amount to taxes, reducing the overall benefit of using retirement funds to pay down debt.

 	401(k) Plans: Withdrawing funds from a 401(k) before age 59½ typically results in a 10% early withdrawal penalty, along with income tax on the amount withdrawn. [2] Some 401(k) plans may offer loan options, which allow you to borrow against your savings without facing penalties, though you’ll need to repay the loan within a set period.
 	IRAs: Traditional IRA withdrawals before age 59½ are also subject to a 10% penalty in addition to regular income tax. [3] Roth IRAs are a bit different – while contributions can be withdrawn penalty-free, earnings are subject to penalties and taxes if taken out early, unless certain conditions are met (such as using the funds for a first home or education).
 	Other Retirement Accounts: Other accounts, such as pensions or 403(b) plans, may have specific rules regarding early withdrawals. Understanding these rules will be necessary to avoid costly penalties or tax implications.

Scenario
Let's say you're 45 years old, and you decide to withdraw $10,000 from your 401(k) to pay off some debt.

1. Early Withdrawal Penalty: Since you're under 59½, you would face a 10% early withdrawal penalty. So, $10,000 * 10% = $1,000 penalty.

2. Income Taxes: The $10,000 you withdraw will also be treated as income and taxed at your ordinary income tax rate. For example, if your tax rate is 22%, you'd owe $10,000 * 22% = $2,200 in federal income taxes.
Total Impact

 	Penalty: $1,000
 	Taxes: $2,200
 	Total Deductions: $3,200

So, from the original $10,000 withdrawal, you would only receive $6,800 after the 10% penalty and income tax are deducted.

If you had waited until age 59½, you would not face the 10% penalty, but you would still owe regular income taxes on the withdrawn amount. This example demonstrates how early withdrawals can significantly reduce the benefit of using retirement funds, as you lose a portion of the money to taxes and penalties.
Exceptions
Although withdrawals from a 401(k) or traditional IRA before age 59½ typically incur a 10% penalty, exceptions exist where the penalty can be waived for "immediate and heavy financial need." These include:

 	Medical expenses exceeding a percentage of your income
 	Costs for purchasing a principal residence
 	Tuition and educational expenses
 	Payments to prevent eviction or foreclosure
 	Burial or funeral expenses
 	Home repairs due to disaster damage

In these cases, the 10% penalty may be waived, though income taxes may still apply.


Alternatives to Using Retirement Savings
Before dipping into your retirement savings, it's worth exploring other options that could help you pay off debt without compromising your future financial security. Here are some alternatives to consider:

 	Refinancing or Consolidating High-Interest Debt: Refinancing your credit cards or consolidating loans can help lower your interest rates and simplify your debt payments. This can reduce the overall amount you pay in interest, making it easier to manage your debt without touching your retirement funds.
 	Personal Loans: If you have good credit, you may be able to qualify for a personal loan with a lower interest rate than your current debt. This could help you pay off high-interest debts faster while preserving your retirement savings.
 	Home Equity Loans or Lines of Credit (HELOCs): If you own a home, tapping into its equity through a home equity loan or HELOC can provide you with a relatively low-interest option for debt repayment. However, this comes with a risk - using your home as collateral.
 	Credit Counseling or Debt Management Plans:If you're struggling to manage debt on your own, credit counseling services can help. A professional counselor may be able to assist you in negotiating lower interest rates with creditors or setting up a manageable debt repayment plan.
 	Bankruptcy: In necessary cases, filing for bankruptcy can offer relief from overwhelming debt. While this option should be considered one of the last reports due to its long-term impact on your credit, it can eliminate or restructure most types of debt, allowing you to start fresh without draining your retirement savings.

When It Might Make Sense to Use Retirement Savings
While withdrawing from retirement savings should generally be a last resort, there are situations where it may be a viable option.

If you’re overwhelmed by high-interest debt, such as credit cards, and can’t keep up with the growing payments, using retirement funds might offer immediate relief, as the interest on these debts can surpass the potential long-term growth of your savings.

If you’re nearing retirement and your debt is causing significant stress, tapping into your retirement funds to pay it off could help ease the transition and free up cash flow. Finally, if other options, like loan consolidation or refinancing, have been exhausted, using retirement savings may be necessary to avoid bankruptcy or further financial hardship.



If you are overwhelmed by debt, Richard West can help you understand your rights and guide you toward a solution that protects your retirement. Contact Richard West today.

Sources:

[1] Shelly Hoffman. (2022). Oregon State Risk Management Report. https://www.oregon.gov/das/Risk/Documents/Oregon_State_Risk_Management_Report_2022.pdf

[2] Boyte-White, C. (2024, June 4). How to Calculate Early Withdrawal Penalties on a 401(k) Account. Investopedia. https://www.investopedia.com/articles/personal-finance/082515/how-do-you-calculate-penalties-401k-early-withdrawal.asp

[3] Retirement plans FAQs regarding IRAs distributions (withdrawals) | Internal Revenue Service. (n.d.). https://www.irs.gov/retirement-plans/retirement-plans-faqs-regarding-iras-distributions-withdrawals

### Can You File Chapter 13 After You File Chapter 7?

Is It Possible to File Chapter 13 After Filing Chapter 7?
If you've recently filed for Chapter 7 bankruptcy (which liquidates assets to discharge unsecured debts) and received a discharge, you might find yourself wondering whether filing for Chapter 13 (which involves a repayment plan) is a possibility if your financial struggles aren't completely behind you.

In some cases, Chapter 7 bankruptcy may not be enough to address all your debts, and you might need to explore other options to regain control of your finances.

So, can you file Chapter 13 after Chapter 7 as per bankruptcy law in the US? The short answer is yes, but there are important rules and waiting periods to understand before moving forward.

In 2023, there were 182,630 Chapter 13 bankruptcy filings by debtors in the United States. [1]
Eligibility for Filing Chapter 13 After Chapter 7
Filing for Chapter 13 bankruptcy after Chapter 7 is possible, but there are specific eligibility requirements and timing rules that you must meet. Here's a breakdown of what you need to know:
Mandatory Waiting Period
The primary rule is the waiting period between filing for Chapter 7 and Chapter 13 bankruptcy. You must wait at least 4 years after receiving a Chapter 7 discharge before you can file for Chapter 13.

Alternatively, if you previously filed for Chapter 13 and are now considering Chapter 7, you typically must wait six years before you can file for a new bankruptcy case

This waiting period prevents individuals from using Chapter 7 to quickly eliminate their debts, only to reorganize their remaining debts under Chapter 13 shortly after. It ensures that bankruptcy is not being abused to avoid paying certain creditors repeatedly.



Exceptions to the Waiting Period

While the standard waiting period is 4 years, there are some situations where the waiting period can be reduced or waived:

 	 Dismissal of Chapter 7 Case:  If your Chapter 7 case was dismissed rather than discharged, the waiting period may be shortened, depending on the reason for the dismissal. For example, if your Chapter 7 was dismissed for technical reasons (like failure to file required documents), the waiting period for Chapter 13 might be shorter than the standard 4 years.
 	 Previous Chapter 13 Filing:  If you previously filed for Chapter 13 bankruptcy and completed a repayment plan, you might be able to file a new Chapter 13 case after just 2 years instead of waiting the full 4 years after a Chapter 7 discharge. This is a less common exception but worth considering if you have experience with a Chapter 13 case.

Good Faith Filing
When filing for Chapter 13 after Chapter 7, you must demonstrate that your filing is made in good faith and not for the sole purpose of evading debt repayment. If the court believes you are abusing the bankruptcy system, they can dismiss your case.
Discharge Impact
If you were granted a Chapter 7 discharge, any debts discharged in that case generally cannot be included in your Chapter 13 repayment plan. However, Chapter 13 can help with debts that weren't discharged in Chapter 7 (like certain taxes, child support, or alimony), and it can also assist in catching up on mortgage arrears or car payments.

Filing Chapter 13 after Chapter 7 is an option, but it comes with timing rules, eligibility criteria, and some important exceptions.

The 4-year waiting period is the key rule to be aware of, but if you're dealing with debts that weren't eliminated in Chapter 7 or have missed mortgage payments, Chapter 13 could provide the financial relief you need.


Benefits of Filing Chapter 13 After Chapter 7
Filing Chapter 13 after Chapter 7 offers advantages like:

 	Debt Restructuring: Chapter 13 allows you to reorganize and repay unsecured debts (like credit cards and medical bills) and catch up on missed mortgage or car payments.
 	Asset Protection: Unlike Chapter 7, Chapter 13 lets you keep your assets (such as a home or car) that might otherwise be liquidated.
 	Extended Repayment Time: You get 3 to 5 years to pay off debts, making monthly payments more manageable.
 	Improved Credit: As you make regular payments under the Chapter 13 plan, it can help rebuild your credit over time.
 	Automatic Stay: A Chapter 13 bankruptcy triggers an automatic stay, stopping foreclosure, garnishments, and collection actions immediately.


Consequences of Filing Chapter 13 After Chapter 7
While Chapter 13 can provide significant relief, it also comes with challenges, such as long repayment periods, ongoing financial monitoring, and potential impacts on your credit. Here's what you need to consider before moving forward.

 	 Long Repayment Period:  Chapter 13 plans last 3 to 5 years, requiring consistent monthly payments, which can be a financial strain.
 	 Ongoing Financial Monitoring:  You’ll be under strict supervision, with regular updates to the court and trustee about your finances.
 	 Credit Impact:  While less severe than Chapter 7, a Chapter 13 filing will still stay on your credit report for 7 years.
 	 Dismissal Risk:  If you fail to make the required payments, your case may be dismissed, and you may lose the protection of bankruptcy.
 	 Eligibility Requirements:  You must meet income and debt thresholds, or you may not qualify for Chapter 13.


Challenges and Considerations
Filing Chapter 13 after Chapter 7 can be helpful, but there are several key challenges to consider:
New Debt During or After Chapter 7

 	Managing New Debt:  If new debt has accumulated after your Chapter 7 discharge, Chapter 13 can help reorganize and repay it. However, debt incurred after the Chapter 13 filing is typically excluded from the repayment plan.

Eligibility Requirements

 	Income and Debt Limits:

Any individual, even if self-employed or operating an unincorporated business, is eligible for Chapter 13 relief as long as the individual's combined total secured and unsecured debts are less than $2,750,000 as of the date of filing for bankruptcy relief. 11 U.S.C. § 109(e). [2]

 	Good Faith Filing:The court must see that your filing is made in good faith and that the repayment plan is reasonable.

Financial Discipline

 	Staying on Track: Chapter 13 requires consistent payments over 3 to 5 years. Missing payments or failing to stick to the plan can lead to case dismissal, so financial discipline and communication with your trustee are critical.

Credit Score Impact
Both Chapter 7 and Chapter 13 will initially lower your credit score. Chapter 7 tends to have a larger short-term impact, but both will stay on your credit report—Chapter 7 for 10 years and Chapter 13 for 7 years.
Rebuilding Credit

 	Timeline: Credit recovery can begin within 1-2 years after completing Chapter 13, especially with consistent on-time payments and responsible credit use.
 	Improvement Strategies:


 	Make on-time payments under Chapter 13.
 	Use secured credit cards or small credit accounts to rebuild your credit.
 	Monitor your credit report regularly for accuracy.



Filing Chapter 13 after Chapter 7 can help manage debt and protect assets, but requires meeting eligibility criteria and financial discipline. While bankruptcy impacts your credit, rebuilding is achievable with patience and smart financial habits.

Contact Richard West today for a free consultation to start rebuilding your financial future.

Sources:

[1] Statista. (n.d.). Statista - The Statistics Portal. https://www.statista.com/

[2] Chapter 13 - Bankruptcy Basics. (n.d.-b). United States Courts. https://www.uscourts.gov/services-forms/bankruptcy/bankruptcy-basics/chapter-13-bankruptcy-basics

### Can Tax Debt be Discharged in Chapter 13?

Tax Debt and Chapter 13
If you're dealing with overwhelming tax debt, you may be wondering if filing for Chapter 13 bankruptcy can offer relief. While tax debt is often tricky to manage, this form of bankruptcy provides a potential pathway to get back on track.

Chapter 13 Bankruptcies in the United States in 2023 were recorded for 182,630 non-business and 1,326 business bankruptcies. [1]

However, not all tax debts are eligible for discharge under Chapter 13, and understanding the specific conditions that apply is fundamental. In this post, we'll explore whether tax debt can be discharged in Chapter 13 bankruptcy, what qualifies, and how you can use this process to your advantage.


Can Tax Debt be Discharged in Chapter 13?
The short answer is yes, but with certain conditions. Not all tax debts are dischargeable in Chapter 13, and there are specific rules governing when and how they can be eliminated. Generally, income tax debts may be discharged if they meet certain criteria, including:

 	The Tax Debt is Income Tax:  Only income taxes, and not payroll or fraudulent tax debts, are eligible for discharge.
 	The Tax Returns Were Filed on Time:  The taxes must be associated with returns that were filed on time or within a certain period before filing for bankruptcy.
 	The Tax Debt is Old Enough:  The tax debt must be at least three years old from the date the tax return was due (including extensions).
 	The Tax Debt is Not Subject to Fraud or Willful Evasion:  If the IRS deems that the tax debt was incurred due to fraud or intentional evasion, it will not be dischargeable.

By meeting these requirements, you may be able to eliminate a significant portion of your tax debt through Chapter 13 bankruptcy, giving you a chance to recover financially.


How to Discharge Tax Debt in Chapter 13 Bankruptcy
Discharging tax debt in Chapter 13 requires careful planning and understanding of both the bankruptcy and tax laws. Here are the key steps to help you discharge tax debt through a Chapter 13 filing:
File for Chapter 13 Bankruptcy
To begin the process, you must file for Chapter 13 bankruptcy with the court. This involves submitting detailed financial information, including your income, expenses, assets, and liabilities. The court will then approve a repayment plan based on your ability to pay.
Determine if Your Tax Debt Qualifies
Not all tax debts can be discharged, so it’s necessary to determine if your tax debts meet the necessary criteria. Generally, income taxes are eligible, provided they meet the following:

 	The taxes are at least three years old.
 	The taxes are not related to fraud or willful evasion.
 	You filed your tax returns on time (or within two years of the bankruptcy filing).

Include Tax Debts in the Repayment Plan
Once you file for Chapter 13, your tax debts are treated as part of your repayment plan. In many cases, you will continue to make monthly payments toward your tax debt during the course of the plan, and the IRS will typically stop further collection actions like garnishments or levies.
Comply with the Bankruptcy Plan
The Chapter 13 repayment plan generally lasts three to five years, during which you must make regular payments toward your debts. To successfully discharge your tax debt, it’s essential to follow the plan and make the required payments. At the end of the repayment period, any remaining eligible tax debt may be discharged, relieving you of the obligation.
Seek Professional Advice
Because tax law can be complex, consult with a bankruptcy lawyer and a tax professional before proceeding with Chapter 13. They can help you understand the specifics of your tax situation and ensure that you’re following all the necessary steps to discharge your tax debt.


What Happens After Your Chapter 13 Plan Ends?
Once your Chapter 13 bankruptcy plan is complete, you’ll have successfully followed a repayment plan for 3 to 5 years. The outcome of your tax debt depends on whether it was discharged or still remains after the plan is complete:
Discharged Tax Debt
If your tax debt was successfully discharged during the bankruptcy process, it will no longer be your responsibility after the plan ends. Any unpaid tax obligations that were eligible for discharge and met the criteria will be eliminated. However, non-dischargeable tax debts, like some recent taxes or fraudulent debts, must still be paid.
Remaining Tax Debts
If some of your tax debt wasn't discharged (e.g., if it didn’t meet the eligibility requirements), you will need to continue paying it according to the terms of the bankruptcy or under the original tax agreement. The court may set up a new payment plan, or you may work directly with the IRS or other creditors to resolve the remaining debt.


End of the Bankruptcy Process
After completing your plan, you’ll receive a discharge order from the court, marking the official end of the Chapter 13 bankruptcy process. This order releases you from most remaining unsecured debts, giving you a fresh financial start.

Remember, the success of your tax debt discharge relies heavily on the eligibility criteria and careful planning throughout your bankruptcy case. Regularly check in with your bankruptcy attorney to make sure everything proceeds smoothly until the end.

Navigating debt in Chapter 13 bankruptcy can be a complex process, but it offers a path to resolve significant financial burdens. While not all tax debts are dischargeable, many can be reduced or eliminated through the structured repayment plan. Understanding the eligibility criteria and working closely with your attorney is key to achieving the best possible outcome.

To explore your options and determine if you qualify for a Chapter 13 bankruptcy, reach out to Richard West.

FAQs

Can all types of tax debt be discharged in Chapter 13?

No, not all tax debts are dischargeable in Chapter 13. Income taxes that meet specific criteria may be discharged, but other taxes like payroll taxes or fraud penalties typically cannot be eliminated.

How does Chapter 13 affect tax debt repayment?

If your tax debt is not dischargeable, Chapter 13 allows you to reorganize your debt into a manageable repayment plan, which can extend up to 5 years. This can help you pay off your taxes over time while preventing penalties and interest from accumulating further.

Can I reduce my tax debt in Chapter 13?

Yes, if the tax debt is dischargeable, it can be reduced or eliminated under Chapter 13. Even if not fully discharged, you may still benefit from reduced payments through the bankruptcy plan.

Can I keep my tax refunds during Chapter 13?

Typically, any tax refunds received during your Chapter 13 repayment plan are considered part of your disposable income and may need to be turned over to the bankruptcy trustee to be applied to your repayment plan.

Will Chapter 13 stop tax liens?

Chapter 13 may prevent further enforcement actions such as wage garnishments or bank levies, but it does not automatically remove tax liens. The lien may remain on your property until the tax debt is paid off.

Should I consult an attorney about my tax debt in Chapter 13?

Yes, consulting an experienced bankruptcy attorney is highly recommended to determine the eligibility of your tax debts and navigate the complexities of Chapter 13 bankruptcy. An attorney can help you create a strategic repayment plan and understand your options.

Sources:

[1] Chapter 13 bankruptcy filings by debtor U.S. 2023 | Statista. (2024, July 5). Statista. https://www.statista.com/statistics/1118195/bankruptcy-filings-us-chapter-13-debtor
[2] Chapter 13 - Bankruptcy Basics. (n.d.). United States Courts. https://www.uscourts.gov/services-forms/bankruptcy/bankruptcy-basics/chapter-13-bankruptcy-basics

### Credit Card Debt and Bankruptcy in Columbus

What Happens to Credit Card Debt When Filing for Bankruptcy in Columbus?
Filing for bankruptcy can be an important decision, particularly for individuals struggling with credit card debt in Columbus. Understanding the implications of bankruptcy on credit card debt is essential for anyone considering this path, as it can provide a fresh start while also influencing future credit opportunities. In this article, we will explore what happens to credit card debt when filing for bankruptcy in Columbus and what you should keep in mind during this process.

As of October 2024, a total of 11,403 bankruptcies were filed in Ohio, including 8,970 Chapter 7 bankruptcies and 2,387 Chapter 13 bankruptcies. [1]
Understanding Credit Card Debt
Credit card debt generally refers to the total outstanding balances that borrowers carry from one month to the next. This form of debt can be beneficial for those looking to make purchases while delaying payment. However, credit card debt comes with some of the highest interest rates in the financial sector. Fortunately, borrowers have the opportunity to pay off their balances each month, which can help them avoid accruing interest over time. [2]

High credit card balances relative to your credit limit can lower your credit score, making it difficult to secure loans or favorable interest rates in the future.


Chapter 7 Bankruptcy and Credit Card Debt in Columbus, Ohio
Chapter 7 bankruptcy is a form of bankruptcy that allows you to eliminate most of your unsecured debts or dischargeable debts, including credit card debt. If you’re struggling with overwhelming credit card bills in Columbus, Ohio, filing Chapter 7 bankruptcy can help you regain financial stability.
How Chapter 7 Bankruptcy Affects Credit Card Debt
Chapter 7 bankruptcy, often referred to as "liquidation bankruptcy," is designed for individuals who cannot repay their debts. During this process, a bankruptcy trustee is appointed to oversee your case, sell non-exempt assets, and distribute the proceeds to creditors.

However, many personal assets may be exempt under Ohio law, allowing individuals to retain essential property. Chapter 7 bankruptcy influences your credit card debt in the following ways:

 	Discharge of Debt:  One of the primary benefits of filing for Chapter 7 bankruptcy is the potential to discharge credit card debts. This means that after the bankruptcy process is complete, you are no longer legally obligated to pay these debts.
 	Immediate Relief: Upon bankruptcy filing, an automatic stay goes into effect. It halts creditor actions, including collection calls and lawsuits, providing you with immediate bankruptcy relief from creditor harassment.
 	Impact on Credit Score: While Chapter 7 bankruptcy can provide a fresh start, it will also negatively impact your credit score. The bankruptcy will remain on your credit report for up to 10 years. However, many individuals find that they can begin to rebuild their credit fairly soon after their debts are discharged.


Chapter 13 Bankruptcy and Credit Card Debt in Columbus, Ohio
Chapter 13 bankruptcy allows individuals with regular income to reorganize and repay their debts over a specified period, usually a three to five-year payment plan. If you're facing mounting debt in Columbus, Ohio, Chapter 13 could be a viable option for regaining control of your financial situation.
How Chapter 13 Bankruptcy Affects Credit Card Debt
Chapter 13 is one of the types of bankruptcy often referred to as "reorganization bankruptcy." It provides a way for individuals to consolidate their debts into a single monthly payment. Unlike Chapter 7, which may lead to the discharge of debts, Chapter 13 requires a repayment plan that outlines how debts will be paid off over time.

Chapter 13 bankruptcy affects your credit card debt in the following ways:

 	Debt Repayment Plan:  Under Chapter 13, you will propose a repayment plan to the court, detailing how you intend to repay your credit card companies. It lasts either three or five years, depending on your income and the amount of debt you have.
 	Discharge of Unsecured Debt: At the end of your repayment period, any remaining unsecured debt, such as credit card debt, may be discharged. It means you will no longer owe any remaining balance on those accounts.
 	Protection from Creditors: Once you file for Chapter 13, an automatic stay goes into effect, which stops creditors from taking collection actions, including lawsuits and garnishments. It provides immediate relief from the stress of creditor harassment.
 	Impact on Credit Score: While Chapter 13 bankruptcy stays on your credit report for seven years, it may have a less negative impact on your score compared to Chapter 7. Successfully completing a repayment plan can demonstrate to future creditors your commitment to repaying debts.


Effects of Bankruptcy on Credit Score in Columbus, Ohio
Bankruptcy can significantly impact your credit score, and the effects are generally similar across the United States, including Columbus, Ohio. Here’s a breakdown of how bankruptcy affects credit scores and what you can expect:
Immediate Effects on Credit Score

 	Credit Score Drop:  Filing for bankruptcy can lead to a significant drop in your credit score, depending on your credit profile prior to filing. The exact impact varies based on factors such as your current credit score and how long you’ve had credit.
 	Public Record:  Bankruptcy is recorded as a public record on your credit report. It can remain for up to 10 years (Chapter 7 bankruptcy) or 7 years (Chapter 13 bankruptcy) from the date of filing.

Long-Term Effects

 	Credit History Impact: The bankruptcy entry will lower the overall length of your credit history, which can negatively influence your score. A longer credit history typically helps improve your score.
 	Credit Mix: Filing bankruptcy usually leads to the closure of credit accounts, which can decrease the diversity of your credit mix, a factor that credit rating models consider.
 	Rebuilding Credit: While it may seem daunting, many individuals can start rebuilding their credit scores soon after bankruptcy. Secured credit cards, credit-builder loans, and responsible use of new credit can help.
 	Future Credit Availability: After a bankruptcy, obtaining new credit can be challenging. Lenders may offer credit, but often with higher interest rates and less favorable terms.

Is it Possible to Keep Credit Cards When You File bankruptcy in Columbus?
In Columbus, existing credit card debts are typically discharged in a Chapter 7 bankruptcy, meaning the borrower is no longer responsible for repaying those debts.

However, if you wish to keep a credit card during bankruptcy, it’s essential to understand your options. You may choose to retain a credit card with a zero balance. This way, you can maintain the account without incurring additional debts. Alternatively, you can request the credit card company to reaffirm the debt. Reaffirmation involves agreeing to continue repaying the debt, which allows you to keep the credit card, but it also means you remain liable for that debt post-bankruptcy.



Contact the Richard West Law Firm to schedule a free consultation with Richard West, a board-certified Ohio bankruptcy lawyer, regarding your Columbus bankruptcy options and credit card debt.

Sources:

[1] Court Statistics | Northern District of Ohio | United States Bankruptcy Court. (n.d.). https://www.ohnb.uscourts.gov/court-info/court-stats

[2] Kagan, J. (2021, December 1). Credit Card Debt: What It Is, How It Works. Investopedia. https://www.investopedia.com/terms/c/credit-card-debt.asp

### Will I Lose My House if I File Chapter 13?

House Ownership and Chapter 13 Bankruptcy
Filing for bankruptcy does not automatically mean that you lose your house. Bankruptcy is designed to help individuals manage their debts while keeping their assets. You can get better payments with your creditors and save your property, including your house, when you file for bankruptcy.

Whether you retain your house in bankruptcy is determined by a number of factors. The foremost is the type of bankruptcy you file. Chapter 13 bankruptcy allows you to set up a repayment plan to catch up on missed mortgage payments, giving you a better chance of keeping your home.

Another important factor is your home equity. This is the difference between how much your house is worth and how much you still owe on it. If your home has a lot of equity, some or all of it might be at risk. Exempt equity is the part of your home’s value you can protect during bankruptcy. This varies by state. In some cases, states allow you to protect the entire value of your home equity, which could make a big difference in retaining your home.

The key to keeping your house is your ability to make mortgage payments. If you cannot make your monthly mortgage payments after filing for bankruptcy, your lender could still foreclose on your home. Even under Chapter 13, where you have the opportunity to catch up on late payments through a repayment plan, you will need to show the court that you have enough income to cover both your current mortgage and any missed payments.


Understanding Chapter 13 Bankruptcy
If you file a Chapter 13 bankruptcy, you can pay your mortgage with a repayment plan and retain your assets.

When you file for Chapter 13, you propose a repayment plan to the court, which typically lasts between three to five years. This plan allows you to catch up on missed mortgage payments and other debts while staying in your home. The key is that your income must be sufficient to meet the repayment obligations under the plan. Here's what generally happens with your mortgage:
Payment of Mortgage Arrears
Arrears are the overdue payments. If you are behind on your mortgage payments, Chapter 13 allows you to pay off the arrears over the duration of the repayment plan. You do not have to pay them all at once. Chapter 13 allows interest-free repayment of arrears.

As long as you keep making your regular mortgage payments in addition to the arrears under the plan, you should be able to keep your home. [1]
Current Mortgage Payments
If you want to keep your house, you will have to stay current on your mortgage payments after filing under Chapter 13. If you fall behind on these, the lender can ask the court for permission to foreclose on your home, even while you are in bankruptcy.


Lien Stripping from Unsecured Loans
The concept of lien stripping comes into play when your property is worth less than the primary loan balance. This can occur if the value of your property drops significantly. Chapter 13 can help you remove the lien from unsecured loans.

The second mortgage is considered an unsecured debt, which could be discharged or wiped out at the end of your bankruptcy. [2]
Automatic Stay on Assets
As soon as you file for Chapter 13 bankruptcy, you get an automatic stay. This prevents the creditors from hounding you for the collection of debts. It also prevents the foreclosure of your house. When you obtain an automatic stay, the mortgage lender has to stop any foreclosure proceedings. This temporary relief lasts for the duration of your repayment plan. Under Chapter 13, this is three to five years.

An automatic stay can give you breathing room by keeping your house, but you must understand that it is not a permanent solution. You must propose a workable repayment plan and then stick to it; otherwise, you risk the automatic stay being lifted. [3]
Homestead Exemption and Protection of Equity
If you do not want to lose your house, you must protect your equity. The homestead exemption law can help protect your equity from creditors. Home equity is calculated as the difference between what you still owe on your house loan and the value of your house.

The amount of equity you protect is called exempt equity. Anything left unprotected is known as nonexempt equity. Under Chapter 13, you must pay this amount as part of your repayment plan. The federal and state laws on homestead exemption let you protect a part or all of your home equity. [4]


What Could Cause You to Lose Your House?
Although Chapter 13 is structured to help you keep your home, there are certain scenarios where you might still lose it. These include:
Failure to Make Plan Payments
Once your repayment plan is approved, you must make all the payments as scheduled. If you default on these payments, your bankruptcy case could be dismissed, which would allow creditors to resume foreclosure actions.
Inadequate Income
If your income is not sufficient to cover both your ongoing mortgage payments and the arrears outlined in the repayment plan, your case may not be approved. Or, even if it is approved initially, you might struggle to keep up with payments later.
Increased Mortgage Payments
If your mortgage has an adjustable rate, your monthly payments could rise during your bankruptcy plan period, making it harder to stay current on payments.
Lender Relief from Stay
If you fail to meet the terms of your mortgage or the repayment plan, your lender can file a motion to lift the automatic stay, allowing them to continue foreclosure proceedings.

Chapter 13 bankruptcy can let you keep your house under certain conditions. If you fail to meet the terms of the repayment plan, your lender can still foreclose on your home. The best course of action is to work with a bankruptcy attorney.



If you are interested in filing for Chapter 13 bankruptcy, contact Richard West today for a free consultation.

FAQs

Can I keep my house if I file for Chapter 13 bankruptcy?

Yes, Chapter 13 helps you keep your house by allowing you to catch up on missed mortgage payments through a repayment plan.

How does a homestead exemption help in bankruptcy?

Depending on state laws, it protects part or all of your home equity from creditors.

What happens if I fall behind on mortgage payments after filing Chapter 13?

If you do not keep up with payments, your lender may request the court to allow foreclosure.

What should I do if I am struggling to make mortgage payments after filing Chapter 13?

Consult with your bankruptcy attorney to explore options like modifying your payment plan or mortgage terms.

Sources:

[1] Can you file bankruptcy and keep your house? (n.d.). Point Blog. https://point.com/blog/can-you-file-bankruptcy-and-keep-your-house

[2] O’Neill, C. (2024, January 30). Getting Rid of Second Mortgages in Chapter 13 Bankruptcy. www.nolo.com. https://www.nolo.com/legal-encyclopedia/rid-second-mortgage-chapter-13-bankruptcy.html

[3] Chapter 13 - Bankruptcy Basics. (n.d.). United States Courts. https://www.uscourts.gov/services-forms/bankruptcy/bankruptcy-basics/chapter-13-bankruptcy-basics

[4] The Homestead Exemption Under Bankruptcy Law. (2023, October 18). Justia. https://www.justia.com/bankruptcy/exemptions/homestead-exemption/

### Wage Garnishment in Columbus

Columbus Wage Garnishment
Wage garnishment can be a stressful and confusing experience. It occurs when a court orders an employer to withhold a portion of your earnings to pay off debts, such as unpaid loans, child support, or taxes. Understanding how wage garnishment works is can protect you if you are facing financial difficulties in Columbus.
What is Wage Garnishment?
Wage garnishment is a legal process in which an employer withholds a portion of an employee's earnings to pay off a debt. This deduction is typically mandated by a court order following a judgment against the debtor.

On average, a garnished worker experiences five months of garnishment, with about 11% of gross earnings remitted to their creditor(s). [1] Wage garnishment can apply to various types of debts, making it an important concept for anyone managing financial obligations.
Common Reasons for Wage Garnishment
Wage garnishment can result from several situations, including:

Unpaid Consumer Debts: This includes credit card debts, personal loans, or medical bills.

Child Support and Alimony: Courts may order garnishment to ensure that child support or spousal support payments are made.

Tax Debts: The IRS or state tax authorities can garnish wages for unpaid taxes.

Student Loans: Federal or private student loan lenders may pursue garnishment if payments are not made.


Ohio Wage Garnishment Laws
In Ohio, wage garnishment is primarily governed by state statutes, which outline the procedures that creditors must follow to obtain a garnishment order. This process typically begins with the creditor filing a lawsuit and obtaining a judgment against you, the debtor.
Federal vs. State Regulations
While federal laws set certain guidelines for wage garnishment, Ohio has its own regulations that may provide additional protections. For example, federal law limits the amount that can be garnished to 25% of disposable earnings or the amount by which weekly disposable earnings exceed 30 times the federal minimum wage, whichever is less. Ohio law mirrors these limits but may offer certain exemptions.
Process of Wage Garnishment in Columbus
Wage garnishment in Columbus follows a structured legal procedure. Understanding each step can help you know what to expect and how to respond if you are faced with garnishment.

1. Judgment Against the Debtor

Before garnishment can occur, a creditor must obtain a judgment against you in court. This typically involves the creditor filing a lawsuit and proving that the debt is valid.

2. Court Order for Garnishment

Once a judgment is granted, the creditor can file a motion for wage garnishment. The court will issue a garnishment order specifying how much of your wages should be withheld.

3. Employer’s Role

Upon receiving the court order, the employer is legally required to comply. They must withhold the specified amount from your paycheck and send it directly to the creditor until the debt is paid off or the court order is lifted.

4. Notification Requirements for Debtors

You must be notified of the garnishment. In Ohio, this notification often comes in the form of a notice sent to you by the creditor or the court detailing the amount being garnished and the reason for it.

5. Opportunity to Respond

You have the right to contest the garnishment. If you believe the garnishment is unjust, you can request a hearing to dispute the creditor’s claims or assert any exemptions you may qualify for.


How Much Can Be Garnished in Columbus, Ohio?
When facing wage garnishment, understanding how much of your earnings can be withheld is critical. The amount that can be garnished from your wages varies based on federal and state laws.
1. Overview of Garnishment Limits
Under federal law, the maximum amount that can be garnished is typically 25% of your disposable earnings. Disposable earnings are what remains after mandatory deductions, such as taxes and Social Security. If your weekly disposable income exceeds 30 times the federal minimum wage, only that excess can be garnished. If the minimum wage is $7.25, the threshold is approximately $217.50 per week.
2. Calculating Disposable Income
To calculate your disposable income, start with your gross earnings and subtract the mandatory deductions. For example, if you earn $1,000 per week and have $200 in mandatory deductions, your disposable income would be $800. From this, you can determine how much could potentially be garnished based on the federal limits.
3. Types of Debts and Their Impact on Garnishment
The type of debt plays a significant role in determining garnishment rates. For example:

Child Support: Typically, higher amounts can be garnished—up to 50% of disposable income if you are supporting another household.

Federal Student Loans: These can also result in up to 15% of your disposable income being garnished.

Credit Card Debt and Medical Bills: Generally subject to the standard 25% limit.


4. Potential for Additional Garnishments
If you have multiple debts being garnished, the total amount taken from your wages cannot exceed federal limits. This can lead to financial strain, as multiple garnishments may collectively take a significant portion of your income. In Ohio, the law prevents the total of all garnishments from exceeding these limits.
Debtor Rights and Protections in Ohio
Facing wage garnishment can be overwhelming, but know that you have rights and protections under both federal and state law. Understanding these rights can empower you to take action and seek relief when necessary.

Right to Be Informed

You have the right to be informed about the garnishment process. Before any wages can be garnished, creditors must provide a court order. This means you should receive notification of the impending garnishment and details regarding the debt, including the amount owed and the creditor's name.

Ability to Contest Garnishment

If you believe the garnishment is unjust or if you dispute the debt, you have the right to contest it. In Ohio, you can file a motion with the court to challenge the garnishment. Valid reasons might include improper notification, the debt being paid, or that the garnishment amount exceeds legal limits.

Exemptions and Protections

Ohio law provides certain exemptions that can protect some of your income from garnishment. For instance:

 	Minimum Wage Protection: Ohio allows debtors to keep a portion of their wages that equals or exceeds the minimum wage, which helps ensure that you can still meet basic living expenses.
 	Public Assistance: Income from social security benefits, unemployment compensation, and certain pensions may be exempt from garnishment.



By being informed of your rights and the protections available to you, you can better navigate the challenges posed by wage garnishment in Columbus. If you find yourself in this situation, contact Richard West to explore your legal options within the context of a free evaluation.

Source:

[1] DeFusco, A., Enriquez, B., & Yellen, M. (2022, December 1). Wage Garnishment in the United States: New Facts from Administrative Payroll Records. https://doi.org/10.3386/w30724

### Protecting Your Assets When Facing Bankruptcy in Ohio

In the year 2023 alone, 21,140 bankruptcies were filed in Ohio. [1] Facing bankruptcy can be one of the most challenging experiences in a person's life. It brings feelings of anxiety and uncertainty, not only about the future but also about the fate of one’s assets. That’s why it’s essential to have a solid strategy in place to safeguard your property while pursuing debt relief.
Ohio Bankruptcy Exemptions - Protecting Your Assets
When facing bankruptcy, one of the most valuable aspects to understand is the concept of exemptions. Exemptions allow you to protect certain assets from being liquidated or seized during the bankruptcy process, enabling you to retain your property.


Ohio Homestead Exemption
The homestead exemption in Ohio allows homeowners to exempt a portion of their home’s equity during bankruptcy proceedings, helping them retain their primary residence. The law that governs home exemptions is the Ohio Rev. Code § 2329.66.

Max Homestead Exemption Amount: $161,375

For eligible homeowners, this exemption protects a set amount of appraised value from liquidation, making it a valuable tool for preserving assets.

The homestead exemption is especially beneficial for seniors, disabled individuals, and military veterans for several key reasons:

Seniors

 	Fixed Incomes:  Many seniors rely on fixed incomes, making it crucial to protect their home equity to avoid financial strain.
 	Health Care Costs:  As medical expenses rise, the exemption allows seniors to preserve funds for necessary care without selling their homes.
 	Stability:  Moving becomes more difficult as people age, and the homestead exemption prevents a senior from needing to move.

Disabled Individuals

 	Higher Living Expenses: Disabled individuals often face increased costs for medical care and assistive devices. The exemption helps protect their financial resources.
 	Housing Security: The homestead exemption ensures disabled individuals maintain a stable living environment.

Military Veterans

 	Service-Related Challenges:  Many veterans experience difficulties due to service-related injuries. The homestead exemption serves as a safety net for them.
 	Family Stability: It supports veterans in providing a secure home for their families during challenging times.


Ohio Motor Vehicle Exemption
In Ohio, individuals facing bankruptcy can exempt up to $4,450 in equity for one vehicle, helping protect essential transportation. (Ohio Rev. Code Ann. 2329.66(A)(2).) If the vehicle is financed, additional requirements must be met to maintain this exemption.
Personal Property Exemptions Ohio
Ohio law provides several personal property exemptions that allow individuals facing bankruptcy to protect essential assets. These exemptions include up to $550 in cash, household goods valued up to $14,875 (with a maximum of $700 per item), and jewelry valued at up to $1,875. Individuals can exempt one burial lot and personal injury awards received within a year before filing, up to $27,950.

There are also provisions for implements, tools, and books related to one’s trade or business, allowing exemptions up to $2,825. Furthermore, 75% of wages are exempt, ensuring that individuals can retain a portion of their income during bankruptcy proceedings.
Ohio Wage and Pension Exemptions
A portion of your income and most of your retirement savings may be exempt from being used to repay debts in bankruptcy. Under Ohio law, a percentage of your disposable income is protected, recognizing that funds necessary for living expenses are essential. The following retirement savings are exempt:

 	IRAs and Roth IRAs
 	Private pension plans
 	401(k) accounts and similar retirement savings

However, not all of your income or savings will be fully exempt. Depending on the chapter of bankruptcy you file, some of your income or available funds may be allocated to a repayment plan.
Miscellaneous Exemptions
Here’s a list of additional exemptions in Ohio:

 	529 Savings Plans
 	Death Benefits from Benevolent Societies
 	Crime Victim's Compensation
 	Disability Assistance
 	Earned Income Tax Credits
 	Child Tax Credits
 	Unemployment Benefits
 	Vocational Rehabilitation Benefits
 	Workers' Compensation Benefits


Strategies for Protecting Assets in Ohio
Effective asset protection during bankruptcy involves several key strategies.
Pre-Bankruptcy Planning

 	Evaluating asset ownership:  Assess what assets you own and their value.
 	 Transferring non-exempt assets:  Safeguard valuable property by transferring non-exempt assets to protect them from creditors.
 	 Establishing trusts: Use trusts to shield assets and provide additional protection.

Utilizing Exemptions Effectively

 	 Maximizing all available exemptions: Take full advantage of all exemptions to protect your assets.
 	Keeping necessary documentation for exemptions:  Maintain records to support your exemption claims during bankruptcy.

Consulting with Legal and Financial Professionals

 	Importance of hiring a bankruptcy attorney:  A knowledgeable bankruptcy attorney can guide you regarding how to preserve your assets best as you file bankruptcy.
 	 Working with a financial advisor to create a strategy:  Collaborate with a financial counselor to develop a comprehensive asset protection plan.


Consequences of Exemption Mistakes in Ohio
Most trustees will likely attempt to resolve any exemption issues informally during the 341 meeting of creditors or through direct communication. The trustee will file a motion with the bankruptcy court if an agreement cannot be reached. Avoid misrepresenting information on your bankruptcy forms, as doing so could be considered bankruptcy fraud, leading to severe penalties.

If you need help with bankruptcy and asset protection in Ohio, contact Richard West today for a free consultation.

FAQs

What Happens to Non-Exempt Property in Ohio Bankruptcy?

If you have property that isn’t exempt, the outcome depends on whether you file for Chapter 7 or Chapter 13. In Chapter 7, the bankruptcy trustee will sell non-exempt assets and distribute the proceeds to creditors. In Chapter 13, you can keep your property by paying the value of the non-exempt items to unsecured creditors as part of your repayment plan.

What Are the Key Differences Between Chapters 7 and 13 Bankruptcy?

Chapter 7 is designed for those unable to repay debts, while Chapter 13 is for individuals who earn too much to qualify for Chapter 7 and require a repayment plan lasting three to five years. A means test is conducted to determine which chapter you can file under. Sometimes, those eligible for Chapter 7 choose Chapter 13 to avoid foreclosure or repossession, allowing them to catch up on missed payments.

How Long Does the Bankruptcy Process Take in Ohio?

Chapter 7 cases typically wrap up within four months, though some may take longer if there are property sales or disputes. Chapter 13 cases generally last between three to five years as debtors work through their repayment plans.

How Long Must I Live in Ohio to Use Its Bankruptcy Exemptions?

To file for bankruptcy in Ohio, you must have lived there for at least 180 days. However, to use Ohio’s exemptions, you need to reside in the state for at least 730 days. If you haven’t lived in one state for two years before filing, you’ll need to apply the exemptions from the state where you lived the longest during the 180 days prior to your filing.

Sources:

[1] The American Bankruptcy Institute. (2024). Bankruptcy Filing Trends in Ohio. https://abi-org.s3.amazonaws.com/Newsroom/State_Filing_Trends/2024/Filing_Trends_Ohio.pdf

[2] Office, U. E. (n.d.-b). U.S. Trustee Program/Dept. of Justice. https://www.justice.gov/ust/eo/bapcpa/20240401/bci_data/median_income_table.htm

### Ohio Bankruptcy Benefits

Bankruptcy in Ohio
Filing for bankruptcy can be accompanied by emotions and uncertainty about the future. However, for many Ohio residents, bankruptcy serves as a lifeline, offering a path to financial recovery and relief from overwhelming debt. Ohio Has the 14th highest bankruptcy rate in the country as of 2021. [1]

Understanding the benefits of filing bankruptcy in Ohio can empower you to make informed choices about your financial future. From immediate relief from creditor actions to the opportunity for a fresh start, the advantages of bankruptcy are worth exploring.
Bankruptcy Benefits in Ohio
The benefits of bankruptcy extend beyond just eliminating debt; they provide you with immediate relief and the opportunity for a fresh start.
Immediate Financial Relief
The most common cause of bankruptcy in Ohio in 2021 was medical debt (58%), followed by credit card debt (24%). [2]

A significant benefit of filing for bankruptcy in Ohio is the immediate financial relief it provides. Once you file for bankruptcy, an automatic stay goes into effect, which halts most collection actions against you. Here’s how this relief can impact your situation:

 	Protection from Creditor Actions: The automatic stay prevents creditors from pursuing collections, including phone calls, letters, and lawsuits. This means you can have peace of mind knowing that you won't face harassment during the bankruptcy process.
 	Foreclosure and Repossession Protection: If you’re at risk of losing your home or vehicle, bankruptcy can help you regain control. Chapter 13 allows you to catch up on missed mortgage or car payments over time, potentially saving your home from foreclosure or your vehicle from repossession.
 	Suspension of Wage Garnishments: If your wages are being garnished due to unpaid debts, filing for bankruptcy can put an end to this practice. The automatic stay will stop garnishments, allowing you to keep more of your income to cover essential living expenses.
 	Relief from Utility Shutoffs: Bankruptcy can also provide temporary relief from utility shutoffs. If you’re struggling to pay your utility bills, you may be able to maintain service while you work through your financial challenges.

This immediate relief can significantly reduce the stress and anxiety associated with financial struggles, giving you the breathing room needed to develop a recovery plan.


Discharge of Debts
One of the primary advantages of filing for bankruptcy in Ohio is the potential to discharge various types of debts. This means that you can legally eliminate certain financial obligations, allowing you to start fresh. Here’s how this benefit works for you:

 	Chapter 7 Discharge: In Chapter 7 bankruptcy, you can discharge most unsecured debts, such as credit card bills, medical expenses, and personal loans. This immediate relief can significantly lighten your financial burden and provide you with the opportunity to rebuild your credit.
 	Chapter 13 Repayment Plan: While Chapter 13 bankruptcy doesn’t discharge debts immediately, it allows you to create a structured repayment plan over three to five years. During this time, you can pay back a portion of your debts, often at reduced amounts. At the end of the repayment period, any remaining eligible debts may be discharged, giving you a clear path forward.
 	Non-Dischargeable Debts: Not all debts can be discharged. For example, student loans, certain tax obligations, and child support are generally non-dischargeable. Understanding which debts can be eliminated is crucial when considering bankruptcy.
 	Impact on Future Financial Planning: Discharging debts through bankruptcy can help you improve your financial health. With fewer obligations, you can allocate more resources toward savings, investments, or other financial goals.

Retention of Assets
Another significant benefit of filing for bankruptcy in Ohio is retaining many of your essential assets while eliminating or restructuring your debts.

Understanding Ohio's exemption laws can help you navigate this process effectively:

 	Ohio Exemptions:  Ohio law allows you to protect certain types of property from being sold to pay creditors. [3] These exemptions include your home (up to a certain value), personal property such as clothing and household goods, a vehicle, and tools necessary for your profession. This means you can often keep your most important possessions even while discharging debts.
 	Homestead Exemption:  Under the homestead exemption, you can protect a significant portion of the equity in your home. [4] This is especially beneficial for homeowners who want to avoid losing their residence during bankruptcy proceedings.
 	Vehicle Exemption:  You can also exempt a certain amount of equity in your vehicle, allowing you to keep your mode of transportation. This is crucial for maintaining your ability to work and fulfill daily responsibilities.
 	Impact on Financial Recovery:  Retaining your assets means you can focus on rebuilding your financial life without the additional burden of losing vital possessions. Keeping your home and vehicle allows you to stabilize your living situation and transportation needs as you work toward recovery.


Improved Credit Opportunities
While filing for bankruptcy may initially seem like a setback for your credit, it can lead to improved credit opportunities in the long run. Here’s how bankruptcy can positively influence your financial future:

 	Fresh Start for Your Credit:  Bankruptcy provides a clean slate by discharging many of your debts. This means that after bankruptcy, you will no longer have those debts negatively impacting your credit score. While bankruptcy itself will remain on your credit report for several years, the elimination of high balances can lead to a gradual improvement in your creditworthiness.
 	Rebuilding Credit:  After filing for bankruptcy, you can begin rebuilding your credit. Many lenders are willing to extend credit to individuals post-bankruptcy, often through secured credit cards or small personal loans. These options can help you establish a positive credit history again, provided you manage them responsibly.
 	Favorable Interest Rates:  Over time, as you demonstrate responsible financial behavior, you may qualify for loans with better interest rates. Rebuilding your credit score can open doors to more favorable lending options, making it easier to secure loans for major purchases like a home or vehicle.
 	Financial Education:  The bankruptcy process often includes credit counseling and financial education, equipping you with the knowledge to manage your finances more effectively. Understanding how to maintain good credit and avoid falling back into debt can be invaluable as you rebuild your financial life.

Bankruptcy can often seem like a challenging option, but understanding its benefits is important for anyone facing financial challenges in Ohio. From immediate financial relief and the discharge of debts to the retention of essential assets and improved credit opportunities, the advantages of bankruptcy are substantial. The emotional and mental health benefits, along with access to financial counseling, can significantly enhance your recovery journey.



By recognizing these pros, you can make informed decisions that pave the way for a brighter financial future. If you’re struggling with overwhelming debt, consider exploring bankruptcy as a viable solution. It may provide you with the fresh start you need to reclaim control over your finances and live a more stable, fulfilling life.

Book a free consultation with bankruptcy lawyer Richard West to understand your options and make empowered financial choices.

Sources:

[1] Personal bankruptcy rate by county U.S. 2021 | Statista. (n.d.). Statista. https://www.statista.com/statistics/1118386/bankruptcy-filings-us-personal-rate-county/

[2] Medical debt relief: A promising tactic, but deeper change needed | Policy Matters Ohio | January 24, 2023. (n.d.). Medical Debt Relief: A Promising Tactic, but Deeper Change Needed | Policy Matters Ohio | January 24, 2023. https://www.policymattersohio.org/blog/2023/01/24/medical-debt-relief-a-promising-tactic-but-deeper-change-needed

[3] Section 2329.66 - Ohio Revised Code | Ohio Laws. (n.d.). https://codes.ohio.gov/ohio-revised-code/section-2329.66

[4] State of Ohio Homestead Exemptions - FAQs | Ohio Senate. (n.d.). Senate. https://ohiosenate.gov/news/the-democratic-standard/state-of-ohio-homestead-exemptions-faqs

### Credit Counseling - What to Expect

Many people in America live have mounting financial pressures. While they pay the bills that keep the lights on and housing in place, they watch interest rates soar and are unable to put a dent in their medical bill payments, credit card debt, and other expensive but not essential bills. Non-profit credit counselors can come to your rescue if you are in this situation.

They can help you create a plan for paying off your debt.

You will gain insight into your financial situation by attending a credit counseling session. It provides an easy-to-understand overview of how to make financial improvements. Talking to someone about money can benefit you, even though it may initially feel awkward. It also brings the satisfaction of knowing you are investing financially in your future.

The steps involved in attending a credit counseling session and enrolling in a debt management plan are outlined below.
Credit Counselors Help You Avoid Bankruptcy
When you are facing money management challenges, a credit counselor can help you manage your debt effectively and get out of a financial crisis. They could outline measures that, if followed, will help you avert eventual bankruptcy.

You could be facing a financial crisis because of loans, such as consumer loans, student loans, or mortgages. You may also have landed into financial instability by overspending, which is very common when you live on credit. Credit counseling can help in all these situations.

The goal of a credit counselor is to develop a plan where your income and expenditure are tracked. This helps you visualize the inflow and outflow of money. The plan contains strategies for paying off the debt, which results in improving your credit score. The credit counselor may guide you toward workshops and other resources for better financial management practices. [1]


What to Expect From a Credit Counseling Session
Credit counseling comprises some steps in which the counselor understands your financial situation to provide solutions aimed at improving your overall financial well-being. [2]
Prepare For the Session
In preparation for your credit counseling session, you should gather all the necessary documentation related to your finances. These are items such as your monthly bills from the past month, recent bank statements, letters of credit from creditors as well as your paychecks. These documents have all the information that is required to create an accurate budget to get you out of your financial troubles.
Initial Consultation
The first step in credit counseling is scheduling a visit with a credit counselor. This is known as initial consultation. Your financial situation, including your income, expenses, and outstanding debts, will be the topic of discussion. The counselor can help you take better financial control by creating a budget plan based on the information you provide.
Financial Analysis
After creating a budget plan, the next step is to examine your situation using financial analysis.

This is done to identify specific areas that require improvement. By examining your income, spending patterns, and debts, the counselor is in a position to provide guidance and recommendations to help you get your finances back on track. This can include tips on how to reduce wasteful spending, increase your savings, or improve your debt management.


Debt Management Plan
The counselor creates a debt management plan to help you gain control of your finances and pay back your best in a consistent and systematic manner. This structured plan will help you make regular payments which will shrink your debt over time. [3]

The goal of a debt management plan is to pay back your debt without making you feel overwhelmed. The credit counselor can help in working out better terms with your creditors so that it becomes easy for you to make payments.

The debt management plan can span a period of years but it will eventually make you debt-free if you stick to it.
Learning About Credit
Credit counseling also involves credit education, where you learn about how credit works. This helps in handling credit wisely, thereby improving credit scores. You can make smart decisions that improve your long-term financial health.

Credit education teaches credit reports, which are records of your borrowing history. It also teaches about credit scores, which show how trustworthy you are with money. You will also learn how your past use of credit affects your chances of borrowing in the future. With this knowledge, you will be able to make smarter choices that can boost your credit score over time.
Follow-up Sessions
The follow-up sessions allow the credit counselor to keep track of your progress and let them know if the plan they made for you needs improvement. The counselor may offer more advice or suggest changes to help you stay on the right path. These follow-up sessions are designed to keep you motivated so that you are making steady improvements in managing your finances.

In each session, your counselor will review your progress and help you in areas where you are struggling. If necessary, they will offer new strategies to help you stay focused on your financial goals.


Benefits of Credit Counseling
Guidance
Credit counseling services are offered by nonprofit agencies. They are invested in the success of their clients. While it may be uncomfortable sharing your financial details and the blunders you have made along the way, you can be assured that a professional credit counselor is not there to judge you. Rather, they create a plan to take you out of the abyss you are currently in and help you move forward without repeating the same mistakes.
Personalized Plan
When you talk to a credit counselor, they create a plan that is based on your income and expenses. Having this plan ensures that you know the areas where you need to save money. This personalized plan can help you make changes to your spending habits so that you can get out of your financial troubles.
Financial Education
Credit counseling companies have a strong focus on educating their clients about better financial management. This way you learn all the tips and tricks to make better spending choices eventually leading to you having a better credit score.
Mental Peace
Instead of struggling with debt and facing bankruptcy, talking to a credit counselor will put you on the track of rectifying your situation. This will ease out the anxiety associated with a financial crisis and bring you peace of mind.

Selecting a counselor with the appropriate training is essential when it comes to managing debt, comprehending credit, and creating budgets.



If you or your loved one need credit counseling, then contact Richard West today.

FAQs

What is credit counseling?

Credit counseling helps people manage their finances, create a plan to pay off debt, and improve their credit score.

Who can benefit from credit counseling?

Anyone facing debt issues or financial troubles can benefit from working with a credit counselor.

What is a debt management plan?

A debt management plan helps you make regular payments to reduce your debt over time, often with lower interest rates and fees.

How does a financial analysis work?

A financial analysis looks at your spending and income to identify ways to improve your financial situation.

Can credit counseling help me improve my credit score?

Yes, credit education teaches you how to manage credit wisely, which can lead to a better credit score.

What documents should I prepare for a credit counseling session?

Bring recent bills, bank statements, pay stubs, and any letters from creditors.

Sources:

[1] Britannica Money. (n.d.). https://www.britannica.com/money/what-is-credit-counseling

[2] Credit counseling: Guiding you to Overcoming Impaired Credit. FasterCapital. (n.d.). https://fastercapital.com/content/Credit-Counseling--Guiding-You-to-Overcoming-Impaired-Credit.html#What-to-Expect-During-Credit-Counseling-

[3] Britannica Money. (n.d.-b). https://www.britannica.com/money/debt-management-program

### Will Filing Chapter 13 Affect my Spouse?

Filing For Chapter 13 Bankruptcy As a Spouse
Managing your money might be challenging at times. It becomes more complicated when you are married and dealing with bills together. Some debts are shared between spouses; others are not. What happens when you fall back on your payments?

One possibility is Chapter 13 bankruptcy. This approach can help you get back on track by creating a three to five-year plan. During this time, you work to repay some or all of the money owed. Chapter 13 differs from Chapter 7 because it allows you to keep your property, such as your home. This happens even if you fall behind on payments.

Only one partner in a marriage is required to file for Chapter 13 bankruptcy. Although it is possible, you do not need to file together. Whether you should file alone or with others depends on your specific circumstances, and it is a good idea to see a bankruptcy lawyer. They can help you decide what is best for your situation.

If only one spouse files for Chapter 13, their filing mentions only their name and social security number and not their partner’s. However, the income of the spouse who does not file must be recorded. This income is used to determine whether the bankruptcy plan will last three or five years. It is also used to determine how much excess money is available, which determines how much the person submitting must repay to creditors. If the couple is separated and no longer living together, the income of non-filing spouse's is not required to be reported. [1]


When Should You File Chapter 13 Bankruptcy Alone?
Separate Debt
You should file alone if you have separate debt under Chapter 13 if you recently got married, or if the majority of your debt was incurred before your wedding. Also, if you and your partner have a prenuptial agreement, it may mean your spouse is not liable for your debts. Also, some states have "community property" legislation. In some places, debt incurred by one partner during the marriage might be shared by both, even if one did not sign for it.
When Your Spouse Does Not Qualify For Chapter 13
If your spouse is not eligible to file for bankruptcy then you will have to file alone. This ineligibility can be because of several reasons: [2]

 	Chapter 13 has certain regulations regarding how much debt you can have, and if your spouse exceeds that amount, they cannot file.
 	Your spouse has non-dischargeable debts, like child support or alimony. These debts must be paid even in bankruptcy, thus having a large amount of non-dischargeable debt can make it more difficult to obtain relief through Chapter 13.
 	Your spouse has already filed for bankruptcy within the last few years. The bankruptcy law puts a cap on how soon a person can file for bankruptcy again.


Spouse Is A Will Beneficiary
It may be wise for you to file for Chapter 13 on your own if your spouse is included in a relative's will as the beneficiary of money or property, and that relative may die within the next five years. In this manner, your spouse's inheritance in the future is safeguarded and stays out of your bankruptcy.
Non-Exempt Assets
In order to protect your spouse's non-exempt assets, you may want to file for Chapter 13. These are the things, such real estate or private investments, that are exclusively theirs. You can protect what is rightfully theirs by keeping their assets apart and preventing them from being included in the bankruptcy process.
Preserving Spouse’s Credit Score
You may want to file independently in order to save your spouse’s good credit score. Bankruptcy has a negative impact on the credit score and if one partner has a good score it makes no sense to ruin it. Maintaining their good credit allows you, as a couple, to make large purchases, such as a house or car, with better loan terms. This manner, your spouse's credit remains a financial weapon you can employ while dealing with your own bankruptcy.


Impact of Chapter 13 on Personal Debt & Joint Debt
When only one spouse files for Chapter 13 bankruptcy, the impact on individual and joint debts is treated differently.
Personal Debt
For personal debts, the spouse who files for Chapter 13 is completely liable for paying them. These are their personal debts, thus the bankruptcy process solely applies to those accounts. Individual debts of the non-filing spouse are unaffected by the bankruptcy, therefore they must continue to manage their own financial obligations.
Joint Debt
The repayment plan must contain the shared debts. If shared debts are included in the repayment plan, it can shield the non-filing spouse from creditors demanding payments. [3]


Impact of Chapter 13 on Tax Refunds
Tax returns are typically remitted to the Trustee in Chapter 13 bankruptcy because any excess income is utilized to pay down debts. However, if just one spouse applies for Chapter 13, joint tax refunds are handled differently. As long as you are not in a community property state, the portion of the return owed to the non-filing spouse does not have to be transferred to the Trustee. In states with community property rules, the full combined tax refund is part of the bankruptcy and must be paid up to the Trustee.

Consult an experienced bankruptcy lawyer at Richard West today to learn what option suits your situation.
FAQs
Will filing Chapter 13 affect my spouse?

If only one spouse files, their individual debts are impacted, but their spouse’s income may be considered in the repayment plan.

Can one spouse file for Chapter 13 without the other?

Yes, one spouse can file alone, but it’s important to consider the circumstances and consult with a lawyer.

When should you file Chapter 13 alone?

If most of your debt existed before marriage, or if you have a prenuptial agreement, filing separately might be better.

What if my spouse is not eligible for Chapter 13?

You may need to file alone if your spouse exceeds debt limits, owes non-dischargeable debts, or recently filed for bankruptcy.

How can filing separately protect my spouse’s assets?

Filing alone can keep your spouse’s nonexempt assets, like property or investments, out of the bankruptcy process.

Can filing Chapter 13 alone protect my spouse’s credit score?

Yes, filing independently can prevent damage to your spouse’s good credit, allowing future large purchases to be made with better terms.

How does Chapter 13 handle individual vs. joint debts?

The filing spouse is responsible for their own debts, but joint debts can be included in the repayment plan to protect both spouses.

What happens to tax refunds in Chapter 13?

In non-community property states, the non-filing spouse’s portion of a joint tax refund does not have to go to the bankruptcy trustee.

Sources:

[1] Chapter 13 - Bankruptcy Basics. (n.d.). United States Courts. https://www.uscourts.gov/services-forms/bankruptcy/bankruptcy-basics/chapter-13-bankruptcy-basics

[2] Who can file for Chapter 13 bankruptcy? - findlaw. (n.d.). https://www.findlaw.com/bankruptcy/chapter-13/who-can-file-for-chapter-13-bankruptcy.html

[3] Morel, A. J. K. (2023, July 26). Can I file Chapter 13 without my spouse? Upsolve. https://upsolve.org/learn/chapter-13-without-spouse/

### How Long Does a Foreclosure Stay on Your Credit Report?

When Does A Foreclosure Appear on Your Credit Report?
Credit reports are usually updated every month based on when your creditors send out their billing statements. If you miss a few mortgage payments, the bank might start the foreclosure process.

This includes declaring the loan as unpaid, filing for foreclosure, and setting up the sale of the home. This process of foreclosure generally kicks off after about four months of missed payments.

Once it begins, it might take a few months before it shows up on your credit history. Depending on when the bank's billing cycle falls, it might pop up just a few days after the home is sold or even take up to a month.

In some places, the foreclosure process can drag on for months or even years, while in others, it moves faster. Usually, the longer the foreclosure takes, the longer it will be before it shows up on your credit report.
Timing of a Foreclosure
Foreclosures do not happen right away. Lenders have to follow a process that takes some time and involves several legal steps that are required by law. Before the foreclosure starts, there is a stage called pre-foreclosure, which is when the borrower begins missing payments. During this time, borrowers get late fees and notices and have a chance to bring their accounts up to date.

After missing three mortgage payments, about 90 days, the pre-foreclosure phase might start. This means the borrower has not paid the loan and is in default. The lender will then send a certified letter to the borrower, telling them that they have 30 days before foreclosure steps begin.

In some places, when this letter is sent, the borrower's name goes on a public list of people facing foreclosure. The time it takes to complete foreclosure varies a lot from state to state.

In some states, the lender must prove the borrower did not pay, which can take months because courts are busy and the process involves a lot of back-and-forth. In other states, foreclosure can be approved in just a few weeks.

Once a home is foreclosed, the people living there are removed, locks are changed, and the home is often put up for sale in a public auction. If nobody buys it at the auction, the property goes back to the lender, who then tries to sell it privately. This is what’s known as real estate-owned (REO) property. [1]


How Does a Foreclosure Affect Your Credit?
Going through a foreclosure is one of the most difficult experiences a person can face. Losing your home is hard enough, but you may also endure the effect of the foreclosure on your credit score.

When a foreclosure happens, your credit score usually drops by at least 100 points, maybe even more. The exact impact really depends on what your score was before the foreclosure. If your credit score was high to begin with, you could see a bigger drop compared to someone who already had a lower score.

For example, if your score was around 680 before the foreclosure, it might drop by 85 to 105 points. But if your score was higher, like 780, you could lose between 140 to 160 points.

Experts say that if you already had late payments on your record, those would have already lowered your score significantly, so the foreclosure might not make as big of a difference in those cases. [2]
How Long Does Will a Foreclosure Stay on a Credit Report?
If you have missed mortgage payments or have already gotten a foreclosure notice, you might wonder how long it will stay on your credit report. A foreclosure stays on your report for up to seven years.

However, this period does not start when the lender begins the foreclosure process. Instead, the seven-year countdown starts from the date of the first missed payment that led to the foreclosure.

So, even though the foreclosure may not show up on your credit report right away, the seven-year period is counted from when you first missed a payment. After seven years from that date, the foreclosure should be automatically taken off your credit report. [3]


The Waiting Period After Foreclosure
After experiencing a foreclosure, there are specific waiting periods before you can qualify for different types of home loans. For a conventional mortgage, you usually need to wait seven years.

On the other hand, if you are looking into USDA or FHA loans, the typical waiting period is three years. For VA loans, you will need to wait between two to three years. If you can demonstrate that your foreclosure was due to a significant hardship like losing your job or dealing with high medical expenses, you might be able to shorten the waiting time.

For conventional loans, this could bring the wait down to three years, while USDA and FHA loans might only require you to wait one year. No matter what, it will likely take some time before you can buy another house. [3]
Short Sales
You might be able to stop a foreclosure with a short sale, where you sell your house for less than the amount you owe, or by giving the property back to the lender through a deed in lieu of foreclosure.

This can keep the foreclosure from showing up on your credit report and might help reduce the time you need to wait before you can apply for a new mortgage. However, do not count on this to fully protect your credit score; the impact on your credit will still be noticeable. [3]


Recovering From A Foreclosure
If the foreclosure process moves forward, your credit score is likely to take a hit, along with the missed payments. This can be tough, but the impact does not have to last forever.
Positive Financial Choices
FICO scores are more influenced by recent financial activity, so while a foreclosure will appear on your credit report for seven years, you can still work on improving your credit over time by making positive financial choices.

Foreclosure does not always happen because of poor money management. Sometimes, life throws unexpected challenges like losing a job or having to pay large medical bills, which can make it difficult to keep up with payments.
Overdue Bills
If you have made some financial mistakes, it is a good idea to take a close look at your finances and see where you can make changes to get back on track. Getting caught up on other overdue bills and fixing any mistakes on your credit report can also help improve your credit score.

Paying your bills on time is one of the best things you can do for your credit. Whether it is for credit cards, a car loan, or student loans, setting up automatic payments can help make sure you do not miss a payment. Keeping your credit card balances low is also important, as using too much of your credit limit can hurt your score.


New Debt
If you have a large balance, think about using a balance transfer card or a debt consolidation loan to help lower it. And while taking on new debt might seem like a quick fix, it can make things harder if you struggle to keep up with your existing payments. It takes time to recover from foreclosure, but with patience and consistent effort, your credit score can improve. [3]

If you want more information about your foreclosure, contact Richard West today.
FAQs
When does a foreclosure show up on your credit report?

Foreclosures usually show up on your credit report a few months after the process starts. Sometimes it happens right after your home gets sold, or it could take a few weeks more.

How soon does a foreclosure hit my credit report?

Typically, after you miss about four months of mortgage payments, the foreclosure process starts.

Does the timeline for foreclosure differ from state to state?

Yes, the time it takes for a foreclosure to happen can vary a lot between states. Some states have longer legal steps that slow down the process, while others are faster, which changes when it shows up on your credit report.

How much will a foreclosure hurt my credit score?

Foreclosures can make your credit score drop by at least 100 points. The exact drop depends on what your score was before the foreclosure. If you had a higher score, the drop could be bigger compared to someone whose score was already lower.

How long does a foreclosure stay on my credit report?

A foreclosure sticks around on your credit report for up to seven years. This period starts from when you first missed a mortgage payment that led to the foreclosure.

Can I make the wait shorter to get a mortgage after foreclosure?

Yes, usually you need to wait seven years to get a regular mortgage after foreclosure. But, you might qualify sooner for USDA, FHA, or VA loans, especially if you can prove that the foreclosure happened due to a serious hardship.

What other options do I have besides foreclosure that might hurt my credit less?

You could try a short sale. This might stop foreclosure from showing up on your credit report, but they can still hurt your credit, just not as much as a foreclosure would.

Is foreclosure always due to poor financial choices?

No, sometimes losing a job or big medical bills that make it tough to keep up with mortgage payments. Even with good money management, these unexpected events can lead to foreclosure.

Will paying my other bills on time help my credit after foreclosure?

Yes, paying your bills on time is one of the best ways to rebuild your credit after a foreclosure. This includes keeping your credit card balances low and handling other debts to show future lenders that you can manage credit responsibly.

Sources:

[1] Akin, J. (2021, February 10). What Is Pre-Foreclosure? Experian. https://www.experian.com/blogs/ask-experian/what-is-a-pre-foreclousure/

[2] Loftsgordon, A. (2023, July 19). Which Is Worse for Your FICO Score: Bankruptcy, Foreclosure, Short Sale, or Loan Modification? www.nolo.com. https://www.nolo.com/legal-encyclopedia/which-is-worse-your-fico-score-bankruptcy-foreclosure-short-sale-loan-modification.html

[3] How Long Does a Foreclosure Stay On Your Credit Report? (n.d.). U.S. News. Retrieved August 16, 2024, from https://money.usnews.com/loans/mortgages/articles/how-a-foreclosure-affects-your-credit-card-report

### When You are Elderly and in Debt in Ohio

Elderly and Owing in Ohio
In the United States, in 2019, just over 6 out of 10 households led by someone 65 years or older had some kind of debt. The typical amount owed by these senior-led homes was around $34,000. [1]

When an elderly person in Ohio passes away with outstanding debt, the responsibility for paying that debt generally does not automatically transfer to their loved ones unless they are co-debtors. Instead, the debt is typically handled through the deceased person's estate during the probate process.
Elderly Debt Collection
Every person, no matter how old they are, is safe from being treated unfairly by debt collectors because of a law called the Fair Debt Collections Practices Act (FDCPA). This law was passed by Congress in 1978. It tells debt collectors what they can and cannot do when trying to get money from people. [2]

Moreover, when a senior sends a "cease and desist" letter to a debt collector, the collector has to stop contacting them. Also, if the senior has a bankruptcy lawyer, the debt collector should only contact the lawyer.


Statute of Limitations
Ohio Revised Code § 2305.07 says that creditors have six years to sue someone for most debts, like credit cards or medical bills. After six years pass, they are not allowed to take the elderly to court to try and get the money back.
Garnishment Limits
The Ohio Revised Code § 2329.66 talks about what things cannot be taken away if someone owes money. For example, if you own a house, up to $125,000 of the home's value is safe. You can also keep household items worth up to $10,775. If you have a car, it is safe too, as long as it is not worth more than $3,225. [3]


Filing for Bankruptcy
Many older adults who are dealing with large amounts of debt find themselves in a tough spot. The pressure and worry can be even worse for those with health issues and rising medical expenses. Instead of continuing to struggle and possibly risking their homes, seniors might want to look into options like debt relief. Filing for bankruptcy could help lower debt and offer a way toward a better future.
Debts That Can be Discharged through Bankruptcy
When seniors file for bankruptcy, there are many debts that can be erased. This means they no longer have to worry about paying back things like hospital bills, credit card balances, and unpaid utility bills.

Bankruptcy was created as a way to help people reset their finances, allowing them to get back on their feet and enjoy life without constantly worrying about bills.
How Can Declaring Bankruptcy Benefit Someone Who is Elderly?
When someone files for bankruptcy, the law requires creditors to stop trying to collect money, which can bring a big sense of relief. Sometimes, filing for bankruptcy can also pause the foreclosure process, giving a person some time to figure things out.

Most of the time, things like retirement savings, pensions, and Social Security benefits stay safe and cannot be taken by creditors. But things can get tricky when it comes to homes, especially for older people who might own their homes without a mortgage and have a lot of value tied up in them.

How much of a home's value can be kept safe during bankruptcy depends on whether it is eligible for the homestead exemption. This protection concerns the home’s equity, which is the market value minus any debt, not the full value of the house or any remaining mortgage.

The most beneficial type of bankruptcy for a senior is usually Chapter 7 bankruptcy. It is sometimes called a "fresh start" option.  It is suitable for people who do not have enough income to cover their basic living expenses. This also includes debts like credit cards, medical bills, and personal loans. The process typically wraps up in just a few months. It can give a senior a clean slate and a chance to rebuild their credit without being weighed down by heavy monthly bills. After completing Chapter 7, most debts are gone.

However, the court might require the selling of some belongings to pay off creditors. But, many times, people can keep their homes and cars as long as they agree to continue making their mortgage or loan payments each month.



If you are an elderly person in Ohio who is in debt and needs debt relief, then contact Richard West today.
FAQs
What protections do elderly individuals in Ohio have against debt collectors?

Older folks in Ohio have some help from the Fair Debt Collections Practices Act (FDCPA) to stop debt collectors from being mean or sneaky. If they send a “stop bothering me” letter, the debt collector must leave them alone. Plus, if they have a lawyer, the debt collector has to talk to the lawyer instead.

How long can a creditor chase a debt in Ohio?

Creditors in Ohio have six years to go after most debts like credit card or doctor bills. After that, they cannot drag seniors to court to get the money.

What is Chapter 7 bankruptcy, and how can it help elderly individuals?

Chapter 7 bankruptcy, sometimes called a “clean slate,” is for people who cannot cover their living costs and debts. It often clears most debts quickly, but some personal items might have to be sold to pay off creditors.

Can Social Security benefits be taken by creditors if I declare bankruptcy?

Usually, Social Security benefits are protected from creditors in bankruptcy. But it is smart to talk to a lawyer to know exactly how it applies to you.

Sources:

[1] Get the Facts on Economic Security for Seniors. (2024, June 1). https://www.ncoa.org/article/get-the-facts-on-economic-security-for-seniors/

[2] Milliken, M. (2023, April 28). Elderly Debt Collection Laws. InCharge Debt Solutions. https://www.incharge.org/debt-relief/credit-counseling/bad-credit/collection-laws-for-seniors/

[3] 2006 Ohio Revised Code - 2329.66. Exempted interests and rights. (n.d.-b). Justia Law. https://law.justia.com/codes/ohio/2006/orc/jd_232966-5a95.html

### The Ultimate Guide to Foreclosure

When a homeowner falls behind on their mortgage payments, the lender may initiate the foreclosure process. Foreclosure is a legal process through which a lender repossesses a home or property when the owner fails to make their mortgage payments. This typically involves legal action and can vary depending on the specific laws and regulations of the jurisdiction. Once the process is initiated, the lender begins to repossess the property with the intention of selling it to recover the unpaid debt.
Types of Foreclosures (Judicial vs. Non-Judicial)
There are two common types of foreclosures: judicial foreclosure and non-judicial foreclosure. The main difference between the two lies in the process of foreclosure auctions.

Judicial foreclosure involves a legal proceeding initiated by the lender, requiring the involvement of the court system. The lender files a complaint against the borrower, and the court reviews the case to determine if foreclosure is justified. If the court decides in favor of the lender, the property is auctioned off as a part of the foreclosure process.

On the other hand, non-judicial foreclosure does not require the intervention of the court system. Instead, it follows a specific procedure outlined in the mortgage or deed of trust. Non-judicial foreclosure is commonly used in states that allow power-of-sale clauses in their mortgage agreements. These clauses give the lender the authority to sell the property without going through the court system.

Non-judicial foreclosures have specific timelines and notices that must be given to the borrower before the auction. These requirements, which vary by state, usually involve a notice of default and a notice of sale. Failing to meet these can make the foreclosure invalid.


Common Reasons Why Homeowners Face Foreclosure
There are several common reasons why homeowners face foreclosure. One of the main reasons is job loss or unemployment. When homeowners lose their jobs and struggle to find new employment, it becomes difficult for them to keep up with their mortgage payments. This can lead to missed payments and eventually foreclosure.

Another common reason is a decline in property value. If the value of a homeowner's property significantly decreases, it can make it difficult for them to sell their home if they are facing financial hardships. This can result in an inability to refinance or sell the property for an amount that would cover the outstanding mortgage balance, leading to foreclosure.

Medical emergencies or unexpected medical debt can also contribute to foreclosure. When homeowners face substantial medical bills or are unable to work due to health-related reasons, they may struggle to make their mortgage payments. This financial strain can ultimately lead to foreclosure.

When couples separate or divorce, it can often result in financial strain and the inability to afford the mortgage payments, especially if both parties were contributing to the household income.

Negative equity also contributes to foreclosure. Negative equity occurs when the value of a homeowner's property is lower than the outstanding mortgage balance. This can happen due to a decline in property value or the homeowner borrowing against their home's equity. Negative equity also causes foreclosure because homeowners may feel trapped in their homes and unable to sell or refinance to pay off their mortgages. This makes it challenging for them to find alternative solutions when faced with financial difficulties, ultimately leading to foreclosure.
Effects of Foreclosure on Credit Scores and Future Borrowing
When a borrower goes into foreclosure, it indicates to lenders that they were unable to fulfill their financial obligations, resulting in a negative mark on their credit report. Foreclosure can cause a significant drop in a borrower's credit score, typically by several hundred points. This lower credit score makes it more challenging for the debtor to qualify for new loans or lines of credit in the future.

In addition to a lowered credit score, debtors who have experienced foreclosure may find it difficult to get approved for new loans. Lenders may view them as high-risk borrowers due to the foreclosure on their record, making it challenging to access credit for various purposes, such as purchasing a car or starting a business.

Even if a borrower is approved for new loans after foreclosure, they may face higher interest rates. Lenders may consider them riskier borrowers due to their foreclosure history, resulting in higher interest rates to compensate for the perceived risk. Foreclosure can also limit the borrower's access to credit. Lenders may be hesitant to extend credit to debtors who have recently gone through foreclosure, leaving them with limited options for borrowing funds.

Finding new housing can also be challenging after foreclosure. Landlords often check credit scores when considering potential tenants, and a low credit score resulting from foreclosure may make it difficult to secure a new rental agreement.


Stages of Foreclosure
The stages of foreclosure play a key role in the property acquisition process. The first stage is preforeclosure, which occurs when a homeowner falls behind on mortgage payments and the lender initiates the foreclosure process. During this stage, the property owner may have the opportunity to negotiate with the lender to avoid foreclosure. Traditional financing options are generally still available at this stage, but subject-to-financing may be a viable option for investors.

The second stage is the auction, where the property is sold to the highest bidder. At this stage, traditional financing is usually not an option since the property is sold in an "as is" condition. Title insurance and inspections may not be available or feasible, leaving potential buyers at risk. Eviction requirements vary by jurisdiction, but the winning bidder may face the challenge of evicting the previous owner or tenants.

The final stage is the bank-owned stage, also known as Real-Estate Owned (REO). If the property does not sell at auction, it becomes bank-owned, and the lender becomes the owner. At this stage, traditional financing options are available once again. Title insurance and inspections can be obtained for better protection. The eviction process may continue if the previous owner or tenants have yet to vacate the property.
Rights of Homeowners in Foreclosure
During the foreclosure process, homeowners have certain rights that can help protect their interests and potentially avoid losing their property. One of the key rights homeowners have during foreclosure is the right to be notified about the foreclosure proceedings. Lenders are required to provide homeowners with a Notice of Default, which outlines the details of the foreclosure and the homeowner's options to avoid it. This gives homeowners an opportunity to explore alternatives and take the necessary steps to potentially prevent foreclosure.

Homeowners also have the right to seek legal counsel to guide them through the foreclosure process. A qualified attorney can provide important advice and representation to help homeowners understand their rights and explore potential defenses against foreclosure.


Options to Avoid Foreclosure
When faced with the possibility of foreclosure, there are several options available to homeowners to avoid this dire outcome. Refinancing, involves replacing the current mortgage with a new one that offers better terms and a lower interest rate. While this can lower monthly payments, it may require a good credit score and a stable income.

Loan modification, which involves negotiating with the lender to modify the terms of the mortgage. This can include reducing the interest rate, extending the repayment term, or even forgiving a portion of the principal. However, it can be a lengthy and complex process, and there is no guarantee of approval.

A forbearance agreement is another option, where the lender temporarily reduces or suspends mortgage payments for a specific period. While this can provide temporary relief, the missed payments will still need to be repaid eventually, and it may negatively impact credit scores.

Selling the home is a viable option to avoid foreclosure. By listing the property, homeowners can potentially sell it to pay off the mortgage debt and avoid foreclosure. This requires finding a buyer quickly, and there is no guarantee that the sale price will cover the outstanding debt.

A short sale may also be considered. This involves selling the home for less than the outstanding mortgage balance with the lender's approval. While this can prevent foreclosure, it can have adverse effects on credit scores, and homeowners may still be responsible for paying the remaining balance.
Importance of Legal Advice during Foreclosure
A foreclosure attorney can navigate homeowners through the intricate web of foreclosure laws. Without proper legal advice, homeowners may be unaware of important deadlines, requirements, or defenses that could potentially save their homes.

Unfortunately, during the foreclosure process, there are unscrupulous individuals and companies who prey on vulnerable homeowners. They may offer false promises, charge excessive fees, or engage in fraudulent practices. By seeking legal advice, homeowners can avoid falling victim to such scams and ensure their rights are not violated.

Foreclosure is a stressful experience, and knowing what choices are available can alleviate some of the anxiety. A foreclosure attorney can explore alternatives such as loan modification, short sales, or bankruptcy, depending on the homeowner's unique circumstances.



Contact Richard West today to stop the foreclosure of your home.
FAQs
How can I protect myself from foreclosure scams?

In order to avoid falling for foreclosure scams, be cautious regarding unexpected attractive offers, verify the credibility of those offering assistance, and refrain from making upfront payments for services that claim to stop foreclosure. [1]

How can I avoid foreclosure?

To avoid foreclosure, you can explore options like loan reinstatement, forbearance, loan modification, short sale, or a deed in lieu of foreclosure. Communicating with your lender early can provide more options. [2]

What are the risks of buying a foreclosed home?

Buying a foreclosed home can come with several risks, including the possibility of significant repairs, dealing with the eviction of former owners, and potential legal issues with the property’s title. [2]

Sources:

[1] Understanding Foreclosure: A Guide for Homeowners. (n.d.). Pennymac. Retrieved July 1, 2024, from https://www.pennymac.com/blog/guide-to-understanding-foreclosure

‌[2] Crace, M. (2024). Buying A Foreclosed Home: Pros, Cons And A Step-By-Step Guide. Rocketmortgage.com; Rocket Mortgage. https://www.rocketmortgage.com/learn/buying-a-foreclosed-home-pros-cons-and-how-to-purchase

### How Long Will Chapter 13 Delay Foreclosure?

Filing for Chapter 13 bankruptcy can slow down foreclosure, allowing homeowners to get caught up on their overdue mortgage payments and keep their homes. There are a couple of factors that can delay a Chapter 13 foreclosure, as discussed below.
Automatic Stay: Immediate Relief
When you file for Chapter 13, an automatic stay is enacted, stopping any foreclosure actions by your lender. This gives you temporary relief from losing your home. The stay remains until the case is dismissed or the court lifts it. [1]
Timeline of Chapter 13 Bankruptcy

 	Filing the Petition: The process begins with filing the bankruptcy petition, which activates the automatic stay.
 	341 Meeting of Creditors: About 20-40 days after filing, you will attend this meeting where creditors can ask about your financial situation and repayment plan.
 	Repayment Plan Proposal:  Within 14 days of filing the petition, you must submit a repayment plan detailing how you will catch up on missed payments over three to five years.
 	Confirmation Hearing:  Held about 45 days after the 341 meeting, the confirmation hearing decides if the repayment plan is feasible and meets legal requirements. If confirmed, you start making payments as per the plan. [1]


Duration of the Repayment Plan
The repayment plan usually lasts three to five years. During this time, you make regular payments towards your current mortgage and any arrears. If you stick to the plan, the foreclosure process is halted. Successfully completing the plan can help you avoid foreclosure and keep your home. [1]
Factors Influencing Foreclosure Delay

 	Repayment Plan Feasibility:  The court must approve the repayment plan, ensuring it is realistic and meets all legal criteria.
 	Timely Payments:  Missing payments can lead the lender to request lifting the stay, which might speed up foreclosure.
 	Court Motions:  Creditors can file a motion to lift the stay if you fail to comply with the repayment plan, allowing them to proceed with foreclosure despite the bankruptcy.


What Happens After Completing the Repayment Plan?
Once the repayment plan is completed successfully, you receive a discharge of remaining dischargeable debts, though the mortgage must still be paid. This process can potentially eliminate the immediate threat of foreclosure, provided you keep up with mortgage payments. [1]

A Chapter 13 bankruptcy can delay foreclosure, offering a structured plan to catch up on missed payments. The automatic stay provides immediate relief, and adhering to the repayment plan can help you keep your home. However, maintaining timely payments and working closely with a bankruptcy attorney is crucial to navigating the process effectively.

If you have filed for bankruptcy under Chapter 13 and are concerned about foreclosure, then contact Richard West today.
FAQs
Can Chapter 13 bankruptcy permanently stop foreclosure?

While Chapter 13 can provide a long-term solution by allowing you to catch up on missed payments over three to five years, it does not permanently eliminate the threat of foreclosure. If you fail to meet the terms of your repayment plan, foreclosure can proceed once the bankruptcy is dismissed. [2]

What are the qualifications to file for Chapter 13 bankruptcy?

To qualify for Chapter 13, you must have a regular income and provide up-to-date tax returns, and your unsecured and secured debts must be within specified limits. This ensures you can feasibly make the payments outlined in your repayment plan​ [3]

What protections are available for homeowners facing foreclosure under Chapter 13?

Homeowners benefit from protections such as the automatic stay and the ability to repay missed mortgage payments over time. Additionally, mortgage servicers are required to consider all alternatives to foreclosure and provide clear communication about options available to borrowers. [4]

Sources:

[1] Chapter 13 - Bankruptcy Basics. (n.d.-c). United States Courts. https://www.uscourts.gov/services-forms/bankruptcy/bankruptcy-basics/chapter-13-bankruptcy-basics

[2] Can Chapter 13 Bankruptcy Help After a Foreclosure Notice? (n.d.). Retrieved July 25, 2024, from https://www.nolo.com/legal-encyclopedia/chapter-13-bankruptcy-help-after-foreclosure-notice.html

[3] How to File for Chapter 13 Bankruptcy. LendingTree. (n.d.). Retrieved July 25, 2024, from https://www.lendingtree.com/bankruptcy/chapter-13/

[4] CFPB Rules Establish Strong Protections for Homeowners Facing Foreclosure. (2013, January 17). Consumer Financial Protection Bureau. https://www.consumerfinance.gov/about-us/newsroom/consumer-financial-protection-bureau-rules-establish-strong-protections-for-homeowners-facing-foreclosure/

### Alternatives to Filing an Ohio Bankruptcy

Alternatives to Filing Bankruptcy in Ohio
In the US, there were 452,990 bankruptcies filed in 2023, compared with 387,721 cases in the previous year. [1] While in Ohio, in 2023, the number was 21,140 - out of these, 15,587 were filed under Chapter 7 and 5,485 under Chapter 13. [2]

When you are buried in credit card debt, medical bills, or other financial obligations, it is common to feel worried and uncertain about your future. This feeling is even worse when you do not know where to find help. Bankruptcy might seem like the only option, but it is not always the best solution for everyone. Sometimes, other strategies can work better.
Why Might Someone Avoid Bankruptcy?
Bankruptcy can quickly solve financial issues for some, but it can be harmful for others. It is good to think about both the good and bad sides of bankruptcy to see if another approach might be better for you. Here are some reasons people decide against filing for bankruptcy:

 	Bankruptcy makes your debt problems public, so anyone can see them.
 	Private employers can deny job offers because of bankruptcy, especially in jobs involving money or sensitive information.
 	Bankruptcy puts your finances under the control of a judge.
 	A bankruptcy can remain on your credit report for up to ten years.
 	Many people who file are forced into Chapter 13 bankruptcy, which involves a court-supervised payment plan, because they make too much for Chapter 7. Less than half of Chapter 13 filers finish their plans.
 	Chapter 13 bankruptcy can take up to five years to complete, with tough monthly payments.
 	Bankruptcy can cause social or professional embarrassment due to the stigma it carries.
 	Chapter 7 bankruptcy requires you to give up certain property, while Chapter 13 requires you to surrender part of your income for several years.
 	Filing for bankruptcy is not free. You will have to pay court fees, and most people also pay attorney fees, even if they do not get financial relief. [3]


What to Do When You Cannot Pay Your Bills
Financial troubles can be frightening, and it is easy to make quick, rash decisions. But small, short-term solutions might be enough to help you recover.

As soon as you realize you are in trouble, contact your creditors and ask about a credit card hardship program. Explain that you are having trouble making payments and why. Tell them what you are doing to solve the problem and what you need from them.  There are a few options your creditor may make available to you.

 	Forbearance:  With forbearance, you are allowed to skip payments or make smaller payments for a limited time. When this period ends, you will need to pay the missed payments and interest. (§ 682.211) [4]
 	Deferment:  Deferment is like forbearance, but you do not have to catch up on missed payments. When the deferment ends, you simply start making payments again, with missed payments and interest added to your loan balance. (§ 685.204) [5]
 	Modification:  The creditor may change the terms of your agreement (§ 1.1001-3 Modification). [6] This could mean a lower interest rate, smaller payment, waived fees, or reduced balance.

For credit card accounts, you might lose the ability to use your card, or your account could be closed. The issuer may give you fixed monthly payments until you clear your balance. Your history with the creditor can affect the help you get. If you have been making regular payments until now, they might be more willing to assist.
More Alternatives to Bankruptcy
When you want to escape debt and regain control of your finances without bankruptcy, there are several options. They are as follows:
1. Avalanche or snowball debt repayment
Check your budget for ways to cut spending and put more money toward debt. (If you do not have a budget, make one.) Get your family to help find ways to save money.

With the avalanche or snowball method, you focus extra money on one debt while making minimum payments on the rest.

Here is how it works:

 	For the avalanche, list your debts by interest rate, from highest to lowest. Pay off the highest rate first, then the next, and so on.
 	For the snowball, list debts by balance, from smallest to largest. Pay off the smallest balance first, then the next, and so on.
 	Keep making minimum payments on all other debts while paying as much as possible on the targeted one.
 	Each time you pay off a debt, you have more money to put toward the next one. [3]

The avalanche method might save you money by paying off high-interest debts first. But many people prefer the snowball method because it provides quicker wins, which can be motivating. [3]


2. Increase your income
Find ways to earn more money and put it toward reducing debt. Work extra hours if you get overtime pay. Take a part-time job or start a side business. Websites like Fiverr connect people looking for work with those willing to pay for help.

Post signs in your neighborhood to offer dog walking. Pet-sit, clean houses, or run errands.

You might also look for a better-paying job. Try to increase your income with higher pay by not switching jobs, but staying with the same employer.
3. Sell things
Jumpstart your debt repayment by selling things you do not need. It can be motivating to pay off a chunk of debt when starting fresh. Facebook Marketplace, eBay, Poshmark, OfferUp, and Craigslist are good options for selling items quickly.

If you own something valuable, sell it, replace it with a cheaper version, and use the difference to pay down debt.
Ways to Resolve Your Debt
There are some structured provisions that can help you resolve your debt as follows:
Consolidate Debt
Debt consolidation involves taking out a new loan to pay off existing debt. It is only worthwhile if the new loan has better terms than the current ones. You might also get a lower monthly payment than what you are currently paying. (Loan offers depend on underwriting conditions.) [3] [7]

Most people use collateral and pay about 10%-12% for a debt consolidation loan, which is much lower than the 25% interest rate they might pay to credit card companies. This means one payment to one place, making it cheaper and easier to manage. It can save a lot of money and looks like a great deal.

Three main types of debt consolidation loans are:

 	Personal loans can help you consolidate debt with a fixed interest rate that might be lower than your credit card rates. However, your monthly payment might increase since personal loan payments are designed to clear balances in a few years. Credit card minimum payments, on the other hand, can keep you in debt for decades. [7]
 	Home equity loans or lines of credit often have the lowest interest rates because you use your home as collateral. This makes the loan less risky for lenders. Home equity loans also have smaller monthly payments compared to personal loans because you get more time to repay. But stretching out repayment can cost more in the long run. Repay home equity loans as fast as you can. [3] [7]
 	Balance transfer credit cards with zero interest can help you reduce balances quickly during the interest-free period if you qualify. You will pay a fee for each transfer, so calculate the interest savings and make sure they are higher than the fee. This strategy is risky and best used once. If you pay off cards with a balance transfer and then rack up balances again, you will be in worse shape. [3] [7]

Debt consolidation can backfire if you run up your account balances while paying off the consolidation loan. Consider closing credit card accounts after paying them off with the loan.


Debt Management Plan (DMP)
Debt management programs help reduce interest rates on credit cards to around 8%, making it easier for people to manage their finances. Usually, credit card interest rates are about 16.7%, but if you miss payments, they can go up to 20%-30%. For example, if you owe $5,000 and lower the interest rate from 25% to 8%, your monthly interest payment drops from $105 to $33, giving you an extra $72 to pay off the debt faster.

Counselors from nonprofit agencies look at your income and expenses to create a monthly payment plan that fits your budget.

In Ohio, these programs are helpful because your credit score does not matter for signing up, and you can be debt-free in 3-5 years if you make your payments on time. If you leave the program, the higher interest rates come back.

Debt management plans from nonprofit agencies cover unsecured debts like credit cards, but not secured debts like houses or cars. This program is good for anyone in Ohio with high-interest credit card debt, as it lowers interest rates and helps pay off the debt over time. [7]
Debt Settlement
Debt settlement involves getting creditors to accept less than the full balance as payment. Debt settlement lets a person pay off their debt for less than the total amount owed. Typically, this involves making a lump-sum payment after saving money for 2-3 years in an escrow account.

Negotiations with creditors are done during this period to get them to agree to the reduced payment plan. While this option can be appealing, it is a slow process and can hurt your credit report for seven years. Additionally, the IRS treats forgiven debt over $600 as taxable income, which must be reported. [7]

Debt resolution usually has better outcomes than Chapter 13 bankruptcy. While both can affect credit scores, research shows that credit scores recover faster after debt resolution. It also takes less time than Chapter 13 bankruptcy or a DMP (24-48 months versus 36-60 months). Plus, people using debt resolution are less likely to need it again, unlike many Chapter 13 filers who end up filing more than once. [7]

Anyone in Ohio with large amounts of debt who is looking for a way out without declaring bankruptcy might find this option worth considering. For example, if you owe $50,000 in credit card debt, reducing it to $25,000 can be very appealing, though the process can be lengthy and complex. [7]


Take Away
Dealing with debt can feel pretty tough, and sometimes it might seem like filing for bankruptcy is the only way out. But there are actually many options you can look into. By checking out these alternatives, you might find one that suits your needs better and helps you avoid the lasting effects of bankruptcy. It's about finding the right fit for your situation and goals, which can make a big difference.

Each option has its own pros and cons, so it's smart to weigh them carefully. Talking to a financial advisor or a credit counseling service can give you advice that fits your situation. Exploring these strategies can help you tackle debt in a way that is less damaging to your future.

If you want to explore your alternatives to bankruptcy in Ohio, call Richard West today.
FAQs
What can I do instead of filing for bankruptcy in Ohio?

There are various ways to handle debt besides declaring bankruptcy. You might consider a debt management plan, debt settlement, or a debt consolidation loan. These strategies can help you manage or reduce your debt without the need for bankruptcy.

Why would someone choose not to file for bankruptcy?

Filing for bankruptcy can make your financial issues public, potentially affect job opportunities, and place your finances under judicial oversight. It also remains on your credit report for up to ten years and can carry social stigma and high costs.

What should I do if I cannot pay my bills?

You should try contacting your creditors to discuss a credit card hardship program. They might offer solutions like forbearance, deferment, or modifying your loan terms to make payments easier.

What is the difference between the avalanche and snowball debt repayment methods?

The avalanche method involves paying off debts with the highest interest rates first. The snowball method focuses on paying off the smallest balances first. Both strategies help reduce debt over time.

Is selling items a good way to reduce debt?

Yes, you can repay at least a part of your debt by selling items. Platforms like Facebook Marketplace, eBay, and Craigslist can help you sell things quickly.

What is debt consolidation, and how does it work?

Debt consolidation involves taking out a new loan to pay off multiple debts, usually at a lower interest rate. This makes payments simpler and can save money, but you need to qualify for the loan and avoid creating new debt.

How does a debt management plan (DMP) assist with debt?

A DMP lowers interest rates on credit cards to about 8%, making payments more manageable. It requires working with a nonprofit credit counseling agency to create an affordable monthly payment plan.

What is debt settlement, and is it useful?

Debt settlement means negotiating with creditors to pay off a debt for less than what you owe, usually through a lump-sum payment. While it can reduce debt, it takes time, can hurt your credit score, and involves fees and taxes on forgiven debt.

Sources:

[1] Bankruptcy Filings Rise 16.8 Percent. (2024b, January 26). United States Courts. https://www.uscourts.gov/news/2024/01/26/bankruptcy-filings-rise-168-percent

[2] Bankruptcy Filing Trends in Ohio. (2024). https://abi-org.s3.amazonaws.com/Newsroom/State_Filing_Trends/2024/Filing_Trends_Ohio.pdf

[3] How to get rid of debt without filing bankruptcy | Achieve. (n.d.). Achieve. https://www.achieve.com/learn/resolve-debt/how-to-get-rid-of-debt-without-filing-bankruptcy

[4] 34 CFR § 682.211 - Forbearance. (n.d.). LII / Legal Information Institute. https://www.law.cornell.edu/cfr/text/34/682.211

[5] 34 CFR § 685.204 - Deferment. (n.d.). LII / Legal Information Institute. https://www.law.cornell.edu/cfr/text/34/685.204

[6] 26 CFR § 1.1001-3 - Modifications of debt instruments. (n.d.). LII / Legal Information Institute. https://www.law.cornell.edu/cfr/text/26/1.1001-3

[7] How To Get Out of Debt. (2024, April 22). Consumer Advice. https://consumer.ftc.gov/articles/how-get-out-debt

### What is a Reorganization Plan?

A reorganization plan is one of the methods that can be implemented to restructure a company's operations and financial obligations while it is under the protection of bankruptcy laws. These plans address the challenges faced by financially distressed companies and enable them to emerge from bankruptcy as viable and sustainable entities.

One of the primary goals of reorganization plans is debt reduction. This involves restructuring existing debt by negotiating with creditors to modify repayment terms, reduce interest rates, or even obtain forgiveness for a portion of the debt. Asset sales may generate funds that can be used toward repaying outstanding obligations.

Establishing a sustainable business model is a key objective of any reorganization plan. This involves analyzing the company's operations, identifying inefficiencies, and implementing changes that can enhance profitability and long-term viability. It may also involve diversifying product offerings, identifying new target markets, or implementing cost-cutting measures to improve financial performance.
Key Elements that Make up A Reorganization Plan
A company's restructuring process is designed to restore financial stability and operational effectiveness. The key elements that constitute a comprehensive reorganization plan are as follows.

 	Classification of Claims and Debts: This involves categorizing the company's liabilities and obligations into distinct classes based on their nature and priority. Commonly classified claims include secured debt, unsecured debt, administrative expenses, and equity interests.
 	Communication and Disclosure: An effective reorganization plan should prioritize transparent and regular communication with all stakeholders involved. This includes disclosing the plan and its details to creditors, shareholders, and employees, ensuring that they fully understand the proposed course of action and implications.
 	Description of Treatment for Each Class of Creditor: Each class of creditor is outlined in detail, specifying how they will be treated within the reorganization plan. This may include the proposed payment or discharge terms, such as reduced principal, lower interest rates, extended repayment periods, or the conversion of debt into equity.
 	Financial Projections and Viability Analysis: To instill confidence in the reorganization plan, it is essential to present comprehensive financial projections and a viability analysis. This includes demonstrating the sustainability and profitability of the restructured company, reassuring stakeholders that their interests are safeguarded.
 	Settlement Provisions: The reorganization plan should include provisions that facilitate the settlement of claims and obligations. This can involve negotiating with creditors for favorable settlements, compromise or waiver of certain claims, or creation of creditor committees to oversee the settlement process.


How a Reorganization Plan Differs from Liquidation Bankruptcy
In a reorganization plan, the primary objective is to restructure the company's debts and operations in order to bring it back to profitability. This involves working with creditors and stakeholders to negotiate new terms, reducing debt burdens, and implementing operational changes. The goal is to save the company from complete failure and preserve its value for the benefit of all parties involved.

On the other hand, liquidation bankruptcy focuses on selling off the company's assets to repay its debts. The aim is to wind down the business and distribute the proceeds among the creditors. Liquidation bankruptcy is typically seen as a last resort when the chances of reviving the company's operations are slim.

The specific features of a reorganization plan include creating a new capital structure, renegotiating debt terms, and developing a viable business plan for the company's future. This plan must be approved by the court and is subject to the agreement of the company's creditors. The process involves negotiations, court hearings, and the formulation of a detailed restructuring plan.

In contrast, liquidation bankruptcy involves assessing the value of the company's assets, selling them off through an auction or private sale, and distributing the proceeds to the creditors based on their priority of claims. It is a more straightforward process compared to a reorganization plan.
Steps to Take for A Successful Reorganization Plan in Bankruptcy
In order to create a successful reorganization plan in bankruptcy, certain steps need to be followed. When a company files for bankruptcy, they must submit a plan of reorganization to outline how they intend to restructure their debts and continue operations. This plan is key in determining the company's ability to recover from financial distress and regain solvency.

The first step is for the company to assess its financial situation and develop a comprehensive reorganization plan. This plan should address how the company will pay off its debts, restructure its operations, and return to profitability. It is important to include realistic and achievable goals in the plan.

Once the plan is developed, it needs to be submitted to the bankruptcy court for review. The court will then analyze the plan and determine if it is feasible and fair to all parties involved. The court will also make sure that the plan satisfies the requirements of the bankruptcy code.

The next step is to seek creditor acceptance of the plan. Creditors, who will be affected by the reorganization, must vote on whether to accept or reject the plan. The plan needs to receive a majority vote of approval from creditors in order to move forward.

If the plan is accepted by the creditors, it is then presented to the bankruptcy court for confirmation. The court will review the plan to ensure it meets all legal requirements and is in the best interest of all parties involved. Once approved by the court, the plan becomes binding and the company can begin implementing the necessary changes outlined in the reorganization plan.


Determining Eligibility for A Reorganization in Bankruptcy
Not all entities can qualify for a reorganization within bankruptcy. The eligibility requirements for a reorganization require that the entity must be facing financial duress, such as excessive debt and an inability to meet financial obligations.

In certain circumstances, the government may require a business to undergo a reorganization process to stabilize its operations or prevent a negative impact on the broader economy.

If your business is considering bankruptcy, contact Richard West's Law Offices today.
FAQs
Who can file a reorganization plan in Chapter 11 bankruptcy?

Initially, only the debtor has the exclusive right to file a reorganization plan, usually within the first 120 days of filing for Chapter 11. If the debtor fails to propose a plan within this period, creditors may then file their own reorganization plan. The court can extend the debtor’s exclusivity period if they show a good-faith effort. [1]

What are the benefits of filing a Chapter 11 reorganization plan?

Filing a Chapter 11 reorganization plan allows a business to continue operations while restructuring its debts. This can help the business generate revenue, maintain its workforce, and potentially emerge from bankruptcy as a viable entity. It also stops creditors from pursuing collections, providing the business with some breathing room to reorganize. [2]

What does the confirmation process of a reorganization plan involve?

For a reorganization plan to be confirmed, it must be approved by the bankruptcy court and the creditors. The plan must meet certain criteria, including feasibility, good faith, and the best interest of creditors. At least one class of impaired creditors must accept the plan for it to be confirmed. [3]

Sources:

[1]  Chapter 11 - Bankruptcy Basics | United States Courts. (n.d.). Www.uscourts.gov. Retrieved June 17, 2024, from https://www.uscourts.gov/services-forms/bankruptcy/bankruptcy-basics/chapter-11-bankruptcy-basics

[2] Dollarhide, M. (2019). Chapter 11. Investopedia. https://www.investopedia.com/terms/c/chapter11.asp

‌[3] LendingTree, K. L. K. L. is a former deputy editor at, Finance, C. P., & editor, auto loans M. from the. (n.d.). Chapter 11 Bankruptcy: Understanding the Basics. LendingTree. Retrieved June 17, 2024, from https://lendingtree.com/bankruptcy/chapter-11/

### What Disqualifies You From Filing Bankruptcy?

Bankruptcy can provide relief from overwhelming debt, but there are certain circumstances that can prevent someone from being able to file.

Knowing what disqualifies you from filing for bankruptcy can help you make informed decisions about your financial future.
Fraud
The disqualification from bankruptcy due to fraud is to protect the integrity of the bankruptcy system and prevent abuse. When someone attempts to defraud the system, they undermine the transparency and fairness that bankruptcy aims to achieve.

Even unintentional missteps, such as providing incorrect information or failing to disclose assets due to negligence, can be viewed as fraudulent behavior. By disqualifying individuals involved in fraudulent behavior, the law ensures that genuine debtors receive the necessary relief, and those who attempt to manipulate the system are held accountable.


Dismissed Bankruptcy Case
When your bankruptcy case is dismissed, it means that the court has decided to terminate the proceedings before granting you a discharge of your debts. This dismissal can occur for various reasons, and it can have serious implications for your future ability to pursue bankruptcy again.
Previous Discharge
In the case of Chapter 7 bankruptcy, individuals may not receive another discharge within eight years from the date of a previous Chapter 7 discharge. If you have received a Chapter 7 discharge in the past, you must wait for eight years before becoming eligible for another Chapter 7 bankruptcy discharge. [1]

Chapter 13 bankruptcy allows individuals to create a repayment plan to manage their debts. If a person previously received a discharge under Chapter 13, they must wait for a minimum of two years from the date of the prior discharge to file for another Chapter 13 bankruptcy and receive another discharge.
Debts Don't Qualify for Bankruptcy
There are many debts that qualify for bankruptcy, but some debts don't. If the debts in question are not eligible for discharge, this will disqualify you from filing bankruptcy.

Child support and alimony obligations are an example of debts that do not qualify for bankruptcy. These financial responsibilities arise from marital or familial relationships and are considered a support system for children or former spouses.

Student loans are generally not dischargeable through bankruptcy, making them another major exclusion.

Tax debts also pose a challenge when seeking bankruptcy relief. Although some income tax debts may be eligible for discharge, certain conditions must be met. The tax returns associated with the debt must have been filed at least two years prior to the bankruptcy filing, and the taxes must have accrued at least three years before filing.

Any fraudulent tax returns or tax evasion attempts can disqualify one from discharging tax debts through bankruptcy.

Fines and penalties imposed by governmental entities or criminal restitution orders are ineluctable through bankruptcy as well. These obligations are considered a part of an individual's responsibility to society, and therefore, bankruptcy cannot be utilized as a method to bypass them.

Debts incurred due to personal injury or wrongful death caused by intoxicated driving are not dischargeable. Such debt exclusions are in place to discourage reckless behavior that could cause harm to others and to ensure that those affected receive proper compensation. Individuals who cause injuries or fatalities while under the influence of drugs or alcohol cannot absolve their liabilities through bankruptcy.


Non-Cooperation
From providing accurate financial information to attending court hearings and working with your assigned bankruptcy trustee, cooperation ensures transparency and the smooth progression of your bankruptcy case. Failure to cooperate can have severe consequences, including disqualification from the benefits of bankruptcy.

When filing for bankruptcy, disclose all of your assets, debts, income, and expenses accurately. If you fail to provide complete and truthful information, it undermines the integrity of the process and can lead to your case being dismissed.

Failing to attend required meetings or court hearings may disqualify you. These gatherings serve as opportunities to communicate with your bankruptcy trustee, creditors, and the bankruptcy court.

Comply with any court mandates or orders issued during your bankruptcy proceedings. This may involve fulfilling repayment obligations, surrendering assets, or adhering to certain financial restrictions. Ignoring or disregarding these court orders showcases a lack of cooperation and may lead to your case being dismissed or, worse, facing penalties for non-compliance.
Your Income Is Too High
While bankruptcy laws differ across jurisdictions, one of the common factors that can disqualify an individual from filing bankruptcy is having an income that is deemed too high.

Bankruptcy laws are designed to provide a safety net for individuals in dire financial circumstances and prioritize those who are truly unable to repay their debts. This assessment is carried out by evaluating the individual's or the business entity's income, expenses, and debt burden.

The means test is a key mechanism used to establish eligibility for bankruptcy and is aimed at distinguishing between those who genuinely need bankruptcy relief and those who can afford to repay their debts. [2] If you are not eligible to file for Chapter 7, it's still possible you may qualify for Chapter 13.


Are You Considering Filing for Bankruptcy, but Unsure if You Qualify?
Contact the Richard West Law Firm today to schedule a consultation and find out if you qualify for bankruptcy assistance.
Sources:
[1] When may I file bankruptcy again? | District of Oregon | United States Bankruptcy Court. (n.d.). https://www.orb.uscourts.gov/faq/when-may-i-file-bankruptcy-again

[2] Chapter 7 Means Test Calculation. (n.d.). United States Courts. https://www.uscourts.gov/forms/means-test-forms/chapter-7-means-test-calculation

### Can I File Bankruptcy Without my Spouse?

Are you considering filing for bankruptcy, but unsure if you can do so without involving your spouse?

The thought of bankruptcy can be overwhelming, and you may be wondering how it could impact your significant other.
Community Property States
Community property states abide by the principle that property acquired during a marriage is jointly owned by both spouses, regardless of title or the contribution made by each spouse. [1]

This means that any debt incurred during the marriage is generally considered a joint liability, even if only one spouse initially signed the contract or took on the debt.

In a community property state, filing for bankruptcy as an individual does not automatically eliminate your spouse's liability for joint debts. While you can file for bankruptcy without involving your spouse, this may have consequences for both of you, particularly in relation to joint assets and community property.

Community property states include:

 	Arizona
 	California
 	Idaho
 	Louisiana
 	Nevada
 	New Mexico
 	Texas
 	Washington
 	Wisconsin

Five additional states—Alaska, Florida, Kentucky, South Dakota, and Tennessee—have adopted an opt-in community property law.

Registered domestic partners residing in California, Nevada, or Washington are also governed by community property laws.
Separate Property and Debts
Specific circumstances of your situation will determine if you can file bankruptcy without your spouse. Here are some things to consider:

 	Joint Debts:  If you and your spouse have joint debts, such as a mortgage, car loan, or credit card debt, it can complicate matters. Even in common-law property states, joint obligations may need to be considered during bankruptcy proceedings, as they could affect the overall assessment of your financial situation.
 	Non-Marital/Filing Spouse's Debts:  Individual debts incurred before the marriage or solely in one spouse's name are typically considered separate debts. In most cases, filing for bankruptcy as an individual will not affect your spouse's credit or financial standing. Consult with a bankruptcy attorney to analyze your specific situation and state laws.
 	Income:  Whether you can file individually without your spouse also depends on your income sources. If you and your spouse's income are essential for the determination of disposable income in bankruptcy, you may need to include their financial details during the process.
 	Exemptions:  Exemption laws determine which assets can be protected during bankruptcy. In community property states, assets acquired during the marriage may be subject to seizure even if they are solely in one spouse's name.
 	Joint Bankruptcy:  If both spouses are facing overwhelming debts, filing for joint bankruptcy may be the best solution, as it consolidates individual debts in a single process. Joint bankruptcy can simplify the procedure and potentially reduce costs compared to filing individually.


Credit Rating for Spouse if You File Bankruptcy Without Them
Each spouse has their own credit history and credit rating, which are based on their personal financial activities. If one spouse decides to file for bankruptcy, it should not automatically affect the credit rating of the other spouse.

There are a few factors that can indirectly impact the credit rating of the spouse not filing for bankruptcy. These factors primarily revolve around joint debts, shared accounts, and financial responsibilities that are intertwined between spouses.

If you have joint debts with your spouse, such as a mortgage or a car loan, and you choose to file for bankruptcy, your discharge will eliminate your legal obligation to pay those debts. This does not discharge your spouse's responsibility for the joint debts.
Pros of Filing Bankruptcy Without Your Spouse
Some pros of filing for bankruptcy without your spouse, include:

 	Protecting the Credit Score:  If one spouse has a significantly lower credit score due to financial issues like unpaid debts or late payments, filing individually allows the other spouse to protect their credit.
 	Sole Financial Responsibility:  By filing individually, one spouse can take sole responsibility for their own debts, shielding the other spouse from any potential legal ramifications.
 	Emphasizing the Separation of Finances:  Filing bankruptcy separately reinforces the separation of finances and allows each spouse to solely address their individual debts.
 	Preserving Joint Assets:  Filing bankruptcy individually can help protect joint assets, such as a shared home or a joint bank account, from being included in the bankruptcy process. This can provide a sense of stability and continuity during a financially tumultuous time.
 	Potential for Quicker Process:  Filing bankruptcy individually can expedite the process, as there is only one person's financial situation to evaluate and address. This can lead to a quicker resolution, allowing the spouse who filed to begin rebuilding their credit sooner.


Cons of Filing Bankruptcy Without Your Spouse
There are several potential disadvantages to filing for bankruptcy without your spouse:

 	Limited Debt Relief:  Filing for bankruptcy as an individual will only discharge your personal debts, not those shared with your spouse. Meaning that joint debts, such as mortgages, car loans, or credit card debts, will still be the responsibility of your spouse. They will have to continue making payments on those debts, potentially putting a strain on their finances.
 	Credit Implications for Both Spouses:  Even though your bankruptcy filing will not directly impact your spouse's credit score, it can still indirectly affect their ability to obtain credit. Lenders may view the joint debts as a potential risk, making it harder for your spouse to secure loans or credit cards in the future.
 	Potential Loss of Joint Assets:  Depending on the bankruptcy laws in your jurisdiction, joint assets, such as a shared home or investments, may be at risk during bankruptcy proceedings. The court may liquidate these assets to repay creditors, potentially causing financial loss or instability for your spouse.
 	Complicated Financial Planning:  If you wish to purchase a home together after bankruptcy, the lender may consider your low credit score and history as a higher risk, potentially leading to higher interest rates or rejection of loan applications.

Automatic Stay
The automatic stay goes into effect the moment an individual files for bankruptcy. Its primary purpose is to provide immediate relief by halting all creditor actions against the filer. This provision applies regardless of whether an individual or spouse files for bankruptcy, meaning that one spouse's bankruptcy generally does not impact the other's legal and financial status. [3]

When one spouse decides to file for bankruptcy without the other, the automatic stay provides a layer of protection for the non-filing spouse. During the automatic stay, creditors are temporarily prohibited from:

 	Initiating or continuing any legal proceedings
 	Pursuing debt collection efforts
 	Repossessing properties or assets, including joint assets held by the non-filing spouse

The automatic stay does not cover debts solely held by the non-filing spouse, nor does it extend to child support or alimony obligations.



Contact Richard West bankruptcy lawyer today to schedule a consultation and discover out your options.

Sources:

[1] What Are the Community Property States? - SmartAsset | SmartAsset. (2023, August 25). https://smartasset.com/financial-advisor/community-property-states

[2] Parker, T. (2024, April 17). Community Property States. Investopedia. https://www.investopedia.com/personal-finance/which-states-are-community-property-states/

[3] Kagan, J. (2024, March 26). Automatic Stay: What It Is, How It Works, Example. Investopedia. https://www.investopedia.com/terms/a/automaticstay.asp

### Debt Management vs. Debt Settlement

Debt management and debt settlement are both methods used by debtors to address their financial obligations.  When debtors deal with a lot of debt, it's key for them to know the difference between debt management and debt settlement. These methods both help with financial struggles but they have different approaches and outcomes.
What is Debt Management?
One of the most common strategies used in debt management is to create a budget and stick to it. This helps to allocate funds towards debt repayment while ensuring essential expenses are covered. It also involves negotiating with creditors to establish more favorable repayment terms, such as lower interest rates or extended payment periods.

Debt consolidation is another widely used method in debt management. It involves combining multiple debts into a single loan, usually with lower interest rates and reduced monthly payments. This simplifies the repayment process and provides an opportunity to save money in the long run.

Effective debt management improves credit scores, reduces financial stress, and enables long-term financial planning. It also provides a pathway towards achieving financial freedom and stability.


How Debt Management Plans Work
Debt management plans (DMPs) involve the participation of credit counseling agencies to assist debtors in managing their financial liabilities effectively. The process begins with an evaluation of the debtor's financial situation, analyzing their income, expenses, and outstanding obligations.

Credit counseling agencies play a key role in DMPs. Their primary responsibility is to negotiate with creditors on behalf of the debtor. Through these negotiations, the agencies aim to secure lower interest rates, reduced or waived fees, and more manageable repayment terms. Once the negotiations are successful, a repayment timeline is established, typically spanning over a period of three to five years. During this period, the debtor will make a fixed monthly payment to the credit counseling agency, which will then distribute the funds to the creditors as per the agreed-upon terms.

The benefits of enrolling in a DMP include the opportunity to benefit from reduced interest rates, which can ultimately lower the overall cost of the debt. Creditors may be willing to waive certain fees associated with the debt, further reducing the burden on the debtor. DMPs provide a structured and disciplined approach to repaying debt, ensuring that debtors gradually eliminate their obligations within a fixed timeframe.
What is Debt Settlement?
Debt settlement involves negotiating with creditors to agree on a reduced total payment, often paying significantly less than what is originally owed. This should only be considered as a last resort due to its potential risks.

The process of debt settlement typically involves working with a debt settlement company or negotiating directly with creditors to reach an agreement on a compromised amount to settle the outstanding balances.

One of the primary risks of debt settlement is its negative impact on credit scores. Since the debtor is not paying the full amount owed, creditors may report the settlement as a "partial payment" on the credit report. This can significantly affect creditworthiness and make it more difficult to obtain credit in the future.


Key Differences Between Debt Management and Debt Settlement
Debt management and debt settlement are two different approaches to handling debt, each with its own outcomes and benefits. Debt management involves working with a credit counseling agency to create a structured repayment plan, while debt settlement involves negotiating with creditors to pay off debts for less than what is owed.

With debt settlement, negotiating debts for a reduced amount can potentially hurt credit scores and there is no guarantee that the creditors will agree to the settlement.

In contrast, debt management plans offer a more predictable and supportive approach. Working with a credit counseling agency, individuals create a repayment plan that pays off their debts in full over a period of 3-5 years. By making consistent payments, individuals can potentially improve their credit scores.

The benefits of debt management include having a structured plan to follow, support from credit counselors, and the potential for credit score improvement. Debt settlement, on the other hand, may result in a quicker resolution but comes with the risk of damaging credit scores and no guarantee of success.
The Monthly Payment Structure for Debt Management and Debt Settlement
The monthly payment structure for both debt management and debt settlement varies significantly. In a debt management plan, debtors are required to repay the entire amount of their debts over an extended period. Under this structure, the debtor make monthly payments to a credit counseling agency, which then distributes the funds to the creditors.

These agencies often negotiate with creditors to reduce interest rates, eliminate late fees, and establish a more manageable repayment plan. The advantage of a debt management plan is that it allows debtors to repay their debts in an organized and structured manner, while also potentially lowering the overall amount owed.

On the other hand, debt settlement involves negotiations that can significantly reduce debt obligations. In this case, debtors usually make monthly payments into a separate settlement account, which accumulates until a settlement is achieved with a creditor. Once an agreement is reached, the debt is considered settled, often for a reduced amount. The main advantage of debt settlement is that it allows debtors to resolve their debts for a lesser sum and in a shorter timeframe compared to debt management plans.



If you are interested in debt management, the experienced bankruptcy attorneys at the law offices of Richard West can help guide you through the process. Call Richard West today.
FAQs
What are the costs associated with debt management and debt settlement?

Debt Management typically involves setup fees and monthly maintenance fees, which can range from $20 to $75 per month. Debt settlement often charges a fee of 15% to 25% of the settled debt amount. [1]

Are there any tax implications with debt settlement?

Yes, if a creditor forgives more than $600 of debt, the amount forgiven is considered taxable income by the IRS, which can result in a tax liability. [1]

How long does a Debt Management Plan (DMP) typically take to complete?

Debt Management Plans generally take between 3 to 5 years to complete. The exact timeframe depends on the total amount of debt and the debtor’s ability to make the agreed-upon monthly payments. These plans involve paying back the full amount owed, often with reduced interest rates negotiated by a credit counseling agency. [2]
Sources:
[1] Team, B. E. (2021, October 23). Debt Management vs. Debt Settlement Programs: The Differences. Banks.com. https://www.banks.com/articles/debt/debt-settlement/debt-management-vs-debt-settlement/

‌[2[ Debt Management vs. Debt Settlement: Which Is Better? (2024, May 14). NerdWallet. https://www.nerdwallet.com/article/loans/personal-loans/debt-management-vs-debt-settlement

### What is a 341 Meeting?

When filing bankruptcy, you will be asked to attend a 341 meeting.  Continue reading to learn what this will entail and what will be expected of you.
341 Meeting
A 341 meeting, also known as a "Meeting of Creditors," is a meeting that typically takes place within a few weeks after the bankruptcy petition has been filed. The purpose of this meeting is to provide an opportunity for the bankruptcy trustee, creditors, and the debtor to review and discuss the debtor's financial situation, assets, and liabilities.

During this meeting, a debtor is required to answer questions under oath regarding their financial affairs. The trustee may also ask questions to verify the accuracy of the bankruptcy petition and schedules filed by the debtor. Creditors may attend and ask questions as well, although their attendance is not mandatory.

The 341 meeting is structured as an informal, face-to-face meeting. It is typically held at a local courthouse or bankruptcy trustee's office. The meeting usually lasts for about 10-15 minutes.


Section 341 of the Bankruptcy Code
Section 341 of the Bankruptcy Code is a critical provision that outlines the requirements for a meeting of creditors in bankruptcy cases. The purpose of this section is to provide transparency and ensure all relevant parties have the opportunity to gather necessary information and address any concerns.
Role of The Bankruptcy Trustee in 341 Meeting
The role of the bankruptcy trustee in overseeing the meeting of creditors, The trustee is appointed by the court and serves as an impartial party responsible for ensuring the fair and orderly administration of the bankruptcy estate.

The primary responsibility of the trustee is to evaluate the assets of the debtor, verify the accuracy of the information provided, and determine the distribution of payments to creditors. This involves reviewing the debtor's bankruptcy schedules, which list all their assets, liabilities, and financial affairs.

During the meeting of creditors, the trustee examine the debtor under oath, where they ask questions about the accuracy of the bankruptcy schedules, the debtor's financial situation, and any other relevant information. This examination helps the trustee verify the accuracy of the information provided.

Another task of the trustee is reviewing the bankruptcy schedules to ensure that they are complete, accurate, and comply with bankruptcy laws. They may also investigate the debtor's financial records, bank statements, and tax returns to corroborate the information provided.

Based on the trustee's evaluation of the debtor's assets, financial situation, and the information gathered, they determine the distribution of payments to creditors, taking into consideration the allowed claims and priority debts.



If you need to schedule a 341 meeting, the experienced bankruptcy attorneys at the Richard West Law Office will help guide you through the process. Contact Richard West's bankruptcy lawyers today.
FAQs
What happens at a 341 Meeting?

At the meeting, the trustee will verify the debtor’s identity, ask routine questions about the bankruptcy documents, and inquire about the debtor’s financial affairs under oath. The meeting usually lasts about 10 minutes. Creditors may attend and ask questions, but their presence is rare. If a creditor does show up, they can ask questions about the debtor’s financial situation. [1]

What documents should I bring to the 341 Meeting?

Debtors should bring a government-issued photo ID, proof of their Social Security number, and any documents reflecting financial changes since filing the petition. It is advisable to have copies of the bankruptcy paperwork and any documents requested by the trustee. [2]

What are the common questions asked at a 341 Meeting?

The trustee will ask if the debtor reviewed and signed the bankruptcy documents, if the information is accurate to the best of their knowledge, if they have disclosed all assets and listed all creditors, and if there have been any changes since filing. The trustee may also ask about the debtor’s income, expenses, and any previous bankruptcy filings. [3]
Sources:
[1] What Happens at a Chapter 7 Bankruptcy Meeting of Creditors? (n.d.). Www.nolo.com. Retrieved June 4, 2024, from https://www.nolo.com/legal-encyclopedia/what-happens-chapter-7-bankruptcy-meeting-creditors.html

[2] Proof of Identification and Social Security Number Required at §341(a) Meeting of Creditors. (n.d.). Retrieved June 4, 2024, from https://www.justice.gov/ust/ust-regions-r18/file/proof_id_ssn.pdf

[3] SECTION 341(a) MEETING OF CREDITORS REQUIRED STATEMENTS/QUESTIONS 1. (n.d.). Retrieved June 4, 2024, from https://www.justice.gov/sites/default/files/ust/legacy/2012/11/29/Section_341%28a%29_Meeting_Questions.pdf

### Will My Landlord Know If I File for Bankruptcy?

Worried about your landlord finding out about your bankruptcy filing? 

When filing for bankruptcy, things may feel a bit uncertain and sometimes even out of control.  But bankruptcy can be the key to taking financial control back. Read on to discover whether a landlord will be informed about a bankruptcy filing and how they will learn of it if they are informed.

Around 32,239 households filed for bankruptcy in the first quarter of 2019, reaching an eight-year high in the US. [1]
If I File for Bankruptcy, Will My Landlord Find Out?
Typically, landlords do not actively receive notifications whenever a tenant files for bankruptcy. The court does not typically contact rental property owners regarding tenants' financial circumstances. Unless your landlord happens to be actively searching the court records or comes across the information by chance, they are unlikely to know about your bankruptcy filing.

Bankruptcy cases primarily focus on your financial dealings with creditors, such as credit card companies, lenders, or medical service providers. Unless you owe a significant amount to your landlord (which would include back rent or damages) they may not be involved in the bankruptcy proceedings at all.

Some landlords may run periodic credit checks on their tenants. These credit checks provide information about your credit score, payment history, and any outstanding debts. While a bankruptcy filing could temporarily lower your credit score, it doesn't necessarily mean that the landlord will specifically be informed about it.


What Happens Once My Landlord Finds Out I Filed Bankruptcy?
If your rental agreement is up for renewal during the bankruptcy process, your landlord may request updated financial information. This may prompt them to discover your bankruptcy status. If your landlord or property management company conducts regular tenant screenings or background checks, your bankruptcy filing could appear in those reports.

The automatic stay provision, which is a fundamental part of bankruptcy law, immediately halts most collection efforts and legal proceedings, including eviction proceedings. This means that your landlord cannot evict you solely due to your bankruptcy filing. Continue paying your rent throughout the bankruptcy process to maintain a good standing with your landlord.

If your financial circumstances have improved post-bankruptcy, it is advisable to communicate openly with your landlord about your improved situation. This can help alleviate any concerns and maintain a healthy landlord-tenant relationship.
Chapter 7 Bankruptcy and Landlord
When you file for Chapter 7 Bankruptcy, a public notice is made, and your creditors are notified to cease collection activities. Your landlord isn't automatically informed of your bankruptcy unless you list them as one of your creditors.

If you do owe your landlord, include your information and any outstanding debts owed to them when filling out the bankruptcy forms. Your landlord will receive an official notice similar to other creditors, informing them about your bankruptcy filing.

By listing your landlord as a creditor, you bring them under the protection of the automatic stay, which prohibits them from taking any legal action to collect outstanding rent or evict you.

This means that your landlord cannot initiate or continue eviction proceedings, demand rent payments, or remove your possessions from the rented property during the bankruptcy process. This provides you with a relief period to establish a sustainable financial plan without the threat of eviction hanging over your head.


Chapter 13 Bankruptcy and Landlord
As part of the Chapter 13 process, a debtor is required to provide a list of creditors to the bankruptcy court. Your landlord will be included in this list, and they will receive official notice regarding your bankruptcy filing. This does not automatically mean you will be evicted or face negative consequences.

When it comes to your rental property, Chapter 13 bankruptcy can offer certain protections. As long as you continue to make your monthly rental payments as agreed upon in your lease agreement, your landlord cannot evict you solely based on your bankruptcy filing.

They must respect the automatic stay which prohibits most creditors, including your landlord, from attempting to collect debts or commence legal proceedings against you.

Under Chapter 13, your landlord becomes another creditor, but they cannot take any further actions to collect rent or evict you directly. Communicate your intentions and situation with your landlord promptly. Openly discussing your bankruptcy filing and presenting your repayment plan may help maintain positive relations and alleviate any concerns they may have.

Chapter 13 bankruptcy allows for the restructuring of certain debts, including rental arrears. If you have fallen behind on your rent payments, filing for Chapter 13 can serve as an opportunity to catch up on these arrears and protect your tenancy. By including the past-due rent in your repayment plan, you can gradually repay what you owe while maintaining your current lease agreement.
If I Have an Automatic Stay Can I Be Evicted?
The automatic stay is not an absolute shield against eviction.

Certain circumstances can lead to the automatic stay being lifted, allowing the landlord to resume eviction proceedings. If the landlord filed an eviction notice before you filed for bankruptcy, the automatic stay may not prevent the eviction from proceeding.

If you fail to meet the necessary obligations as a tenant, such as paying rent or damaging the property intentionally, the automatic stay may not protect you from eviction either. [2]



Contact Richard West's bankruptcy attorneys today to schedule a free consultation and start the process of filing for bankruptcy with peace of mind. Your landlord does not need to know unless they are included in the bankruptcy.
FAQs
Can my landlord refuse to renew my lease or rental agreement if I file for bankruptcy?

A landlord cannot refuse to renew a lease or rental agreement solely based on a bankruptcy filing. The Bankruptcy Code protects debtors from discriminatory actions, but landlords can still choose not to renew for other valid reasons such as nonpayment of rent or property damage.

Can my landlord reject my rental application in the future because of my bankruptcy history?

Landlords may conduct background and credit checks on potential tenants, and bankruptcy can raise concerns about fulfilling rental obligations. It is important to be honest about bankruptcy history on rental applications and provide explanations or additional documentation to address concerns.

How will filing for bankruptcy impact my rental history and credit score?

Having bankruptcy on your record can make it difficult to secure a rental agreement as landlords may see it as a red flag for meeting rental obligations. It can also negatively impact your credit score and financial transactions in the future.
Sources:
[1] Should You Rent Your Property To A Bankrupt Tenant? – The Easiest Property Management Software for Landlords and Property Management Companies. (n.d.). https://pen.do/should-you-rent-your-property-to-a-bankrupt-tenant/

[2] What Happens When Your Tenant Files Bankruptcy in Maryland? (2023, September 28). Bay Property Management Group. https://www.baymgmtgroup.com/blog/what-happens-when-your-tenant-files-bankruptcy-in-maryland/

### Can You File Bankruptcy on an SBA EIDL Loan?

Are you considering bankruptcy while holding a SBA EILD loan?

Here we will look into how bankruptcy relates to the loan and whether the loan is dischargeable in bankruptcy.

SBA has sent more than 9 million collection letters in addition to 1.4 million due process letters and other borrower communication. [1]
What is a SBA EILD Loan?
The Small Business Administration (SBA) Economic Injury Disaster Loan (EIDL) program is a federal loan program that provides financial assistance to small businesses that have suffered substantial economic injury as a result of a declared disaster, such as a pandemic, hurricane, or wildfire. Established to help businesses overcome the financial challenges posed by unforeseen disasters, the SBA EIDL program offers low-interest loans with long-term repayment options. [2]

The SBA EIDL loan is different from traditional SBA loans in that it primarily focuses on providing financial relief to businesses affected by a disaster, rather than promoting their growth and expansion. The loan proceeds can be used for various business purposes, including working capital, payroll expenses, accounts payable, and other operational expenses that the business would have been able to cover had the disaster not occurred.
Chapter 7 Bankruptcy and SBA EILD Loans
Most government-issued loans, including those from the SBA, are not usually dischargeable in bankruptcy. This means that even if a debtor successfully files for Chapter 7 bankruptcy, most of the time they will still be obligated to repay the SBA EIDL loan after their bankruptcy case concludes.

This rule exists to protect the government's financial interests and to ensure that funds intended for economic recovery are repaid to support future disaster-stricken businesses.

In rare cases, if the debtor can demonstrate undue hardship due to the loan's repayment, they might have a chance to discharge it through bankruptcy. Proving undue hardship is an uphill battle, requiring the debtor to present substantial evidence that repaying the loan would cause significant and ongoing financial distress.

Debtors must fulfill other eligibility requirements to file for Chapter 7 bankruptcy. These requirements include passing the means test, which assesses the debtor's income and determines their ability to repay their debts. If the debtor's income exceeds the state median income, it would hinder their chances of discharging the SBA EIDL loan.

If a debtor successfully files for Chapter 7 bankruptcy and is unable to discharge the SBA EIDL loan, they may still benefit from the bankruptcy process. Chapter 7 bankruptcy allows individuals or businesses to liquidate non-exempt assets to repay their creditors, including the SBA loan. This can provide some relief by eliminating other debts and facilitating a more manageable repayment plan for the debtor's financial recovery.


Chapter 11 or 13 Bankruptcy and SBA EILD Loans
Chapter 11 bankruptcy, also known as business reorganization bankruptcy, focuses on the restructuring and continuation of a business, rather than liquidation. This type of bankruptcy allows businesses to create a repayment plan over an extended period, typically three to five years. The hope is to make ongoing payments possible for the business while still satisfying creditor obligations.

When it comes to SBA EIDL loans, Chapter 11 bankruptcy can potentially provide businesses with the opportunity to renegotiate the terms and conditions of their loan. This could include extending the repayment period, reducing the interest rate, or modifying other loan terms to alleviate financial burdens. While SBA EIDL loans are generally not dischargeable in bankruptcy, their terms can be adjusted to better align with the business's cash flow and future prospects.

Chapter 13 bankruptcy is often a viable option for sole proprietors and individuals with significant debt obligations. This type of bankruptcy allows for a repayment plan, usually lasting three to five years, aimed at satisfying creditors while allowing the debtor to maintain control of their assets and continue their business operations.

When it comes to SBA EIDL loans, a Chapter 13 bankruptcy may allow for similar modifications to the loan terms as with Chapter 11. The debtor can propose a repayment plan that takes into account their current financial situation and seeks to make the loan repayments more manageable. Successful modification of an SBA EIDL loan in bankruptcy is subject to court approval.

Both Chapter 11 and 13 bankruptcies offer an "automatic stay" provision. This provision halts all collections activities, including those related to SBA EIDL loans, providing temporary relief to businesses struggling with debt obligations.
Fraud or Misconduct with SBA EILD Loans and Bankruptcy
Fraud or misconduct in the context of SBA EIDL loans can take various forms. Some common examples include:

 	False Information:

Applicants may provide false details regarding their business's financial state, revenue, or the impact of the disaster on their operations to secure a larger loan amount.

 	Multiple Loan Applications:

Individuals or businesses may attempt to exploit the system by submitting multiple loan applications under different identities, hoping to secure funds unlawfully.

 	Unauthorized Use:

Loan recipients may misuse the funds for purposes outside the program's intended scope or divert the money for personal use.


Bankruptcy implications may include:

 	Denial of Discharge:

If the court determines that fraud or misconduct has occurred, it may deny the discharge of debts related to the SBA EIDL loan, exposing the borrower to significant financial liability.

 	Criminal Charges and Penalties:

In cases of significant fraud or egregious misconduct, the SBA may pursue legal action, potentially leading to criminal charges, fines, or imprisonment.

 	Civil Recovery and Asset Seizure:

The SBA can initiate civil proceedings to recover fraudulent disbursements or loans. In severe cases, the court may authorize the seizure of the borrower's assets to satisfy the debt owed.
Secured Vs. Unsecured SBA Loans and Bankruptcy
Secured SBA loans are backed by collateral, typically the borrower's assets such as real estate, equipment, or inventory. In the event of default or bankruptcy, the lender has the right to seize and sell the collateral to recoup their losses.

These loans provide lenders with added security, thereby enabling them to offer more favorable terms to borrowers. If a business that has obtained a secured SBA loan files for bankruptcy, the lender has the right to seek repayment through the liquidation of the collateral.

Unsecured SBA loans do not require collateral and are primarily based on the borrower's creditworthiness. These loans generally have higher interest rates and stricter qualification requirements compared to secured loans.

Unsecured loan lenders do not have the same leverage as secured loan lenders since there is no collateral to seize. The borrower may have more options for restructuring or discharging the debt in bankruptcy.



Contact Richard West today to schedule a consultation and take the first step towards resolving your SBA EIDL loan situation through bankruptcy.
FAQs
Will filing for bankruptcy automatically discharge my SBA EIDL loan?

Filing for bankruptcy does not automatically discharge any debt, including an SBA Economic Injury Disaster Loan (EIDL). While bankruptcy can provide debt relief, it doesn’t guarantee the immediate discharge of your SBA EIDL loan. The impact of bankruptcy on your loan depends on various factors, such as the type of bankruptcy filed, the specific terms of the loan, and whether the loan is considered dischargeable or not.

Will bankruptcy affect my eligibility for future SBA loans?

Each SBA loan program has its own eligibility requirements, and a bankruptcy filing is taken into consideration during the application process. Generally, having a bankruptcy on your record may make it more challenging to secure future SBA loans as it indicates a higher level of financial risk. It is not impossible to obtain an SBA loan after bankruptcy. Factors such as the type of bankruptcy, the reasons behind the bankruptcy, and your overall financial health will be assessed when determining your eligibility.

Is there a specific bankruptcy chapter that applies to SBA EIDL loans?

There is no specific bankruptcy chapter that applies exclusively to SBA EIDL loans. SBA EIDL loans are generally categorized as unsecured debts, and they are treated similarly to other unsecured loans in bankruptcy proceedings. Depending on your financial circumstances and goals, you may choose to file for Chapter 7 or Chapter 13 bankruptcy. In both chapters, SBA EIDL loans can be included, and the terms of repayment can potentially be modified or adjusted.
Sources:
[1] Miller, J., & Miller, J. (2024, January 12). Better data, analysis gives SBA new optimism to recoup smaller COVID loans. Federal News Network - Helping Feds Meet Their Mission. https://federalnewsnetwork.com/big-data/2024/01/better-data-analysis-gives-sba-new-optimism-to-recoup-smaller-covid-loans/

[2] Economic Injury Disaster Loans. (n.d.). U.S. Small Business Administration. https://www.sba.gov/funding-programs/disaster-assistance/economic-injury-disaster-loans

### How Many Times Can I File for Bankruptcy in Ohio?

If you are considering filing for bankruptcy and have done so in the past, you may be wondering about your eligibility to file again. We will explore this option and the concerns that may arise.
Can I File for Bankruptcy Under the Same Chapter Again?
When a person files bankruptcy under Chapter 7, Ohio allows them to liquidate their assets to repay their debts. This process typically grants a complete discharge of eligible debts, giving the person a clean slate. If you've previously filed for Chapter 7 and received a discharge, you must wait at least eight years before you can file and be eligible for another discharge under the same chapter. [1]

If you filed for Chapter 13 bankruptcy, which involves creating a repayment plan to pay off your debts, the waiting time to file for bankruptcy under the same chapter again is shorter. If you previously received a discharge under Chapter 13, you must wait at least two years before filing for bankruptcy and obtaining another discharge under Chapter 13.
Filing for Bankruptcy Under a Different Chapter
If you previously filed for Chapter 13 bankruptcy and received a discharge, you can file for bankruptcy under Chapter 7 after six years from the date of the Chapter 13 discharge. This shorter waiting period recognizes the efforts made by individuals who completed their Chapter 13 repayment plan successfully. [1]

If you had filed for a Chapter 7 bankruptcy and now want to file for bankruptcy under Chapter 13, the waiting period is more lenient. You must wait four years from the date of your previous Chapter 7 discharge to file for bankruptcy under Chapter 13 in Ohio. This flexibility allows individuals to explore different bankruptcy options and adjust their approach based on their changing financial circumstances. [2]


When Are Multiple Bankruptcy Filings Considered Abusive?
While there is no specific limit on the number of bankruptcy filings allowed, multiple filings can raise concerns about potential abuse of the system.

Bankruptcy laws are designed to provide relief for honest debtors who genuinely need a second chance. There are cases where individuals may take advantage of the system by repeatedly filing for bankruptcy to avoid their financial responsibilities.

To determine whether multiple bankruptcy filings are considered abusive, courts look for certain patterns and circumstances.

These circumstances include:

 	Timing:

If an individual files for bankruptcy shortly after receiving a discharge in a previous case, it may raise suspicions of abuse. Bankruptcy laws establish waiting periods between filings to prevent abuse of the system and ensure debtors make a good faith effort to repay their debts.

 	Financial Mismanagement:

If an individual repeatedly incurs new debts shortly before filing for bankruptcy or demonstrates a pattern of reckless spending, it may raise concerns about abusive behavior. Courts may question whether the debtor is genuinely seeking relief or merely trying to discharge their debts without taking responsibility for their financial actions.

 	Consultation With an Attorney:

The involvement of a knowledgeable bankruptcy attorney can greatly impact the perception of multiple filings. If an individual has sought professional advice before each filing, it may indicate a genuine attempt to resolve their financial difficulties. Repeatedly filing without proper legal counsel can be seen as a sign of abuse.

 	Number of Discharges Sought:

If an individual consistently files for bankruptcy with the sole intention of getting a discharge and not making any effort to repay their debts, it may be deemed as abusive. Bankruptcy should be seen as a last resort, and debtors are encouraged to explore alternative options, such as debt consolidation or debt management plans.


What if My Bankruptcy Was Dismissed?
If your bankruptcy case was dismissed without prejudice, it means that the dismissal was not final and you have the opportunity to refile your case. In this situation, you can correct the issues that led to the dismissal, such as providing missing documentation or complying with court orders. Address the concerns raised by the court to increase your chances of a successful bankruptcy filing.

Alternatively, if your case was dismissed with prejudice, it means that the dismissal is final and prohibits you from refiling for bankruptcy. This type of dismissal is usually issued when the court believes that you have abused the bankruptcy process or have deliberately disregarded court rules. A dismissal with prejudice can severely limit your options for seeking bankruptcy relief in the future.
How Often Can You File Bankruptcy and Get a Discharge?
The specific rules regarding bankruptcy and the discharge of debts are established under federal law, specifically the United States Bankruptcy Code. These rules apply to all states, including Ohio. While there is no specific limit on the number of times an individual can file for bankruptcy, there are timeframes that must pass between filings in order to receive a discharge.

These timeframes apply specifically to obtaining a debt discharge in bankruptcy. This means that if an individual files for bankruptcy but does not receive a discharge, such as in cases where the bankruptcy case is dismissed, they may be able to file for bankruptcy again without any waiting period.



Contact Richard West Law today to discuss your situation and get the help you need with filing for bankruptcy in Ohio.
FAQs
Can I voluntarily dismiss my bankruptcy case?

Debtors have the right to voluntarily dismiss their bankruptcy case if they choose to do so. This can be done if they no longer wish to proceed with the proceedings or have found alternative solutions to their financial issues. However, there may be implications such as limitations on refiling or loss of protections provided by the automatic stay, so it is recommended to consult with a bankruptcy attorney before making a decision.

How can I determine if filing for bankruptcy is the right option for me?

Determining whether filing for bankruptcy is the right option for you requires careful evaluation of your financial situation. Seek guidance from a qualified bankruptcy attorney who can assess your debts, assets, income, and expenses. They will review your circumstances, such as the amount of debt you have, your ability to repay, and the impact bankruptcy will have on your future financial goals.

Will multiple bankruptcy filings impact the outcome of my case?

Multiple bankruptcy filings can impact the outcome of subsequent cases, as courts may scrutinize them more closely. The court may view multiple filings as a potential pattern of abuse or fraudulent behavior, which could affect the success of your case. If you have received a discharge in a previous bankruptcy case, you may be subject to longer waiting periods before receiving another discharge.
Sources:
[1] Law Facts: Bankruptcy | Ohio State Bar Association. (n.d.). https://www.ohiobar.org/public-resources/commonly-asked-law-questions-results/law-facts/law-facts-bankruptcy/

[2] Egan, J. (2022, April 7). How Often Can You File For Bankruptcy? Forbes Advisor. https://www.forbes.com/advisor/debt-relief/how-often-can-you-file-for-bankruptcy/

### How Does Divorce Affect Bankruptcy in Columbus?

Ohio is ranked #11 with the most bankruptcy filings per capita. [1]

Are you in the process of getting a divorce and filing for bankruptcy?
Should You File Divorce or Bankruptcy First in Columbus?
By filing for bankruptcy before divorce, you can potentially discharge or reduce your debt obligations, giving you a fresh start and easing the financial burden on both parties involved. Through Chapter 7 or Chapter 13 bankruptcy, you can eliminate or establish a manageable plan to repay your debts, relieving some of the financial stress associated with divorce proceedings.

Filing for bankruptcy first can also simplify the division of assets during divorce proceedings. When you file for bankruptcy, an automatic stay is imposed, meaning creditors cannot pursue collections from you. This freeze on collection actions provides a temporary reprieve, allowing you to sort out your financial affairs in a more organized manner during divorce proceedings.

Filing for divorce before bankruptcy can be advantageous in situations where dividing assets, property, and liabilities can be more streamlined. Separating marital assets and debts before filing for bankruptcy can result in a more straightforward property division process, as your divorce settlement will not be subject to bankruptcy laws and regulations.

Both divorce and bankruptcy can negatively affect your credit, but the order in which you file may influence the duration of these effects. Filing for bankruptcy first allows you to begin the process of rebuilding your credit sooner after the divorce is finalized.
What Type of Bankruptcy is Best When Getting a Divorce?
Chapter 7 bankruptcy, also known as "liquidation bankruptcy," involves selling a debtor's non-exempt assets to repay creditors. This type of bankruptcy is typically quicker, lasting around three to six months.

In a divorce scenario, Chapter 7 bankruptcy can be beneficial for couples with substantial unsecured debts, such as credit cards or medical bills. It allows individuals to discharge these debts entirely, providing a fresh financial start. Chapter 7 can eliminate the responsibility to pay joint debts, alleviating potential disagreements over who should be responsible for which debts after the divorce.

Chapter 13 bankruptcy, or "reorganization bankruptcy," involves creating a repayment plan over a 3-5 year period. This type of bankruptcy is ideal for individuals who have a consistent income but are struggling to meet their financial obligations.

In a divorce, Chapter 13 bankruptcy can be advantageous if there are joint debts that both partners wish to be responsible for or if one spouse wants to protect certain assets from liquidation. This bankruptcy option allows individuals to catch up on missed mortgage or car payments, stop foreclosure or repossession proceedings, and restructure their debts in a more manageable way.


Division of Property and Debts During a Divorce and Bankruptcy
When an individual declares bankruptcy, an automatic stay is imposed on any ongoing lawsuits, including divorce proceedings. This stay temporarily halts the division of assets and debts until the bankruptcy case is resolved. It prevents creditors from trying to collect debts and gives the debtor a chance to reorganize their finances. This means that during divorce, the division of property is put on hold until the bankruptcy case is finalized.

Individual debts are liabilities incurred by one spouse before the marriage, such as student loans, credit card debts, or personal loans. On the other hand, marital debts are debts accumulated during the marriage, including mortgage loans, car loans, or joint credit cards. During divorce proceedings, individual debts usually remain the responsibility of the spouse who incurred them, while marital debts are divided between both parties.

When bankruptcy is involved, all debts are included in the bankruptcy case, regardless of whether they are individual or marital. This means that even if a debt is initially assigned to one spouse during the divorce, it may be discharged through bankruptcy, leaving both parties ultimately responsible.
Bankruptcy and Child Support After a Divorce
When couples separate or divorce, child support is determined based on the noncustodial parent's ability to pay and the child's needs. The court considers various factors such as income, assets, and the standard of living the child was accustomed to during the marriage. These factors help establish a fair and reasonable amount for child support.

In the event of one parent filing for bankruptcy, the child support owed is still legally binding and must be paid. Bankruptcy may impact the paying parent's finances, making it more challenging to fulfill their support obligations. Bankruptcy does not automatically relieve the noncustodial parent of their child support responsibilities.

In the United States, child support obligations are typically enforceable by the state's child support enforcement agency, even if the paying parent has declared bankruptcy. The agency has various methods to ensure compliance, including wage garnishment, seizing tax refunds, and suspension of professional licenses. These enforcement measures help to ensure that the child's financial needs are still met despite the financial hardships faced by the paying parent. [2]



By working with the Richard West Law office, your rights and interests will be protected throughout the divorce and bankruptcy proceedings. Contact the Richard West bankruptcy lawyers today to schedule a consultation.
FAQs
Can both spouses file for bankruptcy jointly during divorce proceedings?

Yes, it is possible for both spouses to file for bankruptcy jointly during divorce proceedings. Joint bankruptcy filings can help simplify the process, as it combines their debts and assets into a single case. By filing jointly, the couple can often save on filing fees and attorney costs. Consider the potential drawbacks and consult with legal professionals. Joint bankruptcy can affect the division of property and may impact each spouse’s financial situation differently. Thoroughly assess the potential consequences and discuss the decision with both a bankruptcy attorney and a divorce attorney to determine the best course of action based on the specific circumstances of the case.

If my ex-spouse files for bankruptcy after the divorce, how will it affect me?

If you have joint debts that were assigned to your ex-spouse in the divorce decree, they may be discharged through bankruptcy, relieving your ex-spouse of their responsibility to repay those debts. It’s important to note that if you are also a co-debtor on those debts, you may still be held liable for repayment even if your ex-spouse’s obligations are discharged. If there are outstanding obligations related to child support or alimony, bankruptcy generally does not discharge these debts, and you should continue to receive the payments as ordered by the court.

How long will the bankruptcy process take and how will it impact the timeline for finalizing the divorce?

The length of the bankruptcy process can vary depending on numerous factors, such as the type of bankruptcy filing and the complexity of the case. Chapter 7 bankruptcies typically take about three to six months, while Chapter 13 bankruptcies can take three to five years to complete. Filing for bankruptcy can significantly impact the timeline for finalizing a divorce. Both processes involve legal proceedings that require the court’s involvement and can create additional complexities. Bankruptcy proceedings may temporarily halt the divorce process until the bankruptcy case is resolved, as the bankruptcy court has the power to take other legal actions.
Sources:
[1] Armstrong, C. (2021, March 11). Who Files Bankruptcy? The Balance. https://www.thebalancemoney.com/who-files-bankruptcy-316194

[2] Support Enforcement. (n.d.). https://jfs.ohio.gov/child-support/child-support-overview/child-support-services/support-enforcement

### Avoiding Foreclosure in Springboro

Avoiding Foreclosure
Foreclosure is a legal process in which a lender repossesses a home when the homeowner fails to make mortgage payments. The process typically begins with a series of missed payments, followed by a notice of default from the lender. If the homeowner does not resolve the default, the lender may initiate formal foreclosure proceedings, which can result in the forced sale of the property.

For homeowners facing foreclosure in Springboro, there are a few options available. They can consider selling the house for cash to a real estate investor, which can help them avoid the negative effects of foreclosure on their credit.

Another option is filing for bankruptcy, which may provide temporary relief by delaying the foreclosure process. Homeowners can also seek legal assistance to explore other potential solutions or negotiate with their lender.

The consequences of foreclosure in Springboro can be severe, resulting in the loss of the home and significant damage to the homeowner's credit.
Understanding the Foreclosure Process in Springboro
The foreclosure process in Ohio typically begins when a homeowner falls behind on their mortgage payments. The lender must then provide the homeowner with a written notice of default and intent to accelerate the loan, giving the homeowner at least 28 days to cure the default. If the default is not cured, the lender can then file a foreclosure complaint in court, and the homeowner will be served with a summons and complaint. [1]

Once the homeowner is served, they have 28 days to file an answer with the court. If no answer is filed, the court may enter a default judgment in favor of the lender. However, if an answer is filed, the case will proceed to litigation. During this time, the homeowner may have legal options to stop the foreclosure process, such as seeking a loan modification, entering into a repayment plan, or filing for bankruptcy.

The foreclosure timeline in Ohio can vary, but generally, the process takes around 6-12 months from the initial default to the foreclosure sale. Homeowners should be aware that if the property is sold at foreclosure, they may still owe a deficiency judgment if the sale proceeds do not cover the full amount owed.


Taking Action to Avoid Foreclosure in Springboro
For individuals facing foreclosure in Springboro, there are various options available to prevent this scenario. Exploring these options promptly upon realizing the potential of foreclosure is essential. By taking early action, individuals can potentially sidestep the stress and financial repercussions associated with foreclosure.

 	Communication with Your Lender

Engaging in dialogue with one's mortgage lender as soon as difficulty in making payments is anticipated is imperative. Lenders typically seek to avoid foreclosure due to its costs and time-consuming nature and can propose solutions such as loan modifications, repayment plans, or forbearance agreements. Forbearance allows for the temporary pausing of mortgage payments in the event of a short-term financial setback, providing individuals with the opportunity to stabilize their finances.

 	Government Assistance Programs

Homeowners should investigate federal programs designed to assist homeowners in distress. Programs like the Home Affordable Modification Program (HAMP) and the Home Affordable Refinance Program have been developed to help homeowners modify or refinance their mortgages under more favorable terms, potentially reducing monthly payments and avoiding foreclosure.

 	Mortgage Modification and Repayment Plans

A loan modification can adjust the terms of a mortgage to make payments more manageable by extending the loan term or reducing the interest rate. If an individual has missed a few payments, a repayment plan could help them catch up without the need to pay the entire past-due amount at once.

 	Utilizing HUD-Approved Housing Counselors

The Department of Housing and Urban Development (HUD) provides access to housing counselors who can offer free or low-cost advice on foreclosure avoidance strategies. These counselors can assist individuals in understanding their options and rights, and they may also act as intermediaries with lenders on the individual's behalf.

 	Exploring Property and Income Sources

Homeowners should consider selling non-essential assets or finding ways to increase their income, which could help in making their mortgage payments current. This might include selling a second car, jewelry, or taking on additional work.

 	Short Sale or Deed in Lieu of Foreclosure

If an individual is unable to keep up with payments and other options aren't viable, a short sale or a deed in lieu of foreclosure may be less harmful to their credit than a foreclosure. In a short sale, the home is sold for less than the mortgage amount with the lender's permission, while in a deed in lieu of foreclosure, the individual voluntarily transfers the home title to the lender.


Timeline of the foreclosure process in Springboro
The timeline of the foreclosure process in Springboro typically follows a similar pattern to that of other areas in Ohio.

 	Notice of Default

The foreclosure process in Springboro, Ohio begins with the notice of default, which is typically sent to the homeowner after they have missed three consecutive mortgage payments. The lender is required to send a written notice of default, providing the homeowner with an opportunity to cure the default and bring the mortgage current.

 	Auction Sale

If the homeowner fails to cure the default within the specified time period, the lender can initiate the foreclosure process by scheduling a public auction sale of the property. In Ohio, foreclosure auctions are typically conducted by the county sheriff or a private auctioneer.

 	Redemption Period

After the auction sale, the homeowner has a redemption period during which they can pay off the remaining balance on the mortgage and reclaim the property. The length of the redemption period varies depending on the circumstances of the foreclosure.

 	Duration

The entire foreclosure process in Springboro, Ohio can take anywhere from several months to over a year, depending on the specific legal requirements, the homeowner's response, and any potential delays in the court system.

If you want to avoid going through a foreclosure process in Springboro, our experienced foreclosure attorneys at the Law Offices of Richard West can help guide you through your options and help you take action to avoid foreclosure.
FAQs
What is the Best Way to Avoid Foreclosure in Springboro?

The most effective alternatives to foreclosure involve collaborating with your lender to bring your mortgage up to date, such as through a forbearance plan, loan modification, or repayment plan. [2]

When Does Foreclosure Take Place?

Foreclosure is the result of a homeowner failing to make mortgage payments for an extended time, usually around 120 days after the first missed payment. [3]

How Long Does Foreclosure Remain on A Credit Report?

The presence of a foreclosure entry on a credit report lasts for seven years from the initial missed payment that resulted in the foreclosure. [4]
Sources:
[1] Folger, J. (2022, September 16). What Are Your Legal Rights in a Foreclosure? Investopedia. https://www.investopedia.com/what-are-your-legal-rights-in-a-foreclosure-4846357

[2] Grace, M. (2024, January 2). Facing foreclosure? Here’s how to stop it. Business Insider. https://www.businessinsider.com/personal-finance/how-to-avoid-foreclosure

[3] Lee, J. (2024, February 11). How to stop foreclosure. Bankrate. https://www.bankrate.com/mortgages/how-to-avoid-foreclosure/

[4] Akin, J. (2021, July 1). How Long Does Foreclosure Take? Experian. https://www.experian.com/blogs/ask-experian/how-long-does-foreclosure-take/

### How Much Debt is Worth Filing Bankruptcy in Ohio?

If you are in debt, you may be considering filing for bankruptcy. Here are some factors to consider when making your decision.
How Much Debt Makes Bankruptcy Worth It?
One common benchmark for determining whether bankruptcy is worth pursuing is the amount of unsecured debt you owe, such as credit card debt, medical bills, and personal loans. If your unsecured debts exceed your annual income, bankruptcy may be a viable option for getting a fresh start. If your debt-to-income ratio is more than 50%, it may be a sign that your debt has become unmanageable and that bankruptcy could be a beneficial solution.

If you have a significant amount of student loan debt, be aware that this type of debt is generally not dischargeable in bankruptcy unless you can demonstrate undue hardship. On the other hand, if you have large amounts of high-interest credit card debt or medical bills that you are unable to pay, bankruptcy may offer a path to financial relief.

If you anticipate a significant increase in income that would allow you to repay your debts in the near future, bankruptcy may not be the best option. If you have valuable assets that would be subject to liquidation in a bankruptcy proceeding, weigh the potential loss against the benefits of debt discharge.

"Some have a 'rule of thumb' that suggests having at least $10,000 in dischargeable debt is enough to file for bankruptcy," says Brandon Robinson, president and founder of JBR Associates. But one-size-fits-all solutions in finance are rarely the best options. [1]


Factors That Will Help You Decide When To File Bankruptcy
If you're struggling to make minimum payments on your debts, constantly being hounded by creditors, or facing lawsuits or wage garnishment, it may be time to consider bankruptcy. Bankruptcy can provide relief from these stressful and damaging situations and give you a chance to start fresh.

Another factor to consider is the long-term impact of your debts. If you have a large amount of unsecured debt, such as credit card balances or medical bills, and it would take an unrealistic amount of time to pay off, bankruptcy may be a good option. This is especially true if your debts have led to a significantly reduced credit score, making it difficult to obtain new credit or loans.

If your current financial situation is unlikely to improve in the near future due to factors such as job loss, medical expenses, or other unforeseen circumstances, bankruptcy may be the best option to help you regain control of your finances.

If your debts are causing you significant stress, anxiety, or depression, filing for bankruptcy could provide relief and a fresh start.

While bankruptcy can provide relief from overwhelming debt and give you a chance to start over, it also comes with long-term effects on your credit and financial future.
Are You Able to Pay Off Your Debts Outside of Bankruptcy?
Before jumping into bankruptcy, explore whether you can pay off your debts outside of the bankruptcy process.

One option to consider is debt consolidation. This involves combining all of your debts into a single loan with a lower interest rate, making it easier to manage and pay off.

Another option is negotiating with your creditors to lower the amount you owe or establish a more manageable payment plan. Some creditors may be willing to settle for a reduced amount if it means they will get paid more quickly.

Budgeting and cutting expenses can also help you free up more money to put towards your debts. By creating a strict budget and finding ways to reduce your spending, you may be able to make significant progress in paying off your debts without the need for bankruptcy.

A financial counselor can help you assess your financial situation and provide guidance on the best course of action for paying off your debts. They can also provide educational resources on financial management and budgeting to help you avoid future debt problems.


How will Bankruptcy Affect My Credit?
Filing for bankruptcy can have a significant and negative impact on your credit. The specific effects will depend on the type of bankruptcy filed, but in general, bankruptcy can lower your credit score, making it more difficult to obtain future credit or loans.

A bankruptcy filing stays on your credit report for years, typically up to 7-10 years, which can hinder your ability to qualify for favorable interest rates, rent an apartment, or even find certain jobs.

Rebuilding credit after bankruptcy is possible. It may take time, but by responsibly managing new credit accounts, making timely payments, and demonstrating financial responsibility, you can gradually improve your credit score. Some lenders and credit issuers offer products specifically designed for individuals in post-bankruptcy situations to help them rebuild their credit.
How to Know Whether to File Chapter 7 or Chapter 13 Bankruptcy?
Chapter 7 bankruptcy, also known as liquidation bankruptcy, is designed for individuals with limited income and assets. In a Chapter 7 bankruptcy, your non-exempt assets are sold to pay off your creditors, and any remaining unsecured debts are discharged.

This option is best suited for individuals who have a significant amount of unsecured debt, such as credit card or medical bills, and little to no disposable income. Not all debts can be discharged in a Chapter 7 bankruptcy, and certain assets may be exempt from liquidation.

Chapter 13 bankruptcy, also known as reorganization bankruptcy, allows individuals to restructure their debts and create a repayment plan that spans over three to five years.

This option is best for individuals who have a regular income and are able to make monthly payments toward their debts but are struggling to keep up with their current obligations. Chapter 13 bankruptcy can also help prevent foreclosure and repossession of assets, as it allows individuals to catch up on missed mortgage and car payments.

Any individual, even if self-employed or operating an unincorporated business, is eligible for Chapter 13 relief as long as the individual's combined total secured and unsecured debts are less than $2,750,000 as of the date of filing for bankruptcy relief. 11 U.S.C. § 109(e). [2]


Have All Options to Avoid Bankruptcy Been Exhausted?
One of the first steps to take before considering bankruptcy is to evaluate the full extent of the financial situation. This means taking a hard look at all debts, assets, and income to determine if there are alternative options available. Create a comprehensive budget and financial plan to see if there are feasible ways to restructure and manage debt without resorting to bankruptcy.

Many creditors are willing to work with individuals to create a payment plan that fits their financial situation. Being open and honest about the financial hardships being faced and willing to make a good-faith effort to pay off debts can often lead to more favorable terms and potential relief from the burden of debt.

For homeowners, exploring options to refinance or modify mortgages can also provide some relief. Lowering monthly mortgage payments or restructuring the terms of a mortgage can help individuals stay in their homes and avoid the devastating effects of foreclosure.

Explore every available option before deciding on bankruptcy. Bankruptcy should be a last resort, as the consequences can be long-lasting.

Seeking guidance from financial advisors, credit counselors, and bankruptcy attorneys can provide valuable insights and options to consider before making a final decision.

Contact Richard West Law Office's bankruptcy lawyers today to schedule a consultation and take the first step towards a brighter financial future. Don't let debt hold you back any longer.
FAQs
Is there a minimum amount of debt required to file for bankruptcy in Ohio?

In Ohio, there is no minimum amount of debt required to file for bankruptcy. Whether an individual can file for bankruptcy is typically determined by their financial circumstances, including their ability to repay debts. The decision to file for bankruptcy may depend on various factors, such as income, assets, and the types of debts owed. Seek advice from a qualified bankruptcy attorney to assess your specific financial situation and determine if filing for bankruptcy is the appropriate course of action.

Can I keep any of my assets if I file for bankruptcy in Ohio?

In Ohio, individuals filing for bankruptcy typically have the opportunity to keep certain assets through exemptions provided by state and federal bankruptcy laws. These exemptions may allow individuals to retain essential property such as their primary residence, vehicle, personal belongings, and specific retirement accounts. The specific assets that can be retained will depend on the type of bankruptcy filed and the applicable exemption laws.

What are the consequences of filing for bankruptcy in Ohio?

Filing for bankruptcy in Ohio can have several consequences, including a significant impact on your credit score, making it more challenging to qualify for new loans or credit cards. Bankruptcy may require you to liquidate certain assets to repay creditors, depending on the type of bankruptcy filed. It can also result in the loss of non-exempt property, potentially affecting your financial stability. Bankruptcy filings are a matter of public record, and they can remain on your credit report for several years, impacting your ability to secure housing, obtain insurance, or even find employment.
Sources:
[1] Rodriguez, J. (2023, December 6). How much debt is worth filing for bankruptcy? CBS News. https://www.cbsnews.com/news/how-much-debt-is-worth-filing-for-bankruptcy/

[2] Chapter 13 - Bankruptcy Basics. (n.d.). United States Courts. https://www.uscourts.gov/services-forms/bankruptcy/bankruptcy-basics/chapter-13-bankruptcy-basics

### Chapter 7 Exemptions in Columbus, Ohio

Chapter 7 Exemptions in Columbus
In Columbus, Ohio, Chapter 7 bankruptcy exemptions allow individuals to protect certain assets from being liquidated to pay off debts.

The specific exemptions include a maximum allowed equity of $145,425 in a primary residence, $1,700 in cash on hand, $4,450 in motor vehicle value, and exemptions for household goods, jewelry, and personal injury compensation. [1]

For married couples filing jointly, these exemptions are doubled, allowing them to protect even more of their assets. In the bankruptcy process, a bankruptcy trustee is appointed to oversee the case. The trustee's role includes selling non-exempt assets to repay creditors.

The exemptions protect certain assets, allowing individuals to keep their homes, cars, and other essential belongings.
Bankruptcy Trustee and Exemptions
Navigating the complex process of bankruptcy in Columbus, Ohio involves working with a bankruptcy trustee who is appointed to oversee the case.

This individual plays a vital role in administering the bankruptcy estate, ensuring that creditors are paid fairly, and guiding the debtor through their obligations. [2] Knowing which exemptions apply in Columbus, can make a significant difference in the outcome of a bankruptcy case, providing a fresh start while safeguarding key assets.
Exemptions and Their Impact on The Bankruptcy Process
In Ohio, bankruptcy exemptions allow individuals to safeguard certain types of property from being used to satisfy their debts. These exemptions are pivotal in assisting individuals in retaining some of their assets while still going through the bankruptcy process.

In Chapter 7 bankruptcy, exemptions play a significant role in determining which property can be retained. The filer can keep exempt property while non-exempt property may be sold to settle debts.


Federal and State-Specific Exemption Options in Columbus, Ohio
In Columbus, Ohio, the state-specific exemption options for bankruptcy differ from the federal exemptions in several key ways. Ohio requires the use of state-specific exemptions, while in other states, debtors may be given the choice between federal and state options.

The Ohio exemption list is often enough to protect most assets, making it unnecessary for residents to consider the federal exemptions. When filing for Chapter 7 bankruptcy in Ohio, individuals can take advantage of state-specific exemptions to protect their assets from liquidation.

Some differences between the federal and Ohio exemptions include the types of property that can be exempt, the dollar amount of exemptions, and the ability to use unused exemptions for the homestead exemption.

Ohio residents must use the state-specific exemptions provided under Ohio law, which can provide a greater level of asset protection compared to the federal exemptions.
Personal Property Exemptions in Columbus, Ohio
In Columbus, Ohio, personal property exemptions protect certain assets from being seized to pay off debts, providing a level of protection for individuals and families in difficult financial situations.

By familiarizing themselves with the exemptions available in Columbus, individuals can ensure that essential items such as vehicles, household goods, and work tools are safeguarded in the event of financial challenges.

Whether facing bankruptcy or simply seeking to protect assets from creditors, being informed about personal property exemptions in Columbus is a crucial aspect of financial planning and legal strategy.
Real Estate Exemptions and Limitations Under Chapter 7 Bankruptcy
In Columbus, Ohio, real estate exemptions and limitations under Chapter 7 bankruptcy are determined by the state's exemption amounts and guidelines. For primary residence equity, individuals can exempt up to $145,425 of equity in their home. This means that if the equity in their primary residence does not exceed this amount, it is considered exempt from the bankruptcy process. [3]

There are limitations on these exemptions, and any property that exceeds the specified exemption amounts may be subject to liquidation in order to satisfy creditors.

Individuals filing for Chapter 7 bankruptcy in Columbus must understand these limitations and how they may impact the bankruptcy process. Proper knowledge of exemptions and limitations is required to protect assets and ensure a smoother bankruptcy process in Ohio.


Discussion on Homestead Exemption for Primary Residences in Columbus, Ohio
The homestead exemption is a program available statewide, allowing qualified senior citizens and permanently and totally disabled homeowners to lessen their property tax burden. This is done by protecting a portion of the appraised value of their home from taxation, and it takes the form of a credit on their property tax bills.

The homestead exemption for senior and disabled persons enables eligible homeowners to exclude the first $26,200 of their home's assessed value from taxation.

The enhanced homestead exemption for disabled veterans and the homestead exemption for surviving spouses of public service officers killed in the line of duty enables eligible homeowners to exempt the initial $52,300 of their home's appraised value from taxation as determined by the auditor. [4]

The homestead exemption can protect equity in a primary residence by reducing the property tax burden, allowing homeowners to maintain more of their equity.

This protection extends to assets such as the home itself and the land it sits on, as well as any improvements made to the property.
Unsecured Debts and Exemptions
Unsecured debts that can typically be discharged in a Chapter 7 bankruptcy in Columbus, Ohio include credit card debt, medical bills, personal loans, and utility bills.

Exemptions available in Ohio to protect certain property in a Chapter 7 bankruptcy include homestead exemptions to protect a certain amount of equity in a primary residence, and exemptions for personal property.

In a Chapter 7 bankruptcy filing, unsecured debts are addressed by the bankruptcy trustee who liquidates the debtor's non-exempt assets to repay creditors.

The debtor may also have the option to negotiate a payment plan with creditors. For secured debts, the debtor usually has the option to surrender the collateral, restructure the debt through a repayment plan, or redeem the collateral by paying its current value to the creditor.



If you are interested in filing for Chapter 7 bankruptcy, the experienced bankruptcy attorneys at The Law Office of Richard West are here to help. Call today for a free consultation.
FAQs
Can I Keep My Car if I File Chapter 7 in Ohio?

You’ll be able to exempt up to $4,450 of equity in one vehicle. (Ohio Rev. Code Ann. 2329.66(A)(2).) But if your car is financed, you’ll have to meet other requirements. [5]

What is a Bankruptcy Trustee?

A bankruptcy trustee is a person appointed by the United States Trustee, an officer of the Department of Justice, to represent a debtor’s estate in a bankruptcy proceeding.

What is the maximum amount for primary residence equity in Columbus, for Chapter 7 Bankruptcy?

The specific exemption is a maximum allowed equity of $145,425 in a primary residence. [1]
Sources:
[1] Team, T. U., & Wimmer, A. A. (2022, March 31). What Are the Ohio Bankruptcy Exemptions? Upsolve. https://upsolve.org/learn/oh-exemptions/#ohio-bankruptcy-exemptions

[2]  Attorney, C. O. (2023, December 15). Filing for Bankruptcy in Ohio. www.nolo.com. https://www.nolo.com/legal-encyclopedia/filing-bankruptcy-ohio.html#7

[3] Finet, J. P., J.D. (2023, April 23). Ohio Bankruptcy Exemptions and Law [Review of Ohio Bankruptcy Exemptions and Law]. FINDLAW. https://www.findlaw.com/bankruptcy/bankruptcy-laws-by-state/ohio-bankruptcy-exemptions-and-law.html

‌[4] Franklin County Auditor. (n.d.). https://www.franklincountyauditor.com/real-estate/homestead

[5] Attorney, C. O. (2023, December 15). Ohio Bankruptcy Exemptions. https://www.nolo.com/legal-encyclopedia/ohio-banruptcy-exemptions.html

### Wage Garnishment Law and Statistics in the U.S.

Are you dealing with wage garnishment issues? You need to know wage garnishment law and understand the statistics behind wage garnishment in the U.S.

By understanding the laws and statistics surrounding garnishment, you can take control of your financial situation and protect your hard-earned money.
Wage Garnishment
A wage garnishment is a legal or equitable procedure where a portion of an individual's earnings is withheld to pay a debt. Court orders typically initiate most garnishments. Other forms of legal or equitable garnishment procedures include levies by the Internal Revenue Services (IRS) or state tax collection agencies for unpaid taxes and administrative garnishments by federal agencies for non-tax debts owed to the government. [1]

Following are the other most common types of unpaid debt that lead to wage garnishment:

 	Credit card and other personal loans
 	Child support payment
 	Default student loans
 	Medical bills
 	Unpaid taxes

Wage Garnishment Laws in The U.S.
Each state has its laws and regulations regarding wage garnishment, and it is significant for employers and employees to understand their rights and responsibilities in these situations.

Knowing about federal minimum wage and disposable income is important before understanding wage garnishment laws in the U.S. The federal minimum wage sets the lowest hourly wage employers can legally pay their employees. At the same time, disposable earnings refer to the amount of income left after taxes and other mandatory deductions, including federal government taxes, state taxes, and local taxes, and the employee’s share of social security, medical care, and state unemployment Insurance tax, have been made.

Wage garnishment laws in the U.S. are governed by the Consumer Credit Protection Act (CCPA) Title III, which limits the amount that can be garnished from a person's wage. According to the CCPA, creditors can only garnish up to 25% of a person's disposable earnings, or the amount by which their earnings exceed 30 times the federal minimum wage, whichever is less. [1]

For example, there can be no garnishment if the disposable earnings are $217.50 or less for the weekly pay period. The excess can be garnished if disposable earnings exceed $217.50 but are less than $290. If disposable earnings are $290 or more, a maximum of 25% can be garnished. For biweekly pay periods, two times the weekly limits are used to calculate the maximum amounts that may be garnished.

Title III limits the amount of earnings garnished for child support or alimony, allowing up to 50% of disposable earnings to be garnished or 60% if the worker is not supporting another spouse or child. An additional garnishment of 5% may be imposed for support payments that are more than 12 weeks in arrears. [1]

The CCPA Title III prohibits an employer from terminating an employee due to their earnings being garnished for a single debt, regardless of the number of attempts to collect that amount. However, the CCPA allows for discharge if an employee's earnings are garnished for multiple debts separately. [1]


Wage Garnishment Statistics in U.S.
ADP report reveals the following facts about payroll garnishment for consumer debts [2]

 	In 2019, more than 4.5 million workers had their wages garnished for consumer debts
 	The Midwest has the highest rate of garnishment for consumer debts in the country, 40% above the national rate
 	Indiana's garnishment rate is nearly double the national rate, and Michigan's rate is over 70% higher
 	Manufacturing has the highest rate of garnishment for consumer debts at 3.8%
 	Low and moderate-wage workers, earning $25,000 to $39,999 annually, have the highest garnishment rates, reaching up to 4.6%.
 	In 2019, over one in 100 workers had their wages garnished for delinquent debt.
 	On average, a garnished worker experiences five months of garnishment, with about 11% of gross earnings remitted to their creditor(s) [3]

Differences Between Ordinary and Consumer Debt Garnishments
Ordinary and consumer debt garnishments differ in the type of debt they encompass and their impact on wages. Ordinary garnishments involve debt obligations such as alimony, child support, and defaulted student loans, while consumer debt garnishments may involve unpaid taxes, credit card debt, or medical bills.

When it comes to impact on wages, ordinary garnishments may have a higher priority and could result in a more significant portion of wages being withheld. Individuals work with family courts or other government agencies for ordinary garnishments, while consumer debt garnishments often involve working directly with creditors or collection agencies.

Garnishment for most types of consumer debt may occur after a creditor wins a judgment in court. It allows the creditor to take a portion of the consumer’s wages, administered by the employer, to pay off the judgment. It cannot be used for necessities and goes towards paying old debts, like medical or credit cards, which the creditor may have bought for less than the original amount. [2]


Are There Any Exceptions to the Wage Garnishment Limit Under CCPA Title III?
Under Title III of the CCPA, social security benefits are generally exempt from wage garnishment, with few exceptions. It means that creditors cannot garnish a portion of your social security benefits to pay off debts. It is in place to protect the financial security of individuals who rely on social security benefits as their primary source of income.

However, there are specific exceptions to Title III's limitations on wage garnishments for social security benefits. Unpaid federal or state taxes and bankruptcy court orders do not have a garnishment cap, which means that these entities may be able to garnish a portion of your social security benefits to satisfy these debts. [4]

The Debt Collection Improvement Act permits federal agencies or their contracted collection agencies to garnish up to 15% of disposable earnings to repay defaulted debts to the U.S. government.

The Higher Education Act also allows the Department of Education's guaranty agencies to garnish up to 15% of disposable earnings to repay defaulted federal student loans. If the total garnishments are less than 25% of disposable incomes, questions about them should be directed to the agency responsible for the withholding, as long as they fall within Title III's limits. [4]

Contact us the Richard West Law Office today to better understand your rights and legal procedures when facing wage garnishment.
FAQs
Can my wages be garnished without a court order?

Usually, a creditor must obtain a court order before garnishing your wages. However, there are exceptions for certain types of debts, such as unpaid taxes and child support, where a court order may not be required.

Can I stop a wage garnishment?

Depending on the circumstances, you may be able to stop a wage garnishment by negotiating a payment plan with the creditor, filing for bankruptcy, or proving a financial hardship.
Sources:
[1] Fact Sheet #30: The Federal Wage Garnishment Law, Consumer Credit Protection Act’s Title III (CCPA). (n.d.). DOL. https://www.dol.gov/agencies/whd/fact-sheets/30-cppa

[2] WAGE GARNISHMENT FOR CONSUMER DEBTS. (n.d.). National Consumer Law Center. Retrieved February 8, 2024, from https://www.nclc.org/wp-content/uploads/2022/10/IB_Wage_Garnishment_Covid_and_Beyond.pdf

[3] DeFusco, A., Enriquez, B., & Yellen, M. (2022, December 1). Wage Garnishment in the United States: New Facts from Administrative Payroll Records. https://doi.org/10.3386/w30724

[4] Fact Sheet #30: The Federal Wage Garnishment Law, Consumer Credit Protection Act’s Title 3 (CCPA). (n.d.). U.S. Department of Labor. Retrieved February 16, 2024, from https://www.govinfo.gov/content/pkg/GOVPUB-L36-PURL-LPS101648/pdf/GOVPUB-L36-PURL-LPS101648.pdf

### Tax Consequences of Filing for Bankruptcy

Tax Consequences - Filing for Bankruptcy
In moments of financial distress, filing for bankruptcy often emerges as a daunting yet necessary step toward a fresh start. While it provides a pathway to alleviate overwhelming debts and regain financial stability, the decision to declare bankruptcy carries multifaceted implications, including its impact on tax obligations.

The tax implications for debts and assets can vary depending on the type of bankruptcy filed and the specific circumstances of the debtor. Here are some key tax considerations to keep in mind when filing for bankruptcy.

 	Discharge of Tax Debts:  In some cases, bankruptcy can lead to the discharge of certain tax debts. However, not all tax debts are eligible for discharge. Generally, income taxes that are more than three years old and meet certain other criteria can be discharged in bankruptcy. However, other types of taxes, such as payroll taxes and trust fund taxes, cannot be discharged.
 	Exemption of Tax Issues:  Bankruptcy can provide certain exemptions for tax issues. For example, the automatic stay that goes into effect upon filing for bankruptcy can temporarily suspend any collection actions by the IRS or other tax authorities.
 	Impact on Future Tax Returns:  The bankruptcy process may impact your future tax returns. It is necessary to file all required tax returns on time and accurately both before and during the bankruptcy proceedings. Failure to do so can result in complications and potential penalties.
 	Treatment of Tax Refunds:  Tax refunds may be considered part of the bankruptcy estate and subject to distribution to creditors. If you are expecting a tax refund, consult a bankruptcy lawyer to understand how it will be treated in your specific bankruptcy case.


Tax Debts & Bankruptcy Estate
Tax debts and their treatment in the context of a bankruptcy estate can vary depending on the type of bankruptcy filed and the specific circumstances of the debtor. In general, tax debts can be included in a bankruptcy estate and may be subject to discharge.

Whether tax debts can be discharged in bankruptcy depends on several factors. In a Chapter 7 bankruptcy case, the debtor must meet certain requirements for tax debt to be eligible for discharge.

These requirements include that the tax debt must be income-based, at least three years old, and the debtor must have filed a tax return for the related tax period at least two years prior to the bankruptcy filing.

The IRS must have assessed the tax at least 240 days prior to the bankruptcy filing.
Tax Refunds & Filing for Bankruptcy
When filing for bankruptcy, one of the key concerns for debtors is the treatment of their tax refunds. In general, tax refunds are considered to be a part of the debtor's bankruptcy estate. This means that the bankruptcy trustee, who is responsible for overseeing ng the bankruptcy proceedings, may have the authority to seize the debtor's tax refunds to pay off creditors.

The treatment of tax refunds can vary depending on the type of bankruptcy filing. In a Chapter 7 bankruptcy, where the debtor's assets are liquidated to repay creditors, tax refunds may be subject to seizure by the trustee.

This is because any assets or property that are not exempted under bankruptcy laws may be used to satisfy the debtor's outstanding debts. On the other hand, in a Chapter 13 bankruptcy, where the debtor follows a repayment plan to gradually pay off their debts, the treatment of tax refunds is different.

The debtor may be required to contribute a portion of their tax refunds towards their repayment plan. This is because the debtor's disposable income, including tax refunds, is considered when creating a repayment plan. [1]


Treatment of Income Taxes in Bankruptcy Cases
In bankruptcy cases, the treatment of income taxes depends on the creation of the bankruptcy estate at the beginning of the proceedings. The bankruptcy estate encompasses all of the debtor's legal and equitable interests in property, including income taxes owed.

Certain property may be exempted or excluded from the bankruptcy estate, meaning it cannot be seized or used to repay creditors. These exemptions vary depending on the bankruptcy laws of the jurisdiction in which the case is filed.

When it comes to income taxes, whether they are subject to seizure or exempted from the bankruptcy estate can depend on several factors. The type of bankruptcy filing plays a significant role.

 	In a Chapter 7 bankruptcy,  where assets are liquidated to repay debts, income taxes may be subject to seizure by the bankruptcy trustee.  Any assets or property that is not exempted under bankruptcy laws can be used to satisfy the debtor's outstanding obligations.
 	In contrast, a Chapter 13 bankruptcy  involves a repayment plan where the debtor gradually pays off their debts. In this case, income taxes may still be included in the bankruptcy estate, but the debtor may be required to contribute a portion of their tax refunds toward the repayment plan.

This is because the debtor's disposable income, which can include tax refunds, is considered when creating the repayment plan.
Federal Income Tax Return & Individual Tax Return in Bankruptcy Proceedings
While filing for bankruptcy does not relieve the debtor of their obligation to file income tax returns, it can affect the nature, timing, and extent of their tax obligations. When a debtor files for bankruptcy, their tax obligations become part of the bankruptcy estate. The bankruptcy estate includes all of the debtor's legal and equitable interests in property, including any income taxes owed.

The timing of the bankruptcy filing can impact the tax obligations of the debtor. If a bankruptcy petition is filed before the individual tax return due date, the debtor may have the option to include their tax liabilities in the bankruptcy proceedings.

If the bankruptcy is filed after the tax return due date, the tax debts may not be dischargeable and must be paid outside of the bankruptcy process. The actions and financial activities during the bankruptcy case can create unanticipated tax consequences. For instance, if the trustee sells assets from the bankruptcy estate, the debtor may incur taxable gains or losses.


Social Security Benefits and Bankruptcy
There are special rules and considerations regarding treating Social Security benefits in bankruptcy cases.

Social Security benefits are generally not considered part of the bankruptcy estate. This means that these benefits are typically protected and cannot be used to pay off the individual's debts. As a result, the debtor can usually continue to receive their Social Security benefits throughout the bankruptcy process.

There are exceptions to this rule where if the debtor receives additional funds along with their Social Security benefits, it may result in the loss of their protected status and become part of the bankruptcy estate. If the debtor owes spousal or child support, the court may order a portion of the Social Security benefits to be used for these obligations.

While Social Security benefits are usually exempt from the bankruptcy process, they can still impact the debtor's overall financial situation. If the debtor has other sources of income in addition to their Social Security benefits, they may need to include that income when determining their eligibility for certain bankruptcy relief options.

Contact the experienced bankruptcy attorneys at Richard West's Law Office to learn more about the tax consequences of filing for bankruptcy.
FAQs
What is the bankruptcy estate filing threshold?

The requirement to file a tax return for a bankruptcy estate in tax year 2022 applies when gross income reaches or exceeds $12,950, which is equivalent to the standard deduction for married individuals filing a separate return and is typically adjusted on an annual basis.

Does bankruptcy also relieve the debtors of filing income tax returns?

Although a bankruptcy filing does not exempt the debtor from their regular obligation to file income tax returns, it can significantly alter the nature, timing, and extent of their tax payment obligations.

What is a debtor in possession?

The term “debtor in possession” refers to a debtor who retains possession and control of their assets while going through a specific process.
Source:
[1] Declaring Bankruptcy | Internal Revenue Service. (n.d.). https://www.irs.gov/businesses/small-businesses-self-employed/declaring-bankruptcy

### Can Student Loans be Discharged Through Bankruptcy?

Student Loan Debt Crisis in The US
The student loan debt crisis in the US has become a significant issue. As of March 2023, there are approximately 44 million Americans who have a total of $1.6 trillion in student loan debt. [1]

The increasing number of borrowers walking away from debt from student loans in bankruptcy reflects the severity of the crisis, with many struggling to make ends meet and facing insurmountable financial burdens. Minority borrowers, in particular, face significant challenges in managing college debt, with higher dropout rates and lower earnings exacerbating the impact of student loan debt.

The impact of student loan debt extends beyond individuals, affecting the economy as a whole. High levels of student loan debt can delay major life milestones such as buying a home or starting a family, hindering economic growth.
The Current State of Student Loan Discharge in Bankruptcy
Student loan discharge in bankruptcy has been a topic of much debate and concern in recent years. As the cost of higher education continues to rise, many borrowers are saddled with significant student loan debt that they cannot repay.

Many people assume you cannot discharge student loans in bankruptcy. Bankruptcy and student loans don’t mix well. It has always been nearly impossible to discharge student loans in bankruptcy, but there are ways to pursue this relief.


Difficulty in Discharging Student Loans Compared to Other Types of Debt
Discharging student loans in bankruptcy presents unique challenges not typically faced when discharging other types of debt. One major hurdle is the separate lawsuit that must be filed against the government to prove "undue hardship" to discharge student loans, which is a complex and time-consuming process.

Undue hardship is not a term defined by law. Bankruptcy courts, in evaluating student loan discharge in bankruptcy cases, have established standards, rules and tests which vary by jurisdiction.  The judge makes the call.

Typically debtors only need to demonstrate their inability to pay their debts to be granted a discharge. Many lawyers are reluctant to take on student loan discharge cases due to the added difficulty and uncertainty compared to other bankruptcy cases.

This can leave student loan borrowers struggling to find legal representation, further complicating the process. Other types of debt can often be discharged much more easily.
Federal Student Loans and their Eligibility for Discharge
To discharge federal student loans in bankruptcy, individuals must meet certain eligibility criteria. This includes demonstrating "undue hardship," which involves proving that repaying the loan would cause an undue burden on the debtor and their dependents. [1]

Recent initiatives such as the "Borrower Defense to Repayment" and "Total and Permanent Disability Discharge" may impact the process, providing additional pathways for discharging federal student loans in certain circumstances.

Factors that determine eligibility for discharge include the debtor's income, expenses, and ability to maintain a minimal standard of living while repaying the loan. Recent changes in federal policies may also impact the eligibility criteria for discharging federal student loans in bankruptcy.


Factors Considered in Determining Undue Hardship
Factors that are considered in determining undue hardship for student loans include living in poverty, inability to maintain a basic standard of living, and making a good-faith effort to repay the loans. Courts use the Brunner test to evaluate whether paying back student loans poses an undue hardship.

In addition to the Brunner test, the "totality of circumstances test" is also used by courts to evaluate undue hardship. This test takes into account multiple factors, including the debtors:

 	Income
 	Employment prospects
 	Expenses
 	Family size
 	Health

By considering the totality of circumstances, the court can assess more comprehensively whether repaying student loans would create an undue hardship for the debtor.

If you're considering filing for bankruptcy, contact the experienced bankruptcy attorneys at the Law Offices of Richard West to discuss your options.
Source:
[1] What does “Undue Hardship” mean? - A Deconstructive Series for ADA Terminology. (n.d.). https://askjan.org/articles/Undue-Hardship-is-a-Process.cfm

### How to Stop Creditors in Columbus, Ohio

Every day, individuals and families are bombarded with relentless phone calls, threatening letters, and aggressive tactics from creditors, adding to their already overwhelming stress and anxiety.

This pressure often leads to feelings of helplessness and hopelessness. If this is you, this article is meant to help you navigate your financial challenges.
How Bankruptcy Can Help Stop Creditors in Columbus, Ohio
Filing for bankruptcy in Columbus, Ohio can provide individuals with immediate relief from creditors through the legal protection of the automatic stay. This provision halts all collection activities, including wage garnishments and creditor harassment, giving debtors a temporary break from the relentless pursuit of creditors. The automatic stay also stops foreclosure proceedings, repossessions, and lawsuits, providing a breathing space for individuals burdened with debt.

The benefits of the automatic stay are numerous, as it gives debtors the opportunity to reorganize their finances without the constant pressure of creditor actions. This legal protection provides individuals with the opportunity to work with their bankruptcy attorney to create a plan for managing their debt and potentially achieving a fresh financial start.

This automatic stay in bankruptcy provides individuals in Columbus, Ohio with a critical tool to stop creditors and their collection activities, allowing them the time and space to address their financial challenges.


Steps to Stop Creditors in Columbus
When dealing with creditors in Columbus, Ohio, there are some steps you can take to put an end to creditor harassment:

 	Contact an Attorney:  Consider consulting a qualified attorney to help you navigate the legal process and protect your rights.
 	Contact the Creditor:  Reach out to the creditor directly and request that they cease all communication. If possible, negotiate a repayment plan that you can afford or request that they write off the debt.
 	File for Bankruptcy:  If you are unable to negotiate with creditors, filing for bankruptcy may be an option. Bankruptcy can discharge most of your debt, but it may come with long-term financial consequences.

By taking these steps, you can find relief from creditor harassment.
Bankruptcy Laws in Ohio
Bankruptcy laws provide individuals with two main options for filing for bankruptcy: Chapter 7 and Chapter 13.

To be eligible for Chapter 7, individuals must pass a means test to show that their income is below a certain threshold. This test compares the individual's income to the median income in their state to determine eligibility.

In Chapter 7 bankruptcy, most types of debts can be discharged, including credit card debt, medical bills, and personal loans. Certain debts, such as student loans, child support, and certain tax obligations, are not dischargeable in bankruptcy.

For Chapter 13, individuals must have a regular source of income to create a plan to repay all or part of their debts. The automatic stay provision is an important component of federal bankruptcy laws. It immediately stops pending lawsuits, collection efforts, and creditor actions upon filing for bankruptcy.


Fair Debt Collection Practices Act
The Fair Debt Collection Practices Act (FDCPA) is a federal law aimed at protecting consumers from abusive debt collection practices.

In light of Ohio's Consumer Sales Practices Act (CSPA), consumers have rights when dealing with debt collection agencies.

The FDCPA restricts collection agencies from engaging in harassment, using deceptive practices, or making false statements when attempting to collect a debt. Consumers have the right to dispute the debt and request validation of the amount owed. [1]

If a debt collection agency violates the FDCPA, consumers may be entitled to damages and the collection agency may face legal consequences.

The FDCPA sets clear guidelines to ensure that debt collection practices are fair and respectful. It provides consumers with the ability to challenge the validity of a debt and protects them from abusive tactics.

By understanding and exercising their rights under the FDCPA, consumers can defend themselves against unfair debt collection practices and the potential consequences of debt collection lawsuits. This law serves as a vital tool in ensuring that consumers are treated fairly and with respect in the debt collection process.

If you are struggling with creditors, contact Richard West's law office today to discuss debt relief options and bankruptcy in Columbus, Ohio.
Source:
[1] What laws limit what debt collectors can say or do? | Consumer Financial Protection Bureau. (2023, April 14). Consumer Financial Protection Bureau. https://www.consumerfinance.gov/ask-cfpb/what-laws-limit-what-debt-collectors-can-say-or-do-en-329

### Eviction in Columbus, Ohio

Facing Eviction in Columbus
Facing eviction in Columbus can be an incredibly challenging experience, but there are avenues of support and resources available to you. From navigating local tenant laws to seeking legal advice, it is worth the time to learn about the available options.
What is Eviction?
Eviction is the legal process of removing a tenant from a rental property. This typically occurs when a tenant fails to pay rent, violates the terms of the lease, or otherwise breaches their rental agreement. [1]

The process of eviction typically starts with the landlord providing the tenant with a notice to vacate the property. This notice will specify the reason for the eviction and give the tenant a certain amount of time to move out. [2]

If the tenant does not comply with the notice, the landlord can then file a lawsuit to have the tenant evicted through the court system.

Once the lawsuit is filed, the tenant will have the opportunity to respond to the eviction notice and present their case in court. If the court rules in favor of the landlord, a sheriff or other law enforcement officer will then carry out the eviction, physically removing the tenant and their belongings from the property.
Can I Stop Eviction if I File for Bankruptcy?
Chapter 7 bankruptcy can temporarily delay the eviction process by triggering an automatic stay. This legal protection prohibits creditors, including landlords, from taking any further collection actions, including eviction proceedings.

The landlord can petition the bankruptcy court for relief from the automatic stay, allowing them to proceed with the eviction. If the landlord can prove that you have no equity in the property and that the eviction would not violate state law, the court may grant the request, and the eviction can proceed.

Chapter 13 bankruptcy may offer a more sustainable solution to stopping eviction. In this type of bankruptcy, you can propose a repayment plan that includes catching up on past due rent payments over a period of three to five years. As long as you adhere to the terms of the repayment plan, the automatic stay will remain in place, preventing the landlord from evicting you.

Filing for bankruptcy does not automatically absolve you of your responsibility to pay rent. Even if the eviction process is temporarily halted, you will still be required to make ongoing rent payments to the landlord. Failure to do so can result in the landlord being able to resume the eviction process.


What Are My Rights as a Tenant Being Evicted?
You have the right to receive proper notice of eviction. Landlords are typically required to provide written notice of eviction, stating the reason for eviction and the date by which you are required to vacate the property.

The notice period is typically around 30 days. If your landlord does not provide proper notice, you may have grounds to challenge the eviction in court. You also have the right to contest the eviction if you believe it is unjust or unlawful. You can do this by filing a formal objection with the court and presenting any evidence or documentation that supports your case. The eviction may be halted or delayed if the court rules in your favor.

Landlords are not allowed to use "self-help" eviction methods, such as changing the locks or shutting off utilities, in an attempt to force a tenant out. If your landlord engages in these illegal tactics, you have the right to take legal action against them.

In the unfortunate event that you are ultimately evicted from your rental property, you have the right to retrieve your personal belongings and have a reasonable amount of time to do so. Your landlord must also follow specific procedures for disposing of any belongings left behind.
What Help is Available if I Am Being Evicted?
One of the first steps to take if you are being evicted is to reach out to your local housing authority or community organization. These organizations often have resources and programs in place to provide support and assistance to individuals facing eviction. They can help you understand your rights as a tenant, navigate the legal process, and connect you with financial resources to help you stay in your home.

You can also communicate with your landlord or property management company. They may be willing to work with you on a payment plan or other arrangements to avoid eviction. Being proactive and open about your situation can sometimes lead to a mutually beneficial solution.

If you are struggling to make ends meet and facing financial hardship, government assistance programs are available to help with housing costs. Programs such as Section 8 vouchers, low-income housing, and rental assistance programs can provide much-needed financial support to help you stay home.

Many communities have legal aid organizations or pro bono legal services that can provide free or low-cost legal representation and advice to tenants facing eviction.


Are you facing the stressful situation of eviction in Columbus, Ohio?
Contact the Richard West Law office today for a free consultation and take the first step towards resolving your eviction case and securing your housing. We're here to help you every step of the way.
Sources:
[1] Franklin County Municipal Court. (n.d.). https://municipalcourt.franklincountyohio.gov/Courts/Eviction-Court

[2] LibGuides: Ohio Law Time Lines: Eviction. (n.d.). https://fclawlib.libguides.com/Courtprocesses/evictions

### How Long Does it Take to File Bankruptcy in Columbus, Ohio?

Bankruptcy in Columbus
Bankruptcy offers relief to Columbus debtors who are overwhelmed by their financial obligations and provides them with an opportunity to start afresh. It can be filed voluntarily by the debtor or initiated by their creditors through a court order.

Once bankruptcy is declared, the debtor is given financial protection and the courts take control over their remaining assets. The ultimate objective of bankruptcy is to provide a fair resolution for both the debtor and the creditors and to enable the debtor to rebuild their financial standing.

Are you drowning in debt and feeling overwhelmed? It's time to take control of your financial situation. Contact our bankruptcy attorneys in Columbus, Ohio today to schedule a consultation and take the first step towards a brighter financial future
Bankruptcy Timeframes
Filing for bankruptcy can provide relief for individuals and businesses facing overwhelming debt. The process can vary depending on the chapter of bankruptcy being filed. Here's a breakdown of the typical time it takes to file for each chapter of bankruptcy.

 	Chapter 7 Bankruptcy: Filing for Chapter 7 bankruptcy typically takes around 3 to 6 months to complete.
 	Chapter 11 Bankruptcy:  Filing for Chapter 11 bankruptcy can be a lengthy process, usually taking 1 to 2 years to complete, but it could also take longer.
 	Chapter 12 Bankruptcy:  Filing for Chapter 12 bankruptcy often takes 3 to 6 months to complete, but the process could be lengthier in certain cases.
 	Chapter 13 Bankruptcy:  Filing for Chapter 13 bankruptcy usually takes 3 to 5 years to complete.
 	Chapter 15 Bankruptcy:  Filing for Chapter 15 bankruptcy timelines can vary significantly based on the complexity and international factors, but it often takes several months to complete.

Debtors must note that the timeline for bankruptcy filing in each chapter can be influenced by factors such as the complexity of the case, court caseload, and individual circumstances.


Preparing to File for Bankruptcy in Columbus, Ohio
Before filing for bankruptcy in Columbus, Ohio, proper preparation is essential to ensure a smooth and successful process.

This involves understanding the different chapters of bankruptcy available, gathering necessary documents, assessing your financial situation, seeking professional guidance, and fulfilling pre-filing requirements.

By taking the time to thoroughly prepare, individuals in Columbus, Ohio can navigate the bankruptcy process more effectively and achieve a fresh financial start.

 	Understanding the Different Chapters of Bankruptcy

Columbus residents should familiarize themselves with Chapter 7, Chapter 13, and potentially Chapter 11 bankruptcy, each serving distinct purposes such as liquidation, reorganization, or debt adjustment respectively.

Understanding the eligibility requirements and consequences of each chapter will enable individuals to make informed decisions when preparing to file for bankruptcy.

 	Gathering Necessary Documents

To successfully file for bankruptcy, certain documents must be gathered and organized. This typically includes recent tax returns, pay stubs, bank statements, debt information, and a comprehensive list of assets and liabilities.

Collecting and organizing these documents in advance will save time and ensure accurate completion of the necessary bankruptcy forms.

 	Assessing Your Financial Situation

Before filing for bankruptcy, assessing your financial situation objectively is essential. This involves evaluating income, expenses, assets, and debts, to gain a clear understanding of the extent of your financial difficulties.

By thoroughly assessing your situation, you can better determine if bankruptcy is the most suitable option and create a recovery plan.

 	Seeking Professional Guidance

Filing for bankruptcy can be complex, and seeking professional guidance is highly recommended. Consulting with our knowledgeable bankruptcy attorney in Columbus, Ohio will provide individuals with essential legal advice, assistance with paperwork, and representation during the bankruptcy process.

Partnering with our experienced professionals will ensure compliance with legal requirements and enhance the chances of a successful bankruptcy discharge.

 	Fulfilling Pre-filing Requirements

Before filing for bankruptcy in Columbus, individuals must complete certain pre-filing requirements. This includes mandatory credit counseling from an approved agency to explore alternatives to bankruptcy and create a personal budget plan.

Attending a debtor education course after filing is required. Understanding and fulfilling these pre-filing requirements is crucial to meet legal obligations and proceed smoothly through the bankruptcy process.


Types of Bankruptcy in Columbus, Ohio
By understanding the different types of bankruptcy and their respective requirements, individuals and businesses can make informed decisions and take the necessary steps to regain control of their financial future.

 	Chapter 7 Bankruptcy

Chapter 7 bankruptcy is a legal process that aims to provide individuals or businesses with a fresh start by eliminating most of their debts. [1]

This process involves several steps, starting with filing a bankruptcy petition and culminating in the discharge of your or your business's debts. The first step in filing for Chapter 7 bankruptcy is to complete mandatory credit counseling within 180 days prior to filing.

Once completed, you or your business must gather key documents such as proof of income, tax returns, a list of assets and liabilities, and recent financial statements. After compiling these documents, a bankruptcy petition with the appropriate bankruptcy court in their jurisdiction must be filed.

Filing the petition triggers an automatic stay, which puts an immediate halt to collection calls, wage garnishments, and other debt collection activities. Following the filing of the petition, the individual or business must attend a meeting of creditors. During this meeting, creditors may question the debtor about their financial affairs and assets. However, this meeting is typically brief and straightforward.

After the meeting of creditors, a bankruptcy trustee is appointed to oversee the case. The trustee's role is to review the individual's or business's financial situation and determine if any non-exempt assets can be sold to repay creditors.

If there are no significant assets to sell or disputes raised by creditors, the individual or business may obtain a discharge, which releases them from personal liability for most debts. This discharge provides debt relief by wiping out most of the debts in the bankruptcy filing.

 	Chapter 13 Bankruptcy

Chapter 13 bankruptcy is a legal process that allows individuals to consolidate their debts and create a repayment plan. This bankruptcy option is often chosen by individuals who have a steady income and want to repay their debts over time. [2]

One key feature of Chapter 13 bankruptcy is the ability to consolidate debts into a single manageable monthly payment. This repayment plan is tailored to the individual's income and expenses, ensuring that it is realistic and affordable for them. By consolidating debts, individuals can avoid dealing with multiple creditors and simplify their financial situation.

Another important aspect of Chapter 13 bankruptcy is the maximum debt limits. As of 2021, an individual's unsecured debts must be less than $419,275, and secured debts must be less than $1,257,850 in order to be eligible for Chapter 13 bankruptcy.

Chapter 13 bankruptcy typically lasts for a timeframe of up to five years. During this period, the individual must make consistent monthly payments towards their consolidated debt. These payments are based on their income and must be made on time.


Other Types of Bankruptcies
In addition to Chapter 7 and Chapter 13 bankruptcies, there are several other types of bankruptcies in the United States, each tailored to address specific financial situations. Three notable types of bankruptcies are Chapter 11, Chapter 12, and Chapter 15.

Chapter 11 bankruptcy is primarily designed for businesses, but it can also be used by individuals with substantial debts. Unlike Chapter 7 bankruptcy, which involves liquidating assets to pay off creditors, Chapter 11 bankruptcy focuses on reorganizing and restructuring debts to allow the entity to continue its operations. While it may be a complex and lengthy process, Chapter 11 bankruptcy can provide businesses a chance to reemerge financially stable.

Chapter 12 bankruptcy is specifically designed for family farmers and fishermen. It provides a streamlined process for farmers and fishermen to restructure their debts and create a feasible repayment plan. This allows qualifying individuals to continue their agricultural or fishing operations while repaying their creditors over time. Chapter 12 bankruptcy offers advantageous provisions, such as the ability to reduce debt obligations and protect assets essential for the debtor's livelihood.

Imagine the weight lifted off your shoulders as you are able to eliminate or restructure your debt, giving you a fresh start and a chance to rebuild your financial future. Richard West is ready to help. Book a free consultation today!
Sources:
[1] Chapter 7 - Bankruptcy Basics. (n.d.). United States Courts. https://www.uscourts.gov/services-forms/bankruptcy/bankruptcy-basics/chapter-7-bankruptcy-basics

[2] Chapter 13 - Bankruptcy Basics. (n.d.). United States Courts. https://www.uscourts.gov/services-forms/bankruptcy/bankruptcy-basics/chapter-13-bankruptcy-basics

### Representing Yourself In Court

Prepare Your Case When Representing Yourself
If you do decide to represent yourself in a courtroom, you are responsible for all aspects of your case. And, you are at a disadvantage. These are not small claims. The rules of civil procedure and evidence will be applied to you just as if you were an attorney.

But you are not trained as an attorney. So, you should spend some time preparing for this trial including:

 	Become familiar with court rules in general and specifically with the local court rules. Be aware that rules and procedures vary slightly from court to court, and you are held to know the rules that apply in the court that will hear your case. The local rules are available from your court and the Ohio rules can be found online.
 	Be aware that generic forms and sample filings you find on the internet may not conform to the standards of the court where you are being sued.

During the case, you may receive inquiries from the court or the opposing party. For example, the opposing party may be entitled to “discovery”— to learn about evidence or testimony you plan to introduce (you may be entitled to the same). If you fail to respond to such inquiries, you may not be permitted to introduce evidence you need to support your case.
Evidence Rules Are Complicated! 
Attorneys spend entire semesters or more on just this one subject; for good reason. If you fail to get some of your evidence in, you may lose even though you could have won, had the judge let the evidence in.  You will not be treated more leniently just because you are not an attorney. This can be frustrating for non-attorneys: if your case will involve contested evidence, consider again whether you need an attorney.

If your case will involve evidence—documents, pictures, cost estimates, receipts, or other items—you must prepare it for court use. Bring at least three copies of all documents (for the court, for the opposing party, and for yourself ); and be able to verify that documents are what you say they are or contain accurate information.


At the Trial
At the trial or hearing itself, you need to present your case in its strongest way. Here are some simple tips:

Make a good impression —  Dress appropriately. Arrive on time with all your materials.

Show respect to the court — Stand when the judge enters or leaves the courtroom and when you speak to the judge. Address the judge as “Your Honor.”

Respect the other side  — Never argue with the other attorney. Use respect. Call the attorney by their surname as in Mr. or Mrs. Jones.

Speak clearly — Don’t be long-winded.  You should rehearse your case, and be able to explain it in a few sentences. Listen carefully and answer the question that is asked, and only elaborate if you feel that you must in order to fully answer the questions.

Be prepared — This is really very important.  Courts are busy. You want to present your case fully and well. But don’t take more time than is necessary to make your point.
The Role of the Judge or Magistrate in Court
Your case will probably be heard and decided by a magistrate, but you may be in front of the Judge.  Either way, the conduct of the trial is the same.  Remember that:

 	The judge may not help you at this trial;
 	The judge is impartial, and cannot help either side. Again, when you represent yourself, you are fully responsible for your case;
 	The judge won’t speak with you about your case when the opposing party is not present. Not for any reason. This is called an ex-parte communication and such communications would be unfair to the opposing party;
 	The judge will decide the case on the basis of the facts presented in court and the law.

The judge may only consider the facts as they are presented in court, through evidence and testimony. You need to decide what facts are important and get them into evidence.  If a fact you need to win your case is kept out of the trial for any reason, you may lose even though you may have won had you got the evidence in.  The judge will follow the laws that apply. Sometimes the law dictates which facts the judge may and may not consider. You need to make sure that you present the facts that the law requires or permits.

Finally, remain calm and behave appropriately.  Getting upset will only keep you from focusing on the trial.  Keep your cool and do your best.



If you decide on having representation for your bankruptcy case in Ohio, contact the Richard West Law Office today.

### Avoiding Foreclosure in Toledo

Negotiate with Your Mortgage Lender
One option to consider when trying to avoid foreclosure is a loan modification. This involves changing the terms of your mortgage to make it more affordable for you. This could include lowering your interest rate, extending the term of the loan, or even reducing the principal balance. You will need to provide your lender with documentation of your financial hardship, such as bank statements and pay stubs, to support your request for a loan modification.

Another option is a forbearance agreement. This allows you to temporarily pause or reduce your mortgage payments while you get back on your feet financially. After the forbearance period, you will need to make up the missed payments, either through a lump sum payment or by adding them to the end of the loan term.

When negotiating with your lender, be proactive and communicate openly and honestly about your financial situation. It's also a good idea to have a clear understanding of your financial goals and what you can realistically afford in terms of mortgage payments.
Ask for Help from Uncle Sam
The United States government offers a wide range of support and assistance programs designed to help individuals and families in need. From financial aid to healthcare services to housing assistance, there are numerous resources available to those who need them. Whether you're facing a personal crisis, a financial hardship, or a health issue, Uncle Sam may be able to provide the help and support you need.

One of the first steps in asking for help from the government is to research the available assistance programs and determine which ones you may be eligible for. This can be a daunting task, but there are many resources available to help guide you through the process. The easiest way to start this journey is by visiting the official government website, which provides information and links to a wide range of support programs.

Thoroughly review the eligibility requirements and application process. Some programs may require you to provide documentation and evidence of your need, while others may have specific income or asset limits. Carefully follow the instructions and provide all necessary information to ensure that your application is processed efficiently.


Budget Wisely and Cut Expenses
One of the first steps to budgeting wisely is to track all expenses and income. This means keeping a detailed record of all the money that comes in and goes out each month. By doing so, it's easier to identify areas where spending can be reduced or eliminated. This can include subscription services, dining out, or impulse purchases.

Once expenses have been thoroughly analyzed, it's time to make some tough decisions about what can be cut. This might mean canceling premium cable channels, reducing the frequency of eating out or finding more affordable alternatives for services like internet or cell phone plans. Look for opportunities to save on everyday items like groceries, utilities, and transportation.

While it may be difficult to give up certain luxuries, it's often necessary in order to make ends meet. This might mean making sacrifices for a period of time until financial stability is regained.

Finding ways to increase income can also help alleviate financial strain. This might include taking on a part-time job, freelancing, or selling items that are no longer needed. By finding creative ways to earn extra money, it's possible to alleviate some of the financial burden.
Explore Loan Modification Programs
There are several different types of loan modification programs available, each with its own set of eligibility requirements and benefits. Some programs are offered by the government, such as the Home Affordable Modification Program (HAMP), which is designed to help homeowners who are struggling to make their mortgage payments due to financial hardship. Other programs are offered by private lenders, who may have their own modification options available to borrowers.

Regardless of the specific program you're considering, the goal is generally the same: to make your mortgage payments more affordable. This can be achieved through a variety of methods, such as lowering your interest rate, extending the length of your loan, or even reducing the principal balance. By making your payments more manageable, loan modification programs can help you avoid foreclosure and keep your home.


Deed-in-Lieu of Foreclosure
In a deed-in-lieu agreement, the homeowner voluntarily gives the property back to the lender, effectively transferring ownership of the home to the lender. This option can be a beneficial alternative to foreclosure for both the homeowner and the lender.

A deed-in-lieu can help avoid the damaging effects of foreclosure on their credit history. While a foreclosure can stay on a credit report for up to seven years, a deed-in-lieu may have less of an impact on the homeowner's credit.

This can make it easier for the homeowner to re-establish their credit and move on from the financial hardship that led to the deed-in-lieu.

A deed-in-lieu can be a more dignified way for the homeowner to part with their home. Rather than going through the stressful and public process of foreclosure, the homeowner can work with their lender to reach a mutually beneficial agreement.

Accepting a deed-in-lieu can be a quicker and less costly way to recover the property than going through the foreclosure process. By accepting the deed-in-lieu, the lender can avoid the expenses and delays associated with foreclosure, such as legal fees, property maintenance costs, and the time it takes to sell the property.

The Richard West Law Firm specializes in helping individuals like you avoid foreclosure. With our expertise in foreclosure prevention strategies and extensive knowledge of Toledo's legal system, we can provide you with the guidance and support you need.

Contact the Richard West Law Firm today and take the first step towards securing your home and your future.
Source:
[1] Lee, J. (2023, October 19). How to stop foreclosure. Bankrate. https://www.bankrate.com/mortgages/how-to-avoid-foreclosure/

### How to Stop Utility Shut-offs in Cleveland

Have your utilities been, or will they be shut off soon?
What Are the Reasons for Utilities Being Cut Off?
There are a variety of reasons why utilities, such as water, gas, or electricity, may be cut off to a household. The most common reason for utility shut-offs is non-payment of bills. If a resident fails to pay their utility bills on time, the utility company has the right to disconnect their services. [1]

Utility companies typically offer a grace period before initiating payment collection procedures. Afterward, they will provide both verbal and written notifications to inform you that your payments are overdue.
What Stops Utility Shut-Offs?

 	Medical:  If a household member has a serious medical condition or requires equipment powered by electricity for life support, the utility company may not shut off the power.
 	Bankruptcy:  In the United States, filing for bankruptcy triggers an automatic stay, which generally prohibits utility companies from disconnecting or discontinuing services due to unpaid bills. This stay remains in place during the bankruptcy proceedings, offering some protection for individuals facing financial difficulties.
 	Payment Assistance Programs:  Some utility companies offer payment plans or assistance programs for customers experiencing financial hardship.
 	Winter heating season:  During the winter heating season, which typically runs from October 15 to April 15, utility companies are prohibited from disconnecting heat-related utility services for qualified low-income customers.


Ways to Keep Utilities Connected
Budget for your utilities and pay your bills on time to avoid any disconnections. Consider setting up automatic payments or reminders to ensure that you never miss a due date.

If you are experiencing financial difficulties or are unable to pay your bill on time, reach out to your utility company to discuss possible payment plans or assistance options. [2]

Many companies offer programs to help customers facing hardship, and by being proactive and transparent about your situation, you may be able to avoid a disconnection.
Tips to Reduce Utility Use

 	Only use your air conditioning during the hottest hours
 	Adjust the heat so that it is not constantly running
 	Reduce your shower time and avoid watering your lawn



Are you facing the distressing situation of having your utilities shut off in Cleveland?

Don't let utility shut-offs continue to disrupt your life. Contact the Richard West Law Firm today to help you put an end to this situation.
FAQ's
Is it legal to shut off utilities during the winter in Ohio?

In Ohio, utility companies are generally prohibited from shutting off gas or electric services to residential customers during the winter months. The winter reconnect rule, which is enforced by the Public Utilities Commission of Ohio (PUCO), typically prohibits utility disconnections for non-payment from October 14 through April 15, specifically for customers who meet income-based criteria or receive certain forms of government assistance.

What is the 175 winter option in Ohio?

The "175 Winter Reconnect" program in Ohio refers to a utility assistance program that helps eligible customers to prevent disconnection of their utility services during the winter months. This program is administered by the Public Utilities Commission of Ohio (PUCO). The 175 Winter Reconnect program allows eligible households to have their utility services restored or maintained from October 14 through April 15, if they owe $175 or less to their gas or electric utility.

Customers can access the 175 Winter Reconnect program by contacting their utility company and informing them about their eligibility for the program. Once registered in the program, the utility company is typically required to reconnect or maintain the customer's gas and electric services, even if the customer owes up to $175 on their bill.

What is the typical electric bill charge in Ohio?

The typical electric bill charge in Ohio can vary widely depending on factors such as location, energy usage, the specific utility provider, and any applicable government regulations or incentives. On average, however, the residential electricity cost in Ohio is approximately 12.48 cents per kilowatt-hour, which is slightly below the national average.

Electricity rates can fluctuate based on a variety of factors, including market conditions, seasonal demand, and the type of rate plan selected by the consumer. Energy-efficient practices and appliances can impact overall electricity costs.

For the most accurate information about current electricity rates, it's recommended to contact the specific utility provider or review recent bills to understand the exact charges and any additional fees or surcharges included.
Sources:
[1] Energy Disconnection and Reconnection | Office of the Ohio Consumers’ Counsel. (n.d.). https://www.occ.ohio.gov/factsheet/energy-disconnection-and-reconnection

[2] Special Reconnect Order | Office of the Ohio Consumers’ Counsel. (n.d.). https://www.occ.ohio.gov/factsheet/special-reconnect-order

### Can You File Bankruptcy in Akron and Keep Your House?

Thinking of filing for bankruptcy, but worried about losing your home?
Can I Keep My House in Ohio and File Bankruptcy?
File bankruptcy, but it will not automatically protect your house from foreclosure. Your mortgage lender has the right to initiate foreclosure proceedings if you fall behind on your payments. Filing for bankruptcy, however, activates an "automatic stay," which halts all collection activities, including foreclosure. This provides temporary relief while you work on a repayment plan or seek other alternatives to save your home.

Saving your home during bankruptcy requires careful consideration and planning. Seek the advice of an experienced bankruptcy attorney who can guide you through the process and help protect your most valuable asset. They can assist you in determining the best course of action based on your individual situation, whether it's Chapter 7 or Chapter 13 bankruptcy.

Maintaining open communication with your bankruptcy attorney, mortgage lender, and other creditors is vital during this process. By taking proactive steps, staying informed, and seeking legal advice, you can increase your chances of keeping your house while filing for bankruptcy in Akron, Ohio.
Keeping Your House in Chapter 7 Bankruptcy
Ohio state law offers exemptions that cover the equity in your home. Equity refers to the value of your home minus any outstanding mortgage or liens. If the equity in your home falls within the exemption limits, you can usually keep your house.

These exemptions can vary depending on factors such as your marital status, age, and disability status, among others. Consult with an experienced bankruptcy attorney to determine whether Chapter 7 bankruptcy is the right option for you and to understand the specific exemptions that apply in your case.

It's important to note that if there is significant equity in your home that exceeds the exemption limits, you may be required to sell your home to repay your creditors.

Keep in mind that while filing for bankruptcy can provide temporary relief by activating an "automatic stay" that halts foreclosure proceedings, it does not guarantee long-term protection for your home.

Just over 288,000 Americans filed Chapter 7 personal bankruptcy in 2021, accounting for roughly 70% of all personal bankruptcies. [1]


Keeping Your House in Chapter 13 Bankruptcy
Chapter 13 bankruptcy, also known as a wage earner's plan, allows individuals with a regular income to create a repayment plan that spans three to five years. This plan enables you to catch up on missed mortgage payments and other secured debts, while also addressing unsecured debts such as credit card bills and medical expenses.

One of the primary advantages of Chapter 13 bankruptcy is the ability to halt foreclosure proceedings and potentially save your home. The moment you file for bankruptcy, an automatic stay is activated, which puts a temporary pause on any foreclosure actions. [2]

This stay provides time to work out a realistic repayment plan with your creditors, allowing you to catch up on missed mortgage payments throughout the plan.

To qualify for Chapter 13 bankruptcy, you must have a regular income that is sufficient to cover your living expenses and make the monthly payments required by the plan. The specifics of the plan are determined by your income, expenses, and the types of debts you have.

A bankruptcy trustee will review your proposed plan, and if approved by the court, you will make a single monthly payment to the trustee, who will distribute the funds among your creditors.

While Chapter 13 allows you to keep your house, it's important to note that you must continue making your regular mortgage payments throughout the bankruptcy process. Falling behind on mortgage payments during this time can still result in foreclosure, despite the automatic stay.

Not all mortgages are eligible for restructuring under Chapter 13 bankruptcy. If you have a second mortgage or a home equity loan, it may be possible to strip these liens and treat them as unsecured debts, meaning they are paid back or discharged as part of the repayment plan. This can significantly reduce your overall debt burden.
When Should I Worry About Losing My Home in Bankruptcy?

 	Delinquent mortgage payments: 
If you are significantly behind on your mortgage payments and unable to catch up, your lender may initiate foreclosure proceedings. Falling behind on mortgage payments can increase the risk of losing your home during bankruptcy. Address any delinquencies before considering bankruptcy or explore options to catch up on the missed payments.
 	Lack of equity: 
If you have little to no equity in your home, it may be at a higher risk of being sold in a Chapter 7 bankruptcy. Consulting with a bankruptcy attorney will help determine if your equity exceeds the allowed exemption limit and what steps you can take to safeguard your home.
 	Chapter 7 bankruptcy and reaffirmation: 
In a Chapter 7 bankruptcy, you may need to reaffirm your mortgage debt to keep your house. Reaffirmation means you agree to continue making regular mortgage payments. If you are unable to reaffirm the debt, your lender can potentially proceed with foreclosure. This is particularly concerning if you have missed payments or have other factors that could impact your ability to reaffirm the debt.
 	Lack of income or reduced income: 
If you have experienced a significant reduction in income or are currently unemployed, it may be more challenging to maintain regular mortgage payments during bankruptcy. It's important to evaluate your financial situation thoroughly and consider whether you can afford to keep your home in light of your income level and other expenses.
 	Other liens or debts secured by your home: 
If you have additional liens or debts secured by your home, such as a second mortgage or home equity loan, these may complicate the bankruptcy proceedings. Lien holders have the right to pursue their claims when they are not paid.


Talk to the Bank Before Losing Your Home
Start by explaining your situation and the financial difficulties you're facing. Be transparent about your current income, expenses, and any changes in your circumstances that may have contributed to your inability to make timely payments. The more information you provide, the more your lender can understand your situation and offer potential solutions.

One option that may be available is a loan modification. This involves renegotiating the terms of your current mortgage to make it more affordable. Your lender may be willing to reduce the interest rate, extend the repayment term, or even forgive a portion of the principal balance. This can result in lower monthly payments that are easier for you to manage.

Another option to explore is a forbearance agreement. This allows you to temporarily suspend or reduce your mortgage payments for a period of time while you get back on your feet financially. Once your financial situation improves, you can resume making regular payments or work out a plan with your lender to repay the missed payments over a specified period.

If these options are not feasible, your lender may consider a short sale. This involves selling your home for less than the outstanding mortgage balance. While this means you will lose your home, it can help you avoid foreclosure and minimize the impact on your credit score.
Foreclosure Bankruptcy Attorney
A foreclosure bankruptcy attorney specializes in helping homeowners understand the bankruptcy process and how it can save their homes. They have extensive knowledge of both foreclosure and bankruptcy laws, allowing them to develop effective strategies to protect your rights and assets.

They can advocate on your behalf to halt foreclosure proceedings, buy you some extra time, and work towards a solution that can help you keep your home.

During your initial consultation with an experienced attorney, they will review your financial situation in detail. They will assess your income, debts, and assets to determine if bankruptcy is a viable option for you. Depending on your circumstances, they may suggest filing for either Chapter 7 or Chapter 13 bankruptcy.

They will handle all the necessary paperwork, filings, and communication with the bankruptcy trustee and your creditors. Their expertise ensures that your bankruptcy filing is accurate and compliant with all legal requirements.

Foreclosure bankruptcy lawyers can also provide advice on alternatives to bankruptcy. They can explore loan modifications, and forbearance agreements, or negotiate with your lender to find a solution that suits your financial situation.



We understand how important your home is to you, which is why we want to ensure that you are aware of the possibility of keeping it even during bankruptcy.

Contact Richard West today to schedule a consultation and explore the options available to you.
FAQ's
Will I lose my house if I file for bankruptcy?

The impact of bankruptcy on your house depends on several factors, including the type of bankruptcy you file, the equity in your home, your mortgage payment history, and your ability to continue making mortgage payments.

Seek professional advice from a bankruptcy attorney to assess your individual situation. They can provide personalized guidance based on your specific circumstances, help you understand your options, and assist you in developing a strategy to protect your home during bankruptcy.

There may be options available to help you keep your home depending on your particular financial circumstances and the type of bankruptcy you file.

Which bankruptcy can you file and keep your house?

Both Chapter 7 and Chapter 13 bankruptcies offer potential avenues to keep your house, but the specific circumstances of your financial situation will determine which option is more appropriate for your situation.

Chapter 7 Bankruptcy:

 	If you are current on your mortgage payments and have little to no equity in your home, you may be able to keep your house by reaffirming the mortgage debt.
 	If you have significant equity in your home, it may be subject to the bankruptcy trustee's ability to sell it to pay off creditors. Each state sets exemptions that may protect your home equity, and consulting a bankruptcy attorney can help assess whether Chapter 7 is viable for keeping your house.

Chapter 13 Bankruptcy:

 	Chapter 13 is designed to reorganize your debts and create a repayment plan, which may allow you to catch up on past-due mortgage payments over a specified period, typically three to five years.
 	If you have a second mortgage or home equity loan and your home's value is less than the outstanding balance on the first mortgage, Chapter 13 may offer the opportunity to "strip" additional liens to make them unsecured debts, potentially preserving your home.

Both Chapter 7 and Chapter 13 bankruptcies may offer the potential to keep your house, but the specific details of your financial circumstances will determine the most suitable option.

How much equity can I have in my home and still file bankruptcy in Ohio?

As of 2022, the homestead exemption in Ohio allows homeowners to exempt up to $145,425 in equity in their primary residence for individuals filing for bankruptcy. For married couples jointly filing for bankruptcy, the exemption doubles to $290,850.

This means that if the equity in your home is less than the exempt amount, you can generally protect your home from being sold to pay off creditors in a Chapter 7 bankruptcy, subject to the specific provisions of Ohio bankruptcy laws. Any equity in your home above the exemption limit may be at risk of being used to satisfy your debts under Chapter 7 bankruptcy.

Consult with a qualified bankruptcy attorney in Ohio to understand the specific exemptions and how they apply to your individual circumstances before proceeding with a bankruptcy filing. An attorney can provide tailored guidance based on your financial situation and help you understand how much equity in your home you can protect in a bankruptcy.
Sources:
[1] Caporal, J. (2023, January 5). Chapter 7 Bankruptcy and Chapter 13 Bankruptcy Statistics. The Motley Fool. https://www.fool.com/the-ascent/research/personal-bankruptcy-statistics/

[2] Graham, K. (n.d.). How Does Bankruptcy Affect Your Mortgage? Rocket Mortgage. https://www.rocketmortgage.com/learn/how-bankruptcy-affects-mortgages

### What to Do With Overwhelming Medical Bills in Toledo

Are you facing financial challenges due to medical care?
Ask About Payment Plans
If you find yourself drowning in overwhelming medical debt in Toledo, it can feel like there's no way out. There are options available to help you manage and pay off your medical bills.

Many healthcare providers and hospitals are willing to work with patients to set up manageable payment plans. By reaching out and discussing your financial situation with the billing department or financial counselor, you may be able to negotiate a payment plan that fits your budget. This can help alleviate the stress of trying to pay off a large medical bill all at once.

When discussing a payment plan, be sure to ask about the length of the plan, the amount of each payment, and any interest or fees that may be included. You should also make sure to get all the details in writing so that there are no misunderstandings down the line.

If you are unable to come to an agreement with the healthcare provider on a payment plan, it may also be helpful to reach out to a financial advisor or credit counselor for assistance. They can provide guidance on how to best manage and pay off your medical expenses while also helping you protect your credit score.
Review all Bills
Start by gathering all of the bills you have received for the medical services you have received. This may include bills from hospitals, doctors, specialists, and other healthcare providers. Take the time to go through each bill line by line, checking for accuracy and ensuring that you understand the charges. [1]

Look for any potential errors or discrepancies, such as duplicate charges, services you did not receive, or charges for items that should have been covered by your insurance. If you find any mistakes, don't hesitate to reach out to the billing department of the healthcare provider to clarify and rectify the situation.

Make sure that all of the services you receive are being accurately reflected by your insurance company. It's possible that some services may not have been properly processed by your insurance, leading to additional charges on your end.

If you are having difficulty understanding your bills or navigating the insurance process, consider seeking assistance from a healthcare advocate or financial counselor. These professionals can provide valuable guidance and support in managing your medical debt.

You may be eligible for financial assistance or payment plans through the healthcare providers. Don't be afraid to inquire about these options, as they can help alleviate the burden of your medical debt.


Create a Budget
Creating a budget allows you to take stock of your financial situation and prioritize your expenses. Start by listing all of your sources of income, including your job, any side gigs, and any government assistance you may receive. Then, list all of your necessary expenses, such as rent, utilities, groceries, and transportation. Once you have a clear picture of your income and expenses, you can start to allocate a portion of your income toward your medical debt.

To create a budget that will help you pay off medical debt, it's important to be realistic about your expenses and income. Cut out any unnecessary expenses and look for ways to increase your income, such as taking on a part-time job or selling items you no longer need. Once you have a clear idea of how much you can afford to put towards your medical debt each month, you can start to make regular payments.
Use the Debt Snowball Method to Pay Off Medical Bills
The Debt Snowball Method is a popular strategy for paying off debt that can be especially effective for tackling medical bills. The method involves focusing on paying off your smallest debts first, while making minimum payments on larger debts. Once the smallest debt is paid off, you then move on to the next smallest debt, and so on, until all of your debts are paid off. [2]

To get started with the Debt Snowball Method, the first step is to make a list of all of your medical debts, including the total amount owed and the minimum monthly payment. Prioritize your debts from smallest to largest.

Commit to putting as much money as you can towards paying off the smallest debt, while continuing to make minimum payments on your other debts. Once the smallest debt is paid off, take the money you were putting towards that debt and apply it towards the next smallest debt, and so on.

One of the key benefits of the Debt Snowball Method is the psychological motivation it provides. As you pay off each debt, you will experience a sense of accomplishment and progress, which can keep you motivated to continue working towards becoming debt-free.

You may be able to negotiate with your healthcare providers or collection agencies to lower the amount you owe or set up a payment plan that fits your budget. You can also consider seeking assistance from non-profit organizations that offer financial counseling and support for individuals struggling with medical debt.

Dealing with overwhelming medical debt can be challenging, but by using the Debt Snowball Method and exploring other resources available to you in Toledo, you can take steps towards regaining financial stability and peace of mind. Remember to reach out for help if you are feeling overwhelmed, and know that there are options available to help you manage and pay off your medical debt.



Are you feeling overwhelmed by your medical bills in Toledo?

Don't let your medical bills continue to control your life. Contact Richard West Law office today to schedule a consultation and start your journey towards financial freedom.
Sources:
[1] George, D. (2021, July 25). 5 Things to Do When Medical Debt Becomes Overwhelming. The Motley Fool. https://www.fool.com/the-ascent/personal-finance/articles/5-things-to-do-when-medical-debt-becomes-overwhelming/

[2] Solutions, R. (2022, July 20). How to Ease the Burden of Medical Debt. Ramsey Solutions. https://www.ramseysolutions.com/debt/ease-the-burden-medical-debt

### How Often Can You File Bankruptcy?

How Often Can A Person File Bankruptcy?
When faced with overwhelming debt and financial trouble, bankruptcy can provide a solution for individuals struggling to manage their finances.

There are limits to how often you can file for bankruptcy. The bankruptcy code outlines waiting periods and time limits for filing a new case after a previous filing. The most common types of bankruptcy are Chapter 7 and Chapter 13.

Chapter 7, also known as liquidation bankruptcy, allows for the discharge of unsecured debts such as credit cards and medical bills. In contrast, Chapter 13 involves a repayment plan where individuals can pay off their debts over three to five years.

After filing for bankruptcy, your credit score is likely to be negatively impacted. The impact may vary depending on the type of bankruptcy and the number of previous filings.

Multiple bankruptcy filings can stay on your credit report for up to ten years, making it challenging to obtain credit in the future.
Time Limits to File Bankruptcy Again
There are certain time limits and restrictions that individuals must adhere to when contemplating filing bankruptcy again.

The frequency at which one can file for bankruptcy depends on the type of bankruptcy previously filed and the chapter under which it was filed. Debtors must understand these time limits and restrictions to make informed decisions about debt relief options.

The bankruptcy code outlines these guidelines to ensure fair and equitable treatment for both debtors and creditors.


Waiting Periods for Filing a New Case After a Previous Filing
If any individual previously filed for bankruptcy, they may be wondering how long they need to wait before filing a new case. The waiting period depends on the type of bankruptcy they previously filed and whether they received a discharge of their debts.

For Chapter 7 bankruptcy, which involves the liquidation of assets to repay creditors, there is a waiting period of eight years after a previous Chapter 7 discharge. [1]

This means that if the debtor received a Chapter 7 discharge in the past, they will need to wait eight years before they can file for Chapter 7 bankruptcy again.

For Chapter 13 bankruptcy, which involves the creation of a repayment plan to pay off debts, the waiting period is much shorter. If the debtor received a discharge in a previous Chapter 13 case, they can file a new Chapter 13 case after only two years.

If they received a discharge in a Chapter 7 case, they must wait four years before filing a Chapter 13 case.

In some cases, individuals may opt for a "Chapter 20 bankruptcy." This involves filing for Chapter 13 bankruptcy immediately after receiving a Chapter 7 discharge.

While it does not provide a second discharge of debts, it can help manage any remaining debts that were not discharged in the previous Chapter 7 case.
Automatic Stay When Filing a Second or Subsequent Case
When filing a second or subsequent bankruptcy case, debtors are granted the benefit of an automatic stay.

The automatic stay is a powerful legal protection that goes into effect immediately upon filing for bankruptcy. It is designed to provide relief and protection to debtors from collection actions by creditors.

The automatic stay prevents creditors from taking any collection actions against the debtor during the bankruptcy proceedings. This includes actions such as:

 	Foreclosure
 	Harassing phone calls from creditors
 	Repossession
 	Wage garnishment

The automatic stay allows debtors the opportunity to reorganize their finances and work towards a fresh start without the constant pressure and threat of collection actions.

Debtors must note that the automatic stay may be subject to certain exceptions and limitations when filing a subsequent bankruptcy case.

For example, if a debtor had a previous bankruptcy case dismissed within a year of filing the new case, the automatic stay may only last for 30 days. This is to prevent debtors from abusing the bankruptcy system.

The time limit for filing a new case can affect the length of the automatic stay. If a debtor filed a previous bankruptcy case within the last year, the automatic stay may not go into effect at all, unless the debtor gets approval from the court.

This is to prevent individuals from attempting to abuse the automatic stay by filing for bankruptcy repeatedly.


Exceptions to the Time Limit Rule
The time limit rule for filing bankruptcy again after a previous filing can be subject to exceptions in specific circumstances.

While there is typically a waiting period between bankruptcy filings, certain conditions may allow individuals to file bankruptcy sooner than usual.

One exception to the time limit rule is if the previous bankruptcy case was dismissed without a discharge.

In such cases, the debtor can file a new bankruptcy case immediately without having to wait. This exception recognizes that the debtor did not receive any debt relief in the previous filing.

Another exception applies if the debtor had a previous Chapter 13 bankruptcy case and is now seeking to file under Chapter 7.

In this scenario, the debtor may be able to file for Chapter 7 bankruptcy immediately if they have paid at least 70% of their unsecured debts through the previous Chapter 13 bankruptcy plan.

This exception allows debtors who have made significant efforts towards repayment to seek a different type of bankruptcy relief.

These exceptions have specific conditions and requirements that must be met. Consult with our experienced bankruptcy attorneys at the Law Offices of Richard West, to understand the eligibility and details of these exceptions and how they may apply to your circumstance.
Source:
[1] Egan, J. (2022, April 7). How Often Can You File For Bankruptcy? Forbes Advisor. https://www.forbes.com/advisor/debt-relief/how-often-can-you-file-for-bankruptcy/

### Avoid Foreclosure in Columbus, Ohio

Are you facing the fear of losing your home to foreclosure in Columbus, Ohio?
Sell Your Home to Avoid Foreclosure
If you are struggling to meet your mortgage payments and are at risk of foreclosure, selling your home can help you pay off your existing mortgage and potentially avoid the negative impact of foreclosure on your credit.

 	Contact a real estate agent:  A real estate agent can assist you in determining the current market value of your home and help you navigate the selling process.
 	Assess your financial situation:  Calculate the amount of money needed to pay off your mortgage, including any outstanding fees or penalties. Determine if selling your home will generate enough funds to cover these expenses and potentially provide you with some proceeds.
 	Prepare your home for sale:  Make necessary repairs, declutter, and stage your home to make it more appealing to potential buyers. A well-maintained and aesthetically pleasing property can attract more buyers and potentially fetch a higher sale price.
 	Work with your lender:  Inform your lender about your intention to sell your home to avoid foreclosure. They may be willing to work with you on a repayment plan or other alternatives to foreclosure.
 	Sell your home:  Once your home is listed, work with your real estate agent to market your property and attract potential buyers. Consider all offers and negotiate a sale price that will enable you to pay off your mortgage and any associated costs.
 	Close the sale:  Once you have an accepted offer, work with your real estate agent and legal counsel to complete the necessary paperwork and finalize the sale of your home.

Reach Out for Help to Avoid Foreclosure
If you are at risk of foreclosure on your home, reaching out for help is an important step to explore various options to avoid losing your property. Here are some steps to consider:

 	Contact Your Lender:  Start by contacting your mortgage lender as soon as you anticipate difficulty in making your mortgage payments. Lenders may have programs in place to help struggling homeowners, such as loan modifications, repayment plans, or forbearance options.
 	Seek Housing Counseling:  Non-profit housing counseling agencies approved by the U.S. Department of Housing and Urban Development (HUD) can provide free or low-cost assistance to homeowners facing foreclosure. These counselors can help you understand your options, negotiate with your lender, and create a plan to avoid foreclosure. [1]
 	Explore Government Programs:  There are government initiatives, such as the Home Affordable Modification Program (HAMP) and the Hardest Hit Fund, designed to assist homeowners in avoiding foreclosure. Research and inquire about programs that may be available to you based on your location and financial situation. [2]
 	Consider Legal Assistance:  Consulting with a real estate attorney or a legal aid organization can provide valuable insights into your rights and options regarding foreclosure. Legal professionals can review your situation and advise you on strategies to protect your home.
 	Contact Community Organizations:  Some community organizations offer support and resources to help homeowners facing foreclosure. They may provide financial assistance, counseling, or referrals to additional services.
 	Evaluate Refinancing or Selling:  Depending on your financial circumstances, refinancing your mortgage or selling your home may be viable options to avoid foreclosure. A mortgage professional or real estate agent can provide guidance on these alternatives.
 	Prioritize Budgeting and Financial Management:  Review your budget to identify potential areas for cost reduction and seek ways to increase your income. Proper financial management can help you stay current on your mortgage and other essential expenses.


Negotiate With Your Mortgage Lender to Avoid Foreclosure
Negotiating with your lender to avoid foreclosure can be a crucial step in trying to find a solution that works for both parties. Here are some important tips for negotiating with your lender:

 	Understanding Your Options:  Before contacting your lender, familiarize yourself with potential solutions such as loan modifications, repayment plans, forbearance, or refinancing options. Understanding these options can help you discuss them with your lender and make informed decisions.
 	Open Communication:  Reach out to your lender as soon as you face financial difficulties, ideally before you start missing payments. Explain your situation and express your willingness to find a solution to keep your home.
 	Documentation:  Prepare all your financial documents, including proof of income, bank statements, and any letters or documentation related to your financial hardship. Having this information ready can help expedite the negotiation process.
 	Proposal for Resolution:  Present a clear proposal to your lender, outlining how you plan to rectify your financial situation and avoid foreclosure. This may include an outline of your repayment plan or a request for specific loan modification terms.
 	Professional Assistance:  Consider seeking assistance from a housing counselor, attorney, or financial advisor to help prepare a comprehensive proposal and guide you through the negotiation process.
 	Collaborative Approach:  Be open to the lender's feedback and suggestions. Negotiation is about finding a mutually beneficial solution, so be willing to collaborate and explore various options.
 	Persistence and Follow-Up:  Keep the lines of communication open and be persistent in following up with your lender. It may take time to reach a resolution, so continue to pursue the negotiation process until an agreement is reached.
 	Remain Positive and Professional:  While facing financial hardship and the risk of foreclosure can be distressing, maintaining a positive and professional demeanor can help facilitate productive negotiations with your lender.

How Bankruptcy Stops Foreclosure
Filing for bankruptcy can temporarily halt the foreclosure process on your home through an "automatic stay." When you file for bankruptcy, an automatic stay goes into effect, which prevents creditors, including mortgage lenders, from taking any further collection actions, including foreclosure proceedings. This stay can provide immediate relief and give you some time to reorganize your finances.

Note that the automatic stay is not a permanent solution to foreclosure, as it only offers temporary relief. The lender can potentially request the court to lift the stay, especially if they can demonstrate that the property is not economically feasible to keep or if there are other valid reasons to move forward with the foreclosure. Bankruptcy will not necessarily eliminate your mortgage debt or prevent the foreclosure process in the long run.

There are different types of bankruptcy, and the impact on foreclosure can vary:

 	Chapter 7 Bankruptcy:  Chapter 7 may temporarily delay foreclosure, but it typically does not provide a long-term solution for keeping your home. It may give you more time to negotiate with your lender or explore other alternatives.
 	Chapter 13 Bankruptcy:  Chapter 13 allows you to create a repayment plan to catch up on past-due mortgage payments over a period of 3 to 5 years. Chapter 13 can help you avoid foreclosure by allowing you to make up missed payments while maintaining regular mortgage payments going forward.


Request Forbearance from Your Mortgage Lender to Stop Foreclosure
When requesting forbearance to avoid foreclosure, follow a structured approach to ensure that your request is properly submitted and effectively communicates your financial situation. Here are the steps to request forbearance:

 	Contact Your Lender:  Reach out to your mortgage servicer as soon as you anticipate having difficulty making your mortgage payments. Most lenders have specific departments responsible for handling forbearance requests. Ensure you speak with the appropriate party. [3]
 	Explanation of Hardship:  Clearly explain your financial hardship and the reasons why you are unable to make your mortgage payments. Provide details regarding the circumstances that led to your financial hardship, such as job loss, medical expenses, or other significant life events.
 	Request for Forbearance:  Express your request for forbearance, which is a temporary pause or reduction in your mortgage payments. Be specific about the duration and terms of forbearance you are seeking, such as a reduced payment amount or a temporary suspension of payments.
 	Documentation:  Prepare and provide any necessary documentation to support your request, such as proof of income, bank statements, medical bills, or other relevant financial documents. These documents will help your lender assess your situation and make a decision regarding the forbearance request.
 	Follow-Up:  If your initial request is not acknowledged promptly or if you don't receive a response within the expected time frame, follow up with your lender to ensure your request is being processed. Open and clear communication is essential during this process.
 	Confirm Terms:  If your lender approves the forbearance, ensure that you have a clear understanding of the terms, including the duration of the forbearance period, any reduced payment amounts, and any requirements for repayment of the missed amounts after the forbearance period ends.
 	Keep Records:  Document all communications with your lender, including the date, time, and content of your discussions. Keep copies of any correspondence related to your forbearance request.

Contact the Richard West law office today for a free consultation to discuss your options and start taking decisive steps towards avoiding foreclosure.
Sources:
[1] Are you at risk of foreclosure and losing your home? (2021, July 16). HUD.gov / U.S. Department of Housing And Urban Development (HUD). https://www.hud.gov/topics/avoiding_foreclosure/fctimeline

[2] Home Affordable Modification Program (HAMP). (2023, November 29). U.S. Department of The Treasury. https://home.treasury.gov/data/troubled-assets-relief-program/housing/mha/hamp

[3] What is mortgage forbearance? | Consumer Financial Protection Bureau. (2023, October 19). Consumer Financial Protection Bureau. https://www.consumerfinance.gov/ask-cfpb/what-is-mortgage-forbearance-en-289

### Misconceptions About Bankruptcy

What are the Misconceptions about Banruptcy?		
		Are you considering filing for bankruptcy but have heard concerning information about it? Below are a few common misconceptions about bankruptcy that have been proven false.		
			
			
      1.
					
			You Will Lose Everything You Have		
		Contrary to popular belief, bankruptcy laws are designed to provide individuals with a fresh start and a chance to regain financial stability. Depending on the type of bankruptcy you file, you may be able to keep many of your assets, including your home, car, and personal belongings.Chapter 7 and Chapter 13 bankruptcies are the most common types filed by individuals. Under Chapter 7 bankruptcy, a trustee may liquidate non-exempt assets to repay creditors.Many states have exemption laws that allow you to protect certain assets, such as your primary residence, vehicle, clothing, and necessary household items.Chapter 13 bankruptcy, on the other hand, allows you to create a repayment plan based on your income and assets. This enables you to keep your property while gradually paying off your debts over a period of three to five years.Bankruptcy does not provide a complete debt discharge for all types of obligations. Certain debts, such as student loans and tax debts, may not be eligible for discharge.Bankruptcy can still provide relief by reorganizing your debts and making them more manageable.		
			
			
      2.
					
			You Will Never Get Credit Again		
		After filing for bankruptcy, you may experience some challenges when it comes to obtaining credit in the short term. Lenders may view your bankruptcy as a risk and be hesitant to extend credit to you. As time goes on and you take steps to rebuild your credit score, your creditworthiness will gradually improve.One important factor in rebuilding your credit after bankruptcy is consistently making timely payments on any remaining debts and bills. This demonstrates responsible financial behavior and shows lenders that you are committed to improving your credit.Obtaining a secured credit card or a small loan and making regular payments can also help to rebuild your credit history. [1]Bankruptcy will stay on your credit report for a certain period of time. For Chapter 7 bankruptcies it typically remains on your credit report for ten years, while Chapter 13 bankruptcies stay on for seven years. Many creditors and lenders understand that individuals who have gone through bankruptcy may have learned valuable lessons about financial responsibility.Some even specialize in lending to individuals who have filed for bankruptcy in the past. These lenders often offer credit options with higher interest rates or stricter terms, but they provide an opportunity to rebuild credit and demonstrate responsible financial behavior.		
																														
			
			
      3.
					
			Everyone Will Know You Filed Bankruptcy		
		While bankruptcy is a public legal process, it is not something that is widely publicized or readily available for all to see. Bankruptcy filings are recorded in court records, and certain individuals, such as creditors and financial institutions, can access this information.Unless someone is actively searching for bankruptcy records, it is unlikely that they will stumble upon your personal bankruptcy filing.People are not notified directly about your bankruptcy unless they have a legitimate reason to know, such as being directly involved in the bankruptcy process.Employers cannot discriminate against you solely based on filing for bankruptcy. The Bankruptcy Code prohibits employers from firing or demoting employees solely because they have filed for bankruptcy.Individuals facing overwhelming debt should not let the fear of judgment or the misconception of widespread knowledge deter them from seeking relief through bankruptcy.If you are concerned about the impact of bankruptcy on your personal or professional life, it may be helpful to consult with an experienced bankruptcy attorney. They can guide you through the process and address any specific concerns you may have about privacy and disclosure.		
			
			
      4.
					
			You Can Pick and Choose Which Debts You List		
		The bankruptcy process is governed by specific laws and regulations, and one of the key principles of bankruptcy is the equal treatment of all creditors. This means that you cannot selectively choose which debts to include or exclude from your bankruptcy filing.When you file for bankruptcy, you are required to provide a comprehensive list of all your debts, including credit card balances, medical bills, personal loans, and any other outstanding obligations.This list is compiled in what is known as a bankruptcy petition and serves as a key document in the bankruptcy process.Listing all your debts is not only a legal requirement but also ensures that all your creditors are treated fairly. Bankruptcy laws are designed to provide a fresh start to individuals and help them regain financial stability.By including all your debts in your bankruptcy filing, you are giving yourself the best chance at achieving a clean slate and a debt-free future.Intentionally excluding certain debts from your bankruptcy filing can have severe consequences.Not only can it jeopardize the success of your bankruptcy case, but it may also be deemed as bankruptcy fraud. Bankruptcy fraud is a serious offense that can result in criminal charges and penalties.		
																														
			
			
      5.
					
			Creditors Will Still Harass You		
		When you file for bankruptcy, an automatic stay is put into effect. This legal protection prevents creditors from taking any collection actions against you, such as calling you, sending letters, or filing a lawsuit. It provides a temporary reprieve and allows you to focus on the bankruptcy process without constant harassment.The automatic stay is not a permanent solution. Creditors may still attempt to contact you, especially during the early stages of your bankruptcy case when they may not be aware of your filing.Inform them about your bankruptcy filing and provide them with the necessary information, such as your case number and the contact information of your bankruptcy attorney.Creditors may continue to harass you even after they have been notified of your bankruptcy. This can be frustrating and disheartening, but it's important to know your rights. The Fair Debt Collection Practices Act (FDCPA) protects consumers from abusive and unfair debt collection practices.If a creditor continues to harass you, you can file a complaint with the Consumer Financial Protection Bureau (CFPB) or even take legal action against them.While bankruptcy can discharge many of your debts, there are certain types of debts that are not eligible for discharge. These include child support, alimony, certain tax debts, student loans (in most cases), and any debts incurred through fraudulent activities. Creditors may still pursue collection efforts for these types of debts even after your bankruptcy case is concluded.Contact the Richard West Law Office today to schedule a consultation and take the first step towards a debt-free future. Don't let misconceptions hinder your path to financial freedom any longer.		
			Source		
		[1] Frankel, R. S. (2023, September 18). Applying For Credit Cards After Bankruptcy. Forbes Advisor. https://www.forbes.com/advisor/credit-cards/when-can-i-apply-for-a-credit-card-after-bankruptcy/

### What Can You Not Do After Filing Bankruptcy in Cleveland, Ohio?

If you have filed for bankruptcy. Are you curious about what you can not do after filing bankruptcy in Cleveland, Ohio? Here are some restrictions that apply to you.
You Cannot Neglect Your Alimony & Child Support Obligations After Chapter 7
Alimony and child support payments are considered priority debts under bankruptcy law, meaning they take precedence over other debts. This means that even if you successfully eliminate your credit card or medical debt through Chapter 7 bankruptcy, you are still legally obligated to fulfill your financial obligations towards your former spouse or children.

When filing for Chapter 7 bankruptcy, disclose all information about your alimony and child support payments to the court. Failure to do so can result in serious consequences, including the denial of your bankruptcy discharge or even legal penalties.
You Cannot Ignore Student Loans After Filing Bankruptcy
Student loans cannot be discharged or forgiven through bankruptcy unless the borrower can prove undue hardship. Undue hardship is a difficult standard to meet and requires the debtor to demonstrate that repaying the student loans would impose an extreme financial burden that would persist for a significant portion of the repayment period. [1]


You Can Not Eliminate Most Tax Debts After Filing Bankruptcy

 	Public policy: Allowing individuals to discharge tax debts easily through bankruptcy would undermine the ability of the government to collect necessary funds.
 	Prioritizing governmental claims: The government has the power to place tax debts at a higher priority than other types of debts. This means that if a debtor's assets are liquidated in bankruptcy, the government's claims for unpaid taxes will typically be satisfied before other creditors.
 	Trust fund taxes: Since these funds are considered a trust for the government, they are treated as non-dischargeable in bankruptcy.
 	Fraud or evasion: The government can challenge the dischargeability of tax debts if it can prove fraudulent or dishonest intent.

You Can Not Conceal Assets
It is illegal to conceal or transfer assets with the intent to defraud creditors after filing for bankruptcy. When an individual files for bankruptcy, they are required to provide a full and accurate disclosure of their assets, income, debts, and financial information. The bankruptcy trustee appointed to oversee the case has the duty to identify and collect any non-exempt assets to distribute to creditors.

If a debtor is found to have intentionally concealed or transferred assets in an effort to keep them hidden from creditors or the bankruptcy court, it can lead to severe consequences. These may include the denial of a discharge of debts, the dismissal of the bankruptcy case, or even criminal charges for fraud.


You Can Not Incur Debt with the Intent to Discharge
Attempting to discharge debt intentionally incurred is considered fraud under bankruptcy laws. It can result in severe penalties, including fines, imprisonment, and a tarnished credit history that can have long-lasting consequences for an individual's financial health.

Intentionally incurring debt with the aim of discharging it is detrimental to one's personal integrity and financial well-being. It erodes trust in the financial system and damages one's reputation within the community. It may also affect future financial opportunities, such as obtaining loans, securing housing, or even finding gainful employment.
You Can Not Repeat the Bankruptcy Process Too Soon
If someone previously filed for Chapter 7 bankruptcy, they must wait at least eight years before they can file for the same chapter again. This restriction prevents individuals from taking advantage of the legal process by repeatedly discharging their debts and starting anew.

It allows time for individuals to learn from their mistakes, develop better financial habits, and seek alternative solutions before resorting to bankruptcy.

If an individual has filed for Chapter 13 bankruptcy in the past, they must wait a certain period before being eligible to file for the same chapter again. The waiting period is usually two years. Chapter 13 bankruptcy involves a repayment plan, allowing individuals to pay off their debts gradually.

The restriction on filing for Chapter 13 bankruptcy sooner than the specified waiting period ensures that individuals have ample time to fulfill their repayment obligations while preventing them from abusing the system by repeatedly seeking similar relief.

By knowing what you can and cannot do after filing for bankruptcy, you can make informed decisions and plan for your financial future.

Contact our expert bankruptcy lawyers at Richard West Law Office today to learn more about the post-bankruptcy restrictions and get guidance on how to move forward. Take control of your financial future now!
Source:
[1] Bucci, S. (2022, November 14). Which debts can’t be discharged in bankruptcy? Bankrate. https://www.bankrate.com/personal-finance/debt/debts-discharged-in-bankruptcy/

### Can I File Bankruptcy in Cleveland and Keep My House and Car?

Can I File Bankruptcy and Not Lose All of My Assets?
When filing for bankruptcy, the type of bankruptcy plays an important role in determining the fate of a house or car. There are two primary types of consumer bankruptcy: Chapter 7 and Chapter 13.

 	In Chapter 7 bankruptcy, also known as liquidation bankruptcy, a person's non-exempt assets are sold to pay off creditors.
 	Chapter 13 bankruptcy allows individuals to set up a debt repayment plan that spans three to five years.

Whether you can keep your house or car when you file bankruptcy depends on various factors, including the type of bankruptcy filed, the presence of secured loans, state exemption laws, and your ability to meet your financial obligations.

About 14% of U.S. households — or roughly 17 million — owe more than they own, according to Federal Reserve Bank of New York estimates. Many of these households could benefit from having their debts wiped out, but fewer than 1% of U.S. households actually file for bankruptcy each year. [1]


What is the Ohio Homestead Exemption?
In Ohio, the homestead exemption for filing bankruptcy allows you to protect a certain amount of equity in your primary residence. As of 2021, the exemption amount is $145,425.

This means that if you file for bankruptcy in Ohio, you can keep up to $145,425 of equity in your home, and it will be safe from creditors. This exemption only applies to your primary residence and not to additional properties or vacation homes.
Other Ohio Bankruptcy Exemptions

 	Personal Property:  You can exempt up to $4,000 in personal property, including furniture, appliances, clothing, and jewelry.
 	Motor Vehicles:  You can exempt up to $4,000 in equity in one motor vehicle per debtor or up to $8,000 if the vehicle is equipped for a disabled person.
 	Tools of Trade:  You can exempt up to $2,400 in tools, equipment, or books used in your trade or profession.
 	Retirement Accounts:  IRAs and other qualified retirement accounts are fully exempt under federal law.
 	Public Benefits:  Certain public benefits, such as Social Security, unemployment compensation, and workers' compensation, are exempt from bankruptcy proceedings.
 	Insurance:  Life insurance proceeds, annuity contracts, and disability or illness benefits are exempt up to a certain amount.
 	Health Aids:  A variety of health aids, including wheelchairs, canes, and prosthetic devices, are exempt.

Secured Debts
Secured debts are backed by collateral, such as a mortgage or car loan. The creditor has a legal right to repossess or foreclose on the property if the debtor fails to make payments. In bankruptcy, the debtor has three options for dealing with secured debts.

 	Reaffirmation:  The debtor can choose to reaffirm the debt, which means they agree to continue making payments and keep the collateral. This allows the debtor to retain the property.
 	Redemption:  The debtor can obtain a loan to pay off the secured debt in one lump sum, often at a discounted amount based on the value of the collateral. This allows the debtor to retain the property by paying off the debt in full.
 	Surrender:  The debtor can choose to surrender the collateral to the creditor, discharging the debt associated with it. This means the debtor will no longer be responsible for the debt, but they will lose the property.


Unsecured Debts
These are debts that are not backed by collateral, such as credit card debts, medical bills, or personal loans. In bankruptcy, unsecured debts are typically discharged or eliminated, and the debtor is no longer responsible for repaying them. Certain unsecured debts, such as student loans and tax debts, may not be dischargeable in bankruptcy.
Keeping Your House and Car in Chapter 7 Bankruptcy
When it comes to your house, whether you can keep it or not depends on various factors, such as your equity in the property and the exemptions available in your state. Equity refers to the value of your home minus any outstanding mortgages or liens. If your equity is below a certain threshold, you may be able to keep your house. Even if your equity exceeds the threshold, some states provide homestead exemptions that allow you to protect a certain amount of equity from creditors.

If you are current on your mortgage payments and can demonstrate that you can continue making those payments after bankruptcy, it increases the likelihood of keeping your home. Remember, Chapter 7 bankruptcy aims to provide you with a fresh start, not leave you homeless.

If you own the car outright, meaning you don't have any outstanding loans on it, you can typically keep it as long as its value falls within the allowed exemption limit. If you have a car loan, the situation can be a bit more complicated.

You can reaffirm the car loan, meaning you agree to continue making the payments and keep the car even after bankruptcy. This involves signing a reaffirmation agreement with the lender, which essentially removes the car loan from the bankruptcy discharge.

By reaffirming the loan, you maintain your legal obligation to repay it, and the lender allows you to keep the vehicle. Reaffirming the car loan also means that if you were to default on the payments in the future, the lender can repossess the car.

If the car loan has a significant outstanding balance and its value exceeds the allowed exemption limit, you might have to negotiate a redemption with the lender. Redemption allows you to keep the car by paying its fair market value in a lump-sum payment instead of the outstanding loan balance. This option can be beneficial if the car loan's balance significantly exceeds the actual value of the vehicle.
Keeping Your House and Car in Chapter 13 Bankruptcy
In Chapter 13 bankruptcy, also known as a wage earner's plan, the debtor works with a court-approved trustee to develop a repayment plan that spans over three to five years. This plan aims to reorganize the debtor's finances, consolidating their debts and establishing affordable monthly payments based on their income and expenses.

Through the repayment plan, homeowners can prioritize mortgage payments and distribute any outstanding amounts over the course of the plan, typically resulting in a lower monthly payment. Chapter 13 bankruptcy puts an automatic stay in place, preventing creditors from pursuing further collection actions giving homeowners time and space to work towards financial stability.

Chapter 13 bankruptcy also protects vehicles from repossession. By including car loan payments within the repayment plan, debtors can ensure the continuation of their vehicle ownership while also paying off their outstanding balance. Interest rates on car loans in Chapter 13 bankruptcy are reduced to make the payments even more manageable.



Are you considering filing for bankruptcy in Cleveland but worried about losing your house and car?

Contact the Richard West Law Firm today to schedule a free consultation.
Source:
[1] Cfp, L. W. (2023, October 8). Fear of Bankruptcy Holds Too Many People Back. NerdWallet. https://www.nerdwallet.com/article/finance/fear-of-bankruptcy-holds-too-many-people-back

### Bankruptcy: Who Files and Why?

What is Bankruptcy?
Bankruptcy is a legal mechanism that provides individuals and businesses with a fresh financial start when they are overwhelmed by debt. This helps individuals and businesses who can no longer pay their outstanding debts obtain relief by wiping out or restructuring debts, depending on the type of bankruptcy filed.

Bankruptcy can provide a way for individuals and businesses to regain control of their finances and start anew.


Who Files for Bankruptcy?
Individuals from various walks of life turn to bankruptcy as a solution to their financial difficulties. While businesses also file for bankruptcy, the majority of bankruptcy cases involve individuals seeking relief from overwhelming debt.

There are numerous reasons why people file for bankruptcy. Many individuals find themselves burdened with substantial debts that they simply cannot manage, such as:

 	Auto loans
 	Credit card debt
 	Medical debt
 	Mortgage
 	Student loans

Others may use bankruptcy as a financial planning tool to restructure their debts and regain control of their finances.

Bankruptcy provides individuals with a fresh start by eliminating or reducing their outstanding debts. It allows them to create a manageable repayment plan and, in some cases, discharge remaining debts.

By filing for bankruptcy, individuals have the opportunity to regain stability and gain a clean slate in their financial lives.
Why Do People File for Bankruptcy?
There are several reasons why people file for bankruptcy, with the top five being:

 	Divorce
 	Job loss
 	Medical bills
 	Poor financial decisions
 	Unexpected emergencies

Divorce can have a significant impact on one's financial situation, often leading to a division of assets and an increase in expenses. This, coupled with the emotional toll, can result in individuals seeking bankruptcy protection.

Similarly, medical bills can be a major burden, especially for those without adequate insurance coverage or faced with unexpected medical emergencies.

Poor financial decisions, such as overspending, mismanagement of credit cards, or taking on excessive debts, can quickly lead to financial instability. The accumulation of debt eventually becomes unmanageable and can only be resolved through bankruptcy.

Job loss is another common reason for bankruptcy filings. Sudden unemployment can cause a significant decrease in income, making it difficult for individuals to meet their financial obligations.

In such circumstances, bankruptcy can provide relief and a chance to rebuild financial stability.

Unexpected emergencies, such as natural disasters or major accidents, can lead to significant financial strain. These unforeseen events often result in substantial expenses that individuals may not be able to cover, ultimately necessitating bankruptcy.


Types of Bankruptcy
There are different types of bankruptcies, each designed to address specific financial situations.
Chapter 7 Bankruptcy
Chapter 7 bankruptcy is a form of bankruptcy that involves the liquidation of assets to repay creditors. It is commonly filed by individuals who are unable to meet their financial obligations and seek relief from overwhelming debt. [1]

One key aspect of Chapter 7 bankruptcy is the prioritization of secured creditors for payment. Secured creditors hold a claim on specific assets, such as a car or a home, which serve as collateral for the debt owed.

These creditors have the right to recover the value of the collateral before any payments are made to unsecured creditors. In the liquidation process, non-exempt assets owned by the debtor are sold, and the proceeds are distributed among the secured creditors.

Once these debts have been satisfied, any remaining unsecured debts are discharged. This means that the debtor is no longer personally responsible for those debts and can have a fresh financial start.

Chapter 7 bankruptcy does have its drawbacks. Stockholders in a business that files for Chapter 7 may not receive payment since their claims are typically ranked below those of secured and unsecured creditors.
Chapter 11 Bankruptcy
Chapter 11 bankruptcy provides businesses with a mechanism to create a plan for debt repayment while still operating. It allows companies to reorganize and restructure their finances, aiming to regain profitability and financial stability. [2]

One of the key benefits of Chapter 11 bankruptcy is that it enables businesses to stay operational while working towards resolving their financial difficulties. This is vital in:

 	Maintaining customer relationships
 	Maximizing the value of the business as a going concern
 	Preserving jobs

By having the opportunity to restructure debt, negotiate with creditors, and develop a repayment plan, companies can lay the foundation for a successful turnaround.

Chapter 11 bankruptcy does come with potential negative consequences as well. For instance, the announcement of the bankruptcy filing can lead to a drop in share prices and erode investor confidence.

The bankruptcy process can involve significant costs, including legal fees and other professional expenses. Furthermore, the company's management may be replaced or have to relinquish control to a bankruptcy trustee appointed by the court.


Chapter 13 Bankruptcy
Chapter 13 bankruptcy is designed to provide individuals with a viable solution for managing their debts while maintaining control of their assets.

Unlike Chapter 7 bankruptcy, which involves liquidating assets to pay off creditors, Chapter 13 focuses on debtor reorganization and repayment plans.

One of the key features of Chapter 13 bankruptcy is the emphasis on creating a feasible repayment plan. This plan is typically structured to last three to five years, allowing individuals to repay as much of their debts as possible.

By formulating a repayment plan, debtors can work towards satisfying their creditors while maintaining an affordable monthly payment.

To be eligible for Chapter 13 bankruptcy, individuals must have a regular income sufficient to cover their living expenses and the proposed repayment plan.

This requirement ensures that debtors have the means to meet their obligations and demonstrates their commitment to resolving their financial difficulties.
Other Types of Bankruptcies
In addition to Chapter 13 bankruptcy, which focuses on repayment plans for individuals, there are other types of bankruptcies available for different purposes and entities.

Understanding these bankruptcy options can help individuals and organizations choose the most suitable path to address their financial difficulties.

Chapter 9 bankruptcy is specifically designed for municipalities, such as cities, towns, counties, and school districts. It allows them to restructure their debts while continuing to provide essential public services to the community.

This type of bankruptcy was created to provide a framework for financially distressed municipalities to effectively manage their outstanding debts.

Chapter 10 bankruptcy, on the other hand, is designed for small businesses. This option allows eligible debtors to restructure their debts and create a feasible plan for repayment.

Chapter 10 bankruptcy is particularly advantageous for small businesses as it provides a legal process that can help them overcome financial difficulties and continue operations.

Chapter 12 bankruptcy is specifically aimed at family farmers or family fishermen. It provides them with the opportunity to reorganize their debts and create a workable repayment plan over a period of time.

This type of bankruptcy acknowledges the unique financial challenges faced by family farmers and fishermen and provides them with the necessary tools to retain their farms or fishing businesses.

By understanding the characteristics and purposes of each type of bankruptcy, individuals and organizations can make informed decisions about which option is best suited to their specific circumstances.


Understanding the Impact on Credit Scores
Bankruptcy can significantly lower credit scores, making it difficult for individuals to obtain new credit or loans in the future. The duration that bankruptcy stays on credit reports also varies depending on the type of bankruptcy filed.

For Chapter 7 bankruptcy, it remains on credit reports for ten years, while Chapter 13 bankruptcy stays on credit reports for seven years.

Despite the initial negative impact on credit scores and reports, studies have shown that credit scores can actually bounce back after bankruptcy, especially when individuals take steps to rebuild their credit. This can be done by making timely payments on any remaining debts, using secured credit cards responsibly, and practicing good financial habits.

The extent of the increase, however, can vary depending on several factors. These include the type of bankruptcy filed (Chapter 7 or Chapter 13) and whether the filer successfully completed the bankruptcy process.

If you are having difficulty managing your debt, our attorneys at the law office of Richard West can help. Contact us today for a free consultation.
Sources:
[1] Chapter 7 - Bankruptcy Basics. (n.d.). United States Courts. https://www.uscourts.gov/services-forms/bankruptcy/bankruptcy-basics/chapter-7-bankruptcy-basics
[2] Chapter 11 - Bankruptcy Basics. (n.d.). United States Courts. https://www.uscourts.gov/services-forms/bankruptcy/bankruptcy-basics/chapter-11-bankruptcy-basics

### Stop Wage Garnishment

Wage Garnishment
Wage garnishment is a legal process used by creditors to collect outstanding debts from individuals who have not fulfilled their financial obligations.

It involves the court ordering an employer to withhold a certain portion of the debtor's wages, which will then be directly paid to the creditor.

The purpose of wage garnishment is to ensure that creditors are able to recover their money, typically in cases where other collection efforts have been unsuccessful. [1]

This process can be used to collect various types of debt, including:

 	Credit card debt
 	Personal loans
 	Student loans
 	Taxes
 	Unpaid child support



Wage garnishment can have a significant impact on the financial situation of the debtor, as it reduces their disposable income and can lead to a downward spiral of financial difficulties.

Options for individuals facing wage garnishment include filing for bankruptcy, seeking legal assistance, or negotiating a repayment plan with the creditor.

By taking proactive measures, individuals can potentially stop or reduce the impact of wage garnishment.
Impact on Financial Situation
The reduction in income caused by wage garnishment can make it difficult for individuals to cover their basic expenses and bills. With less disposable income available, it can be challenging to maintain a balanced budget and meet financial obligations. This can lead to further financial strain and potential damage to their credit scores.

Having a garnishment on record can make it harder to access credit or secure loans in the future. Employers may also view an individual with wage garnishment as a risk, potentially affecting their job prospects.
Understanding Wage Garnishment Law
Wage garnishment is a legal process in which a portion of an individual's wages is withheld by an employer to satisfy a debt owed to a creditor.

This process can be a significant source of financial stress and can have long-lasting effects on an individual's financial stability. It is important for individuals to have a clear understanding of wage garnishment laws to know their rights and options.

Wage garnishment laws vary by jurisdiction, but they generally outline the maximum amount that can be garnished from an individual's wages, as well as the types of debts that can be subject to garnishment.

These laws also provide guidelines on how much notice must be given to the debtor, how to claim exemptions, and what legal actions can be taken to challenge the garnishment.

One important aspect of wage garnishment law is the protection it provides for certain types of income. Federal law limits the amount that can be garnished from an individual's wages for certain types of debts, such as child support and student loans.

There are provisions in place to protect individuals who are considered "head of household," ensuring that they have enough income to cover basic living expenses.


Federal Minimum Wage Laws
Federal minimum wage laws play a significant role in the calculation of wage garnishments for consumer debt.

Currently, the federal minimum wage is set at $7.25 per hour, and this amount is used to determine the maximum percentage of disposable income that can be garnished.

When individuals owe consumer debts such as credit card debt or personal loans, the law allows creditors to garnish a portion of their wages to repay the debt. However, there are limits on how much can be garnished.

The Consumer Credit Protection Act (CCPA) sets a maximum garnishment limit based on an individual's disposable income.

For federally guaranteed student loans, the maximum garnishment amount can be up to 15% of disposable income. However, this can increase to 25% for defaulted loans.

In the case of back taxes, the Internal Revenue Service (IRS) has the authority to garnish up to 15% of an individual's disposable income.

State laws may provide additional protection for wage garnishments, either by lowering the maximum percentage or exempting certain types of income altogether.
Options to Stop Wage Garnishments
When faced with the threat of wage garnishment due to mounting consumer debt, individuals have several options at their disposal to stop this process and regain control over their finances.

By exploring negotiation and repayment plans, debt settlement, or filing bankruptcy, individuals can effectively address their debt and prevent wage garnishment from occurring or continuing.
Negotiation and Repayment Plans
One of the primary options for stopping wage garnishment is to negotiate with the collection agency and establish a repayment plan. This involves reaching an agreement with the agency on a structured payment arrangement that is feasible for both parties.

By showing a willingness to resolve the debt and making consistent payments, individuals can avoid the negative consequences of wage garnishment and regain financial stability.
Debt Settlement
Another viable option to halt wage garnishment is through debt settlement. This approach involves negotiating with the collection agency to settle the debt for a lower amount than what is originally owed.


Bankruptcy Filing to Stop Wage Garnishments
Bankruptcy filing can be a valuable tool for individuals seeking to stop legal action by creditors. When faced with overwhelming debt and constant collection efforts, bankruptcy offers a legal process to obtain relief and regain control over one's financial situation.

When filing for bankruptcy, gathering the necessary financial documents is the first step. This includes producing records of:

 	assets
 	debts
 	expenses
 	income

Individuals are required to complete credit counseling courses when filing for bankruptcy. These courses aim to educate and inform debtors about alternatives to bankruptcy and provide them with the necessary tools to make informed financial decisions.

Once the pre-filing requirements are met, individuals can proceed to fill out bankruptcy petitions. These documents include detailed information about the debtor's financial situation.

After the bankruptcy petitions are filed, individuals will receive a case number from the bankruptcy court. This case number acts as a reference throughout the bankruptcy process and is used to track the progress of the case.

To stop garnishment, individuals can request a copy of the earnings withholding order from the creditor and provide it to the bankruptcy court. This will halt the wage garnishment and prevent further legal action by creditors.

At the law office of Richard West, we have the experience to help you stop wage garnishment and provide legal guidance on a variety of other debt relief options. Contact us today to discuss your specific situation.
Sources:
[1] Wage Garnishment | Definition and How it Works | ADP. (2023, July 21). https://www.adp.com/resources/articles-and-insights/articles/a/all-you-need-to-know-about-wage-garnishments.aspx

[2] Fact Sheet #30: The Federal Wage Garnishment Law, Consumer Credit Protection Act’s Title III (CCPA). (n.d.). DOL. https://www.dol.gov/agencies/whd/fact-sheets/30-cppa

### The Impact of Bankruptcy on Your Cosigners

The impact of bankruptcy can be far-reaching, not only on the individuals who file for it but also on their cosigners. When a person files for bankruptcy, they are seeking legal protection from their creditors by declaring an inability to pay their debts.This process allows them to either discharge their debts entirely or create a repayment plan that is more manageable for their financial situation. Individuals must understand that bankruptcy can significantly impact the cosigners, who are legally responsible for the debt in the event that the primary borrower defaults.The negative effects on the cosigners' credit reports, credit scores, and overall financial life can be substantial, causing financial harm and affecting their ability to secure credit in the future.This means that both primary borrowers and their cosigners to carefully consider the ramifications of filing for bankruptcy and explore alternative solutions to address their debt issues.		
			Bankruptcy Impact on The Cosigners		
		Bankruptcy can have a significant impact on cosigners, as their liability remains even after the primary borrower files for bankruptcy.While the primary borrower may be seeking debt relief through bankruptcy, the cosigners are still legally responsible for the debt. This can have various negative repercussions for cosigners, including a negative impact on their credit score.When a primary borrower files for bankruptcy, it can lead to late payments or even missed payments on the loans or credit accounts that they cosigned.This can result in negative information being reported to the credit bureaus, causing a drop in the cosigners' credit scores. A lower credit score can make it more challenging for cosigners to access credit in the future.Creditors may engage in collection efforts to recover the outstanding debt from cosigners.They may contact cosigners through phone calls and letters, and in some cases, they may even pursue legal action against them. These collection efforts can be stressful and disruptive to cosigners' financial lives.Before cosigning, it is advisable to assess the primary borrower's financial situation carefully and consider the implications that bankruptcy may have on both parties.Cosigning should not be taken lightly, as it can result in long-term consequences on the cosigner's credit and financial stability.		
																														
			Credit Reports and Credit Score		
		When a primary borrower files for bankruptcy, it can have a significant impact on the credit reports and credit scores of their cosigners.Late payments or missed payments on the loans or credit accounts that they cosigned can result in negative information being reported to the credit bureaus, leading to a drop in the cosigners' credit scores.A lower credit score can make it more difficult for cosigners to access credit in the future, as it signals to lenders that they may be a higher risk to lend to.This negative impact on credit reports and credit scores can have lasting effects on cosigners' financial lives, making it important for them to carefully consider the potential consequences before agreeing to cosign a loan or credit account.		
			Repercussions on Cosigners		
		When a borrower files for bankruptcy, it can have serious repercussions on cosigners. A cosigner is equally responsible for the debt if the borrower defaults, and this responsibility remains even if the borrower reaffirms the debt.If the borrower fails to follow the reaffirmation agreement and stops making payments, the cosigner may face property loss if the collateral is repossessed, debt collection efforts by the creditor, and a potential negative impact on their credit score. [1]The cosigner's credit history and financial future are directly tied to the borrower's actions, and any missed or late payments can have a lasting effect on their creditworthiness.Cosigners must fully understand the potential consequences and carefully consider their involvement before agreeing to cosign a loan.		
																														
			The Risks for Cosigners When an Individual Files for Bankruptcy		
		When a primary borrower files for bankruptcy, it can have significant implications for their cosigners. Here are some of the risks that cosigners face in this situation:		
					
							
										Credit impact:  The bankruptcy filing can have a negative impact on the cosigner's credit score. Late payments and the discharged debt will be reflected on their credit report, making it harder to secure credit in the future.
									
								
										Liability for the debt:  Cosigners are equally responsible for repaying the loan. If the primary borrower files for bankruptcy, the cosigner may become solely liable for the remaining balance.
									
								
										Responsibility to repay the loan:  Cosigners may be required to continue making monthly payments on the loan. If they fail to do so, it can further damage their credit history.
									
						
		Bankruptcy can have serious consequences on both their financial and credit life. If considering cosigning, it's important to carefully evaluate the primary borrower's financial situation and their ability to repay the loan.		
			How Can a Cosigner Protect Themselves from Negative Impact		
		When a primary borrower files for bankruptcy, the impact can be significant for their cosigners; there are steps that cosigners can take to protect themselves from the negative consequences.		
					
							
										Explore refinancing options:  Refinancing the loan may transfer the responsibility solely to the primary borrower, releasing the cosigner from any future liability. This option allows the cosigner to protect their credit score and avoid further financial obligations.
									
								
										Request a reaffirmation agreement:  In Chapter 7 bankruptcy, cosigners can ask the primary borrower to sign a reaffirmation agreement. This legally binds the borrower to continue making payments on the debt, thereby protecting the cosigner's credit score and ensuring the loan remains intact.
									
								
										Seek legal advice:  Consulting with a bankruptcy attorney can provide cosigners with a clear understanding of their rights and the best course of action to protect themselves. An attorney can guide them through the process and help them explore all available options.
									
								
										Stay informed:  Cosigners should closely monitor the primary borrower's financial situation. Regular communication and awareness of any missed payments or potential bankruptcy filings can help them prepare and take proactive measures.
									
								
										Understand Chapter 13 bankruptcy:  Unlike Chapter 7, Chapter 13 bankruptcy allows for a "co-debtor stay." This prevents creditors from pursuing collection efforts against cosigners. This protection can provide significant relief to cosigners and allow them to avoid the negative impact of the primary borrower's bankruptcy.
									
						
		By taking these steps, cosigners can mitigate the negative impact of the primary borrower's bankruptcy filing and protect their financial future. It is always important for cosigners to be proactive and well-informed about their legal responsibilities and the options available to them.		
																														
		Contact our experienced bankruptcy attorneys at The Law Offices of Richard West for more information about the risks and consequences of cosigning a loan. We can provide you with expert advice and assistance to ensure your rights are protected.		
			Source:		
		[1] Attorney, C. O. (2023, March 30). Will My Cosigner Be Liable for Debt if I File Bankruptcy? www.nolo.com. https://www.nolo.com/legal-encyclopedia/cosigner-liable-debt-file-bankruptcy.html

### Debunking Common Bankruptcy Stereotypes

If you are considering filing for bankruptcy, but are hesitant due to stereotypes?
People Who File for Bankruptcy Are Financially Irresponsible
When it comes to bankruptcy, one of the most common stereotypes is that people who file for bankruptcy are financially irresponsible. The reality is that bankruptcy is often a result of unforeseen circumstances and financial hardship rather than a lack of financial responsibility.

Medical care is a common reason people find themselves filing for bankruptcy. In the United States, where healthcare costs can be exorbitant, a medical emergency or a chronic illness can quickly lead to overwhelming debt. This has nothing to do with a lack of financial responsibility but rather the high costs associated with medical treatments and care.

The bankruptcy process itself is not an easy one to go through. It involves complex legal procedures and requires individuals to disclose their financial information, credit scores, and credit card debt. Filing for bankruptcy is not a decision that is made lightly; it is often a last resort for individuals who have explored other options and are facing insurmountable debt.

Filing for bankruptcy is not a quick fix that allows individuals to wipe away their debts and start fresh. Depending on the type of bankruptcy filed, it can take several years for the process to be completed. During this time, individuals are required to adhere to strict financial guidelines, and their finances are closely monitored.

Another misconception is that bankruptcy is a result of living beyond one's means. While this may be the case for some individuals, in many situations, bankruptcy is caused by external factors such as job loss, divorce, or the financial crash of a business.

Unexpected life events can have a significant impact on an individual's financial stability, often leaving them with no choice but to seek bankruptcy protection.

Individual filings increased 16% to 33,755 in July 2023 from the 29,241 filed in July 2022. [1]


Filing Bankruptcy Will Ruin Your Credit Forever
Bankruptcy may remain on your credit report for a period of 7 to 10 years, depending on the type of bankruptcy filed. While this may seem like a long time, it is not an eternity, and there are steps you can take to start rebuilding your credit even during this period.

As you work towards rebuilding your financial life, take proactive steps to improve your credit score.

 	Develop a Financial Action Plan:  Take charge of your financial future by creating a realistic budget and sticking to it. Demonstrate responsible financial behavior by paying your bills on time and in full.
 	Community Action:  Explore organizations and resources in your community that provide financial counseling and education. These programs can help you improve your financial literacy and provide personalized guidance tailored to your specific situation.
 	Establish New Credit:  While it may seem counterintuitive, obtaining new credit after bankruptcy can actually help rebuild your credit score. Start by applying for a secured credit card or becoming an authorized user on someone else's account. Use this new credit responsibly by making small purchases and paying the balance in full each month.
 	Monitor Your Credit:  Keep a close eye on your credit report to ensure accuracy and identify any discrepancies. Regularly review your credit report to track your progress and address any potential issues that may arise.

Bankruptcy Discharges All Debt
Types of debt that bankruptcy cannot discharge:

 	Secured Debts:  Bankruptcy cannot discharge debts secured by collateral, such as mortgages or car loans. These loans are tied to physical assets that can be repossessed by creditors if payments are not made.
 	Non-dischargeable Debts:  Certain debts, such as alimony, child support, student loans (in most cases), and recent income tax obligations, generally cannot be discharged through bankruptcy.
 	Fraudulent or Criminal Debts:  If a debt was incurred through fraudulent activities or as a result of criminal behavior, such as fines or restitution, bankruptcy will not discharge those obligations.
 	Debts Incurred After Filing:  Any debts acquired after filing for bankruptcy will not be discharged. It's important to continue to fulfill financial obligations and seek alternative solutions for managing new debts responsibly.

Types of Debt that Bankruptcy Can Discharge:

 	Credit Card Debt:  Unsecured debts, such as credit card debt, can typically be discharged through bankruptcy, allowing individuals to alleviate their financial burden and move forward.
 	Medical Bills:  The high cost of medical care can sometimes lead to overwhelming debt. Bankruptcy can provide relief by discharging medical bills, offering individuals the opportunity to regain financial stability.

More than 40% of US survey respondents are currently in debt due to medical bills. [2]

 	Personal Loans:  Non-collateralized personal loans can often be discharged through bankruptcy, helping individuals who are struggling with unmanageable debt resulting from these loans.


Everyone Will Know You Filed for Bankruptcy
Bankruptcy proceedings are legal processes that are designed to help individuals or businesses overcome financial hardships. They are typically handled through the federal court system and are a part of public records. This means that while the filing itself is not private, it is unlikely that anyone you know will stumble upon this information unless they actively search for it.

In general, bankruptcy filings are not published in local newspapers or announced on social media platforms. Unless someone has a specific reason to search for your bankruptcy filing, such as being a creditor or conducting a background check, it is doubtful that they will discover this information.

Bankruptcy is a tool for financial recovery. It is not a mark of failure or incompetence. Many successful individuals and businesses have gone through the bankruptcy process and come out stronger on the other side.

It is a practical solution for dealing with overwhelming debt and getting a fresh start.
You'll Lose Everything in Bankruptcy
The bankruptcy process includes exemptions that safeguard certain assets from being liquidated to repay debts. These exemptions vary from state to state but commonly cover essentials like your primary residence, vehicle, household goods, retirement accounts, and more. It ensures that you have the means to maintain a reasonable standard of living during and after bankruptcy.

Many individuals who file for bankruptcy see their credit rating improve over time. Once you've completed the bankruptcy process, you have the opportunity to start fresh and rebuild your credit.

Working with a knowledgeable bankruptcy attorney can help you navigate the exemption planning process. They can strategically structure your assets and finances to protect as much property as possible under the law. Leveraging their expertise, you can ensure that your most important assets are safeguarded during bankruptcy proceedings.

Bankruptcy doesn't necessarily mean losing all of your income. Individuals can continue earning additional income even while undergoing bankruptcy. Certain sources, such as child support, Social Security benefits, or government assistance, are typically protected from seizure. This can provide a valuable financial lifeline during a challenging period.


It's Hard to File for Bankruptcy
While bankruptcy is a legal process that involves navigating complex laws and procedures, it does not mean that it is difficult to file for bankruptcy.

Hiring an experienced bankruptcy attorney can help streamline the process and guide you through each step. They will handle the paperwork, represent you in court if necessary, and ensure that your rights are protected throughout the process.

Filing for bankruptcy is not as hard as it is often perceived to be. It is a legal process that provides individuals and businesses with a chance to regain control over their finances and start afresh. By dispelling these common bankruptcy stereotypes, we hope to encourage individuals facing financial hardships to consider bankruptcy as a potential solution to their financial troubles.

If you're feeling overwhelmed by debt and unsure of your options, our team of experienced bankruptcy lawyers at Richard West Law Office can provide you with the clarity and peace of mind you need.

Contact Richard West Law Office today to schedule a consultation.
Sources:
[1] Bankruptcy Statistics | ABI. (n.d.). https://www.abi.org/newsroom/bankruptcy-statistics

[2] Kuadli, J. (2023, May 20). 9 Mind-Blowing Bankruptcy Statistics for 2023. https://legaljobs.io/blog/bankruptcy-statistics/

### Understanding the Automatic Stay in Bankruptcy

If you are considering filing for bankruptcy, you may be interested in learning about the concept of automatic stay.
What is an Automatic Stay in Bankruptcy?
When individuals or businesses face overwhelming financial challenges and decide to file for bankruptcy, they often find relief in the automatic stay provision. The automatic stay is a powerful tool that provides debtors with immediate protection from collection efforts and legal actions by creditors. [1]

The automatic stay applies to all types of bankruptcy, whether it is a Chapter 7 liquidation or Chapter 13 reorganization. It protects not only individual debtors but also corporate debtors. There are certain exceptions to the automatic stay, such as criminal proceedings or actions related to domestic support obligations.

Violating the automatic stay can have serious consequences for creditors. They may face penalties, including punitive damages and the payment of the debtor's attorney fees. The court may also issue an injunction against the creditor, prohibiting them from taking any further collection actions. In extreme cases, a creditor could be held in contempt of court for willful violation of the automatic stay.


How Does the Automatic Stay work?
When a debtor files for bankruptcy, the automatic stay instantly stops all collection activities in their tracks. This means that creditors and debt collectors cannot pursue foreclosure actions, eviction proceedings, wage garnishment, or repossession of assets. It also puts a halt to collection agency calls and demands for payment.

The primary purpose of the automatic stay is to give debtors some breathing space and a chance to regain control of their financial situation. It provides them with a temporary reprieve from the relentless pressure of creditors, allowing them to assess their debts, explore their options, and come up with a plan to repay or discharge their debts through bankruptcy proceedings.
What Types of Debts are Included in an Automatic Stay?
The automatic stay applies to both secured and unsecured debts. Secured debts are those that have collateral attached to them, such as a mortgage or car loan, where the creditor has a right to repossess the property if payments are not made.

With the automatic stay in place, secured creditors cannot initiate or continue foreclosure proceedings, repossession actions, or any other collection efforts related to their secured debt. This provides debtors with invaluable protection during their bankruptcy proceedings.

Unsecured debts, on the other hand, are not tied to any specific property or asset. Examples of unsecured debts include credit card debts, medical bills, personal loans, and certain types of tax debts. The automatic stay prevents creditors from taking any collection actions on these debts, such as filing a lawsuit, garnishing wages, or contacting the debtor for payment.


What Activities Are Not Subject to the Automatic Stay?
One category of activities not subject to the automatic stay is criminal proceedings. If a debtor is involved in any criminal actions or is facing charges for offenses like fraud or embezzlement, the automatic stay will not apply to those proceedings.

This exception is necessary to uphold the principles of criminal justice and allow criminal cases to proceed without hindrance, ensuring that individuals are held accountable for their actions.

Actions related to domestic support obligations are not included in the automatic stay. Debts such as child support and alimony are considered a priority under bankruptcy laws, as they are critical for the well-being of children and former spouses.

If the debtor owes specific tax debts, the government entity responsible for collecting those taxes may continue its collection efforts during the bankruptcy proceedings. This means that the automatic stay does not prevent the government from pursuing any tax liens, seizing tax refunds, or undertaking any other actions related to outstanding tax debt.
Timing of the Automatic Stay
Understanding the timing of the automatic stay is important for debtors because it affects the treatment of their debts and assets. If a debtor is facing foreclosure, filing for bankruptcy before the foreclosure sale can stop the proceedings and potentially give them an opportunity to catch up on overdue mortgage payments through a repayment plan.

If a debtor is in danger of having their vehicle repossessed, filing for bankruptcy can prevent the repossession and allow them to work out a plan to keep the vehicle while repaying the outstanding debt.

If a debtor has previously filed for bankruptcy within a specific time frame, the automatic stay may only be in effect for a limited period or not at all. If a debtor files for bankruptcy for the second time within one year, the automatic stay only lasts for 30 days unless the debtor can demonstrate that the subsequent filing is necessary to protect against an imminent loss of property.

Actions taken by creditors before the bankruptcy petition is filed may not be affected by the automatic stay. For instance, if a creditor has already obtained a judgment of possession for a property, the automatic stay will not reverse that judgment. It may provide the debtor with an opportunity to negotiate a resolution or seek protection for their interests.


When to Seek Relief from the Automatic Stay
One common situation where creditors seek relief from the automatic stay is when there is a risk of irreparable harm or significant financial loss. If a debtor is failing to make mortgage payments and their property is at risk of foreclosure, the mortgage lender may file a motion to lift the stay to proceed with foreclosure proceedings. This allows the lender to protect their interest in the property and minimize potential losses.

Creditors may also seek relief from the automatic stay if the debtor has no equity in their collateral. If the value of the collateral is significantly less than the amount owed, the creditor may argue that continuing with foreclosure or repossession proceedings would not adversely affect the bankruptcy estate. This is often seen in cases where the debtor's car is worth less than the outstanding loan balance.

Another reason for seeking relief from the automatic stay is when the debtor is not adequately protecting the creditor's interest.

If a debtor is not maintaining insurance coverage on a property that serves as collateral for the debt, the creditor may argue that their interest is at risk and request permission to proceed with collection efforts.

Creditors may also allege that the debtor filed for bankruptcy in bad faith or with an abusive intent. If a creditor can demonstrate that the debtor is using the automatic stay as a tool to maliciously delay or obstruct legitimate collection efforts, they may seek relief from the stay to hold the debtor accountable for their actions.
Are you facing overwhelming debt and in need of relief?
Contact Richard West experienced bankruptcy lawyer today to understand how the automatic stay can help you start fresh and take control of your financial future.
Sources:
[1] Kagan, J. (2023, April 26). Automatic Stay: What it is, How it Works, Example. Investopedia. https://www.investopedia.com/terms/a/automaticstay.asp

### Avoiding Foreclosure in Akron, Ohio

What is Foreclosure?
In basic terms, foreclosure is the legal process by which a lender attempts to recover the balance of a loan when a borrower fails to make the required payments. It essentially allows the lender to take possession of the property and sell it to recoup the funds owed.

Foreclosure in Akron typically begins when a homeowner falls behind on their mortgage payments. This could be due to various factors, such as job loss, medical expenses, or other financial hardships.

After a certain period of non-payment, the lender will issue a notice of default, informing the homeowner of their intention to proceed with foreclosure proceedings.

Foreclosure is a legal process by which a homeowner forfeits their rights to their property, based on their inability to make monthly mortgage payments (typically when a borrower is more than 120 days delinquent). [1]

Once the notice of default is issued, the homeowner has limited time to either catch up on their payments or work out an alternative solution with the lender. This could involve loan modification, refinancing, or entering into a repayment plan.

If the homeowner fails to resolve the unpaid debt, the lender will then file a lawsuit to initiate the foreclosure process through the court system.

This typically involves a series of legal steps, including a public auction of the property, in which the highest bidder becomes the new owner.

According to 2021 industry data, a foreclosure takes an average of 922 days, from start to finish. [1]

Foreclosure can have severe consequences for homeowners. Not only does the person lose their property, but their creditworthiness is also greatly affected. A foreclosure can remain on a person's credit report for up to seven years, making it challenging to secure future loans or favorable interest rates.

In Akron, Ohio, like in many other states, there are foreclosure prevention programs and resources available to help homeowners navigate this challenging situation. It is important for individuals facing potential foreclosure to seek professional guidance from foreclosure lawyers, mortgage lenders, or housing counseling agencies.

These professionals can provide advice on how to avoid foreclosure and explore potential options for loan modification or repayment plans.


Common Causes of Foreclosure in Akron, Ohio
Foreclosure can be a distressing experience for homeowners in Akron, Ohio. Understanding the common causes of foreclosure can help individuals and families take proactive measures to avoid this financial setback. While the specific circumstances may vary, here are some of the most prevalent reasons for foreclosure in Akron:

 	Financial Hardship:  Unforeseen financial challenges such as job loss, medical expenses, or divorce can make it difficult for homeowners to keep up with their mortgage payments. Without a steady income or financial support, homeowners may find themselves falling behind on their monthly obligations, increasing the risk of foreclosure.
 	Adjustable-Rate Mortgages:  Many homeowners opt for adjustable-rate mortgages (ARMs) as an initial means to lower their monthly payments. However, when interest rates rise after an initial introductory period, homeowners may find it challenging to afford the mortgage payments. Failure to adjust to higher monthly payments can result in foreclosure.
 	Excessive Debt:  Accumulating excessive debt, whether it be through credit cards, personal loans, or other obligations, can strain a homeowner's finances. If debt becomes unmanageable, it can become difficult to make mortgage payments and potentially lead to foreclosure.
 	Property Depreciation:  Real estate market fluctuations can have an impact on homeowners in Akron. If property values decline significantly, homeowners may find themselves owing more on their mortgages than their homes are worth. This situation, also known as being underwater on the mortgage, can make it challenging to sell the property or refinance, increasing the risk of foreclosure.
 	Lack of Financial Knowledge:  Many homeowners in Akron may lack the necessary financial literacy to effectively manage their mortgages and avoid foreclosure. They may not understand the terms of their mortgage, fail to keep track of their expenses, or be unaware of available resources and assistance programs.
 	Inadequate Insurance Coverage:  Lack of or insufficient homeowner's insurance can leave homeowners vulnerable to unexpected events such as natural disasters or accidents. Without adequate coverage, homeowners may struggle to rebuild or repair their homes, leading to foreclosure.
 	Failure to Seek Assistance:  Some homeowners facing financial difficulties may be hesitant to seek help or advice. They may not be aware of the options available to them, such as loan modification programs or foreclosure counseling services. Failing to reach out for assistance can exacerbate the situation and increase the likelihood of foreclosure.


How to Avoid Foreclosure in Akron, Ohio
Losing your home due to financial difficulties is a situation that nobody wants to find themselves in. Fortunately, there are steps you can take to avoid foreclosure and protect your property.

 	Communicate with your mortgage lender:  If you're struggling to make your monthly mortgage payments, the first thing you should do is reach out to your lender. Explain your financial situation and discuss potential options to modify your loan terms or create a repayment plan that suits your current circumstances. Many lenders are willing to work with homeowners in order to avoid foreclosure.
 	Seek foreclosure prevention counseling:  There are nonprofit organizations and government agencies that offer foreclosure prevention counseling services to homeowners. These counselors can provide guidance on your financial situation, help you understand your rights and options, and provide information about available assistance programs.

When difficulties arise, communicating with mortgage servicers and working with a HUD Participating Housing Counseling Agency can help homeowners preserve savings and develop a plan to support their housing goals. [3]

 	Explore loan modification programs:  Akron homeowners may be eligible for loan modification programs offered by their mortgage lenders or through government initiatives. Loan modifications can lower monthly payments, adjust the interest rate, or extend the loan term to make it more manageable. Contact your lender or consult with a foreclosure lawyer to understand the eligibility criteria and application process for loan modification programs.
 	Consider refinancing:  Refinancing your mortgage involves replacing your current loan with a new one that has more favorable terms. If interest rates have dropped since you first obtained your mortgage, refinancing may lower your monthly payments. However, it's important to carefully evaluate the costs and benefits of refinancing to ensure it is a viable solution for your financial situation.
 	Budget wisely and cut expenses:  When facing financial hardship, it's essential to examine your budget and identify areas where you can cut expenses. Create a realistic spending plan that allows you to prioritize your mortgage payments and other essential bills. This may require making sacrifices and temporarily reducing discretionary spending until your financial situation improves.
 	Explore assistance programs:  Ohio offers various assistance programs for homeowners in danger of foreclosure. For example, Save The Dream Ohio Fund provides financial assistance to eligible homeowners to keep their mortgage payments current or temporary support during a financial crisis. Research and inquire about similar programs that can provide temporary relief and help you stay on track with your mortgage payments.

Ohioans can receive assistance with rent, or utilities from the state of Ohio through their local Community Action Agency (CAA). Check if you are eligible and apply at your local CAA. [4]

 	Avoid scams:  Unfortunately, there are dishonest individuals and companies that prey on vulnerable homeowners facing foreclosure. Be cautious of anyone promising quick fixes or requesting upfront fees for their services. Consult with reputable foreclosure attorneys or HUD-approved housing counselors to ensure you are getting accurate information and assistance from trustworthy sources.


Analyze Your Financial Situation
By thoroughly examining your income, expenses, and debts, you can gain a clear understanding of your financial standing and make informed decisions to protect your home. Here are some steps to help you analyze your financial situation effectively:

 	Gather all financial documents:  Start by collecting all your financial documents, including bank statements, pay stubs, tax returns, and bills. This will give you a comprehensive picture of your income, expenses, and debts.
 	Calculate your income:  Determine your monthly income by adding up all sources of income, such as wages, rental income, and government benefits. Having an accurate understanding of your income will help you assess your ability to meet your mortgage payments.
 	Assess your expenses:  List all your monthly expenses, including essential bills like utilities, groceries, transportation, and healthcare. Don't forget to account for discretionary expenses such as entertainment and dining out. Analyzing your expenses will help you identify areas where you can cut back to free up more money for your mortgage payments.
 	Evaluate your debts:  Take a closer look at your outstanding debts, including credit card balances, student loans, and car loans. Determine the minimum monthly payments and any outstanding balances. It's essential to have a clear picture of your debt obligations to understand their impact on your overall financial situation.
 	Compare income and expenses:  Once you have an overview of your income and expenses, compare the two. If your expenses are consistently higher than your income, it's an indication that you need to make adjustments to avoid falling behind on your mortgage payments. Identify areas where you can reduce expenses or increase your income to create a more balanced budget.
 	Identify financial challenges:  As you analyze your financial situation, take note of any challenges or obstacles that may pose a risk to your ability to make mortgage payments. It could be a job loss, a significant medical expense, or a sudden increase in living costs. Being aware of these challenges will help you proactively address them and seek appropriate assistance if needed.

Be Proactive With Preventing Foreclosure
The longer you wait to seek help, the more difficult it will be to prevent foreclosure.

Analyzing your financial situation is an ongoing process. Your financial circumstances may change over time, so regularly reviewing your income, expenses, and debts is vital.

By staying proactive and taking the necessary steps to secure your financial stability, you can protect your home from the threat of foreclosure.

Contact Richard West, an experienced bankruptcy lawyer serving Akron, Ohio, today to safeguard your home and avoid foreclosure.
Sources:
[1] Arthur, M. (2023, June 23). Foreclosure: Definition, process and Next Steps. Zillow. https://www.zillow.com/foreclosures/overview/what-is-a-foreclosure/

[2] Akron, Ohio. (2023, July 25). Wikipedia. https://en.wikipedia.org/wiki/Akron,_Ohio

[3] Providing Foreclosure Prevention Counseling. (n.d.). HUD Exchange. https://www.hudexchange.info/programs/housing-counseling/foreclosure-prevention/

[4] Home Relief Grant. (n.d.). https://development.ohio.gov/individual/energy-assistance/home-relief-grant

### Ohio Burger King Bankruptcy

Burger King Franchisee Files Chapter 11 Bankruptcy in Akron, OH
Burger King, a well-known fast food chain, has faced its fair share of challenges in recent years. However, the latest blow comes from Akron, Ohio, where one of its franchisees has filed for Chapter 11 bankruptcy protection. This filing has sent shockwaves through the local community and raised concerns about the future of this beloved fast-food establishment.

 



 

The franchisee in question is Tom's King, a company operating multiple Burger King locations in Akron. Tom's King Holdings, a major Burger King franchisee, recently submitted a bankruptcy petition in response to mounting financial troubles. While the exact reasons for their bankruptcy filing have not been disclosed, speculations point to issues such as increased food costs, availability of labor, and increases in shipping.

Tom's King Holdings operates 90 Burger King restaurants across 4 states. [1] With this bankruptcy filing, it is uncertain what will happen to these establishments and the employees working at them. The filing will likely affect the franchisee's credit agreement with Burger King's parent company, Restaurant Brands International, which might further complicate the situation.

Most of those 90 restaurants are now set to be saved since not one, but four buyers have offered to purchase a total of 82 locations, Restaurant Business Magazine reported. The bankruptcy court has yet to approve the sale, but if it does, the vast majority of the restaurants will be able to continue serving guests under their new owners. [2]

Burger King has struggled for years with weak sales and weak operator profits. Profitability worsened last year as inflation hit many restaurants. The company is working to improve sales and profitability, but many operators continue to struggle, prompting bankruptcy filings. [3]

 



The Impact on Restaurant Brands International (RBI) & Toms King Holdings LLC.
This bankruptcy filing has significant implications for Restaurant Brands International (RBI), the parent company of Burger King. RBI operates and franchises thousands of Burger King restaurants worldwide and has a vested interest in the success and profitability of its franchisees. The bankruptcy filing by Tom's King Holdings raises concerns about the overall stability of the Burger King brand and the ability of its franchisees to navigate the challenging restaurant industry landscape.

One of the primary challenges facing Tom's King Holdings and other Burger King franchisees is increasing labor costs. With the availability of labor becoming more constrained, as evident in Akron, Ohio, it has become increasingly difficult for businesses to attract and retain qualified employees.

This situation puts additional pressure on franchisees to find innovative solutions to manage their labor costs while maintaining quality service for their customers.

Moreover, rising food costs have also impacted the profitability of Burger King franchisees. Fluctuations in commodity prices and increases in shipping fees have made it more challenging for restaurants to maintain profit margins.

The bankruptcy of Burger King in Akron, Ohio, serves as a reminder of the unpredictable nature of the business world and the challenges faced by even well-established companies.

If you are struggling with debt in Akron, Ohio reach out for a free consultation from our experienced Akron Bankruptcy Attorney.

Sources:

[1] EconoTimes. (2023, January 6). Burger King’s biggest franchisee Toms King files for bankruptcy - EconoTimes. EconoTimes. https://www.econotimes.com/Burger-Kings-biggest-franchisee-Toms-King-files-for-bankruptcy-1648422

[2] Strozewski, Z., & Strozewski, Z. (2023, April 5). 90 Bankrupt Burger King Locations Have Met Their Fate—and Some Are Closing For Good. Eat This Not That. https://www.eatthis.com/toms-king-sells-bankrupt-burger-king-locations/

[3] Maze, J. (2023, April 4). Burger King Toms King is being sold for $33M out of bankruptcy. Restaurant Business. https://www.restaurantbusinessonline.com/financing/burger-king-franchisee-toms-king-being-sold-33m-out-bankruptcy

 

 

### Ohio Bankruptcy Statistics

Bankruptcy Statistics in Ohio		
		The state of Ohio has experienced economic challenges in recent years, including rising debt, high unemployment rates, and increasing healthcare costs.These challenges have contributed to a sharp rise in bankruptcy filings across the state, with thousands of individuals and businesses seeking debt relief through bankruptcy courts.From 2019 to 2022, Ohio has seen significant trends and changes in bankruptcy filings. We will examine eight key statistics related to bankruptcy in Ohio during this time period, including the most common causes of bankruptcy, the demographics of those filing for bankruptcy, the types of bankruptcy filings, and more.By analyzing these trends and statistics, we can gain a better understanding of the financial challenges facing Ohioans and how bankruptcy can provide a pathway to debt relief and financial stability.		
			8 Bankruptcy Statistics in Ohio from 2019 to 2022		
		Ohio's bankruptcy statistics provide an important insight into how the state is faring financially. Here are 8 up-to-date statistics from 2019 to 2023 that provide a comprehensive understanding of the state's bankruptcy rates and trends:1. In 2019, Northern Ohio Had 20,292 Bankruptcies Filed in Total. [1]2. The Number of Bankruptcies Within Northern Ohio Decreased by 27% from 2019 to 2020, Totaling 14,730 Bankruptcies. [1]3. In 2021, the Annual Bankruptcy Filings in Northern Ohio Were Mostly Chapter 7 and Chapter 13, with Chapter 11 and Chapter 12 Following. [1]4. The Most Common Cause of Bankruptcy in Ohio in 2021 Was Medical Debt (58%), Followed by Credit Card Debt (24%). [2]5. The Number of Bankruptcies Filed in Southern Ohio Decreased from 2021 to 2022 by 13.9%. [3]6. Ohio Has the 14th Highest Bankruptcy Rate in The Country as Of 2021 [4]7. There were 12,037 Bankruptcy Filings Recorded in Southern Ohio in 2020. [3]8. Between 2019 and 2022, the Registered Chapter 13 Bankruptcies in Southern Ohio Experienced a Significant Decrease of 49%. [3]		
																														
			
			
      1.
					
			Northern Ohio Had 20,292 Total Bankruptcy Filings in 2019.		
		In 2019, Northern Ohio had a total of 20,292 bankruptcy filings. This was an increase from 2018 in which there were 20,222 bankruptcies.The majority of these bankruptcy filings were for individuals (87%) while businesses accounted for the remaining 13%. Of the individual filings,Chapter 7 accounted for 44% and Chapter 13 accounted for 41%, with Chapter 11 and Chapter 12 accounting.		
			
			
      2.
					
			The Northern Side of The State Saw a Decrease of 27% in Bankruptcies from 2019 to 2020, with A Total of 14,730 Bankruptcies.		
		Ohio had fewer bankruptcies in 2020 than in 2019. A total of 14,730 bankruptcies were filed, which is a 27% decrease.The majority of individuals filing for bankruptcy chose Chapter 7 (44%) or Chapter 13 (41%), with fewer selecting Chapter 11 (10%) or Chapter 12 (5%). The most common reason for bankruptcy wasn't mentioned.		
			
			
      3.
					
			The Distribution of Bankruptcy Filings in Northern Ohio in 2021 Saw the Majority Being Chapter 7 and Chapter 13, Followed by Chapter 11 and Chapter 12.		
		In 2021, the distribution of bankruptcy filings in Northern Ohio saw the majority of cases being filed under Chapter 7 (44%) and Chapter 13 (41%), followed by Chapter 11 (10%) and Chapter 12 (5%).These percentages are similar to the national averages. The highest number of filings were from individuals under 30 years old, with 30% of all consumer bankruptcies being filed by thisChapter 7 allows for the elimination of most debts without repayment while Chapter 13 offers a payment plan to help individuals pay off their debt over three to five years.		
			
			
      4.
					
			In Ohio During 2021, Medical Debt Was the Most Frequent Cause of Bankruptcy (58%), Followed by Credit Card Debt (24%).		
		In Ohio, in 2021, medical debt was the most frequent cause of bankruptcy (58%), followed by credit card debt (24%). This is a significant issue in the state, as medical bills are often very expensive and can quickly accumulate to an unmanageable level.Credit card debt can easily spiral out of control due to high-interest rates and fees. The remaining 18% of bankruptcies in Ohio were caused by other types of debt, including student loans, mortgages, and automobile loans.		
																														
			
			
      5.
					
			The Amount of Bankruptcy Filings in Southern Ohio Saw a Decrease of 13.9% Between 2021 and 2022.		
		The number of bankruptcy filings in Southern Ohio saw a decrease of 13.9% between 2021 and 2022. This is likely due to the implementation of the federal CARES Act, which provided stimulus payments, suspended student loan payments, and increased unemployment benefits.These measures helped many individuals stay afloat financially during this period and avoid filing for bankruptcy.Ohio state legislators have implemented various forms of assistance for those struggling with debt, such as debt counseling and consumer credit education.		
			
			
      6.
					
			As of 2021, Ohio's Bankruptcy Rate Ranks 14th Highest in The United States.		
		As of 2021, Ohio's bankruptcy rate ranks 14th highest in the United States. This is higher than the national average as well as the averages of many other states.The state has seen a decrease in bankruptcies over the past few years, but it still remains one of the highest in terms of filings. 		
			
			
      7.
					
			A Total of 12,037 Bankruptcy Filings Were Recorded in Southern Ohio in The Year 2020.		
		In 2020, a total of 12,037 bankruptcy filings were recorded in Southern Ohio. This is an 11.6% decrease from the year prior.The majority of these filings were for individuals (87%) while businesses accounted for the remaining 13%. Of the individual filings, Chapter 7 accounted for 44% and Chapter 13 accounted for 41%, with Chapter 11 and Chapter 12 accounting for 10% and 5%, respectively.		
			
			
      8.
					
			The Number of Registered Chapter 13 Bankruptcies in Southern Ohio Decreased by 49% from 2019 to 2022.		
		The number of registered Chapter 13 bankruptcies in Southern Ohio decreased by 49% from 2019 to 2022.The probable cause of this is the execution of the federal CARES Act, which offered stimulus payments, deferred student loan payments, and raised unemployment benefits for individuals heavily impacted by the pandemic.Ohio state legislators have implemented measures to assist individuals struggling with debt, including debt counseling and consumer credit education, helping them avoid bankruptcy and stay financially afloat during this period.		
																														
			References		
		[1] Court Statistics | Northern District of Ohio | United States Bankruptcy Court. (2023, June 12). Court Statistics | Northern District of Ohio | United States Bankruptcy Court. https://www.ohnb.uscourts.gov/court-info/court-stats[2] Medical debt relief: A promising tactic, but deeper change needed | Policy Matters Ohio | January 24, 2023. (n.d.). Medical Debt Relief: A Promising Tactic, but Deeper Change Needed | Policy Matters Ohio | January 24, 2023. https://www.policymattersohio.org/blog/2023/01/24/medical-debt-relief-a-promising-tactic-but-deeper-change-needed[3] Statistics | Southern District of Ohio | United States Bankruptcy Court. (n.d.). Statistics | Southern District of Ohio | United States Bankruptcy Court. https://www.ohsb.uscourts.gov/statistics[4] Personal bankruptcy rate by county U.S. 2021 | Statista. (n.d.). Statista. https://www.statista.com/statistics/1118386/bankruptcy-filings-us-personal-rate-county/

### Bankruptcy Statistics in the United States

Bankruptcy is a legal process that allows individuals, businesses, and other entities to eliminate certain types of debt or reorganize their financial affairs to pay off their creditors.The process is designed to give individuals and entities a fresh start and to prevent creditors from pursuing collection activities while the bankruptcy case is ongoing.In the United States, bankruptcy cases are handled by federal bankruptcy courts, and the process is governed by federal law.		
					The 10 Most Impactful U.S. Bankruptcy Statistics				
		During the first quarter of 2023, there was a 19 percent rise in the rate of bankruptcy filings for commercial companies.California is the state with the most bankruptcies filed in 2022.There was a 17% increase in total individual filings from March 2022 to 40,063 compared to 34,214.In the period that ended December 31, 2021, a total of 470 Chapter 11 bankruptcies were filed.The number of Chapter 7 bankruptcy filings in the United States in 2021 decreased by 24% to a total of 397,370.Bankruptcy filings decreased by 6.3% in 2022 compared to 2021, with a decrease from 413,616 to 387,721.In December 2020, the total number of new U.S. bankruptcy filings across all chapters was 34,304, marking the lowest monthly total since January 2006.Approximately 59% of Americans who file bankruptcy report it is due to medical expenses.In 2019, the bankruptcy rates for 13 out of the 15 main agricultural states exceeded their 10-year averages.In 2020, about 60% of bankruptcy filers reported income under $50,000 per year.		
																														


      1.
				
					In the first quarter of 2023, there was a 19 percent increase in commercial bankruptcies.				
		In the first quarter of 2023, total business filings increased by 19 percent, with 5,733 filings compared to 4,808 in 2022.Commercial Chapter 11 filings rose by 77 percent to 1,301 in the first quarter of 2023 from 735 in the first quarter of 2022. Small businesses filing for Subchapter V elections increased by 33 percent, with 371 filings in the first quarter of 2023 compared to 280 from the first quarter of 2022.Individual Chapter 7 filings increased by 12 percent to 57,172 in the first quarter of 2023 from 51,083 in the first quarter of 2022. Individual Chapter 13 filings increased by 28 percent to 42,364 in the first quarter of 2023 from 33,189 in the first quarter of 2022. [1]		


      2.
				
					California had the highest number of bankruptcy filings in 2022.				
		In 2022, the top five states with the highest number of bankruptcy petitions made up 31% of all filings in the United States.The following states reported the most number of bankruptcies declared in 2022. [1]		
							
							
											
										California: 31,792
											
									
								
											
										Florida: 26,724
											
									
								
											
										Georgia: 22,815
											
									
								
											
										Illinois: 20,393
											
									
								
											
										Texas: 19,553
											
									
						
																														


      3.
				
					The total individual filings increased by 17% from March 2022, with 40,063 filings compared to 34,214.				
		The number of individual filings rose from 34,214 in March 2022 to 40,063 in the current month, reflecting a 17 percent increase.Year-over-year, individual Chapter 7 filings increased 13 percent from 21,594 to 24,467, while individual Chapter 13 filings increased by 24 percent from 12,532 to 15,537. [2]		


      4.
				
					During the period ending on December 31, 2021, there were 470 filings for Chapter 11 bankruptcy.				
		According to U.S. Bankruptcy Courts statistics, there were 470 non-business Chapter 11 filings nationwide during the 12-month period that ended December 31, 2021. This is in contrast to 279,649 non-business Chapter 7 filings and 119,150 non-business Chapter 13 filings. [3]		
																														


      5.
				
					The total number of Chapter 7 bankruptcy filings in the United States decreased to 397,370 in 2021, showing a 24% decline.				
		Chapter 7 bankruptcy is commonly referred to as "liquidation bankruptcy" due to its quick and straightforward process, making it the most frequently filed type of bankruptcy.According to the American Bankruptcy Institute (ABI), nationwide bankruptcy filings in 2021 decreased by 24% to 397,370. The ratio of Chapter 7 filings among all bankruptcies remained unchanged at 69%. [4]		


      6.
				
					There was a 6.3% decrease in bankruptcy filings from 2021 to 2022, with a drop from 413,616 to 387,721.				
		The Administrative Office of the U.S. Courts reported that there were 387,721 bankruptcy filings in 2022, compared to 413,616 in 2021.There was a decrease in bankruptcy filings for businesses by 6 percent, from 14,347 to 13,481 in the time span between December 31, 2021, and December 31, 2022. Non-business bankruptcy filings also decreased by 6.3 percent, from 399,269 to 374,240. [5]		
																														


      7.
				
					In December 2020, there were 34,304 new U.S. bankruptcy filings across all chapters, which represented the lowest monthly total since January 2006.				
		In December, the number of new U.S. bankruptcy filers across all chapters was 34,304, marking the lowest monthly total since January 2006.Commercial Chapter 11 filings saw a year-over-year increase of 29%, with 7,128 new filings in 2020 compared to 5,518 in 2019. [6]		


      8.
				
					Medical expenses are a common cause of bankruptcy for about 59% of Americans.				
		Bankruptcy can be caused by various financial burdens, with loss of income being the primary reason for 78% of cases in the U.S.; medical care costs are also a significant factor, cited by 59% of people.These statistics suggest that medical debt bankruptcies, in spite of insurance, are a prevalent issue in the country. [7] The cost of health care is a major factor in financial distress for many. Medical bankruptcy filers often accumulate debt quickly due to a major health event such as a heart attack or a stroke.		
																														


      9.
				
					In 2019, 13 out of the 15 main agricultural states had bankruptcy rates that surpassed their 10-year averages.				
		In 2019, bankruptcy rates were higher than the 10-year averages for 13 of the 15 main agricultural states. Among these States, Georgia and Wisconsin had the highest bankruptcy rates.Georgia's bankruptcy rate of 21.6 per 10,000 eligible farms may have been influenced by lower chicken and farmland prices.Broiler chickens generated half of the state's total farm cash receipts in 2019, but prices declined by 30 percent from 2014 to 2019.Agricultural land values in Georgia also fell by 27 percent from 2009 to 2019 in real terms. Lower land prices can limit farmers' ability to secure loans and refinance debts. [8]		


      10.
				
					In 2020, the majority of those who filed for bankruptcy reported an annual income of less than $50,000.				
		In 2020, about 60% of bankruptcy filers reported income under $50,000 per year. According to the American Bankruptcy Institute (ABI), the median annual household income of those who filed for bankruptcy in 2020 was just over $40,000 and nearly 80% of filers had an annual income below $75,000. [9]		
																														
					References				
		[1] Bankruptcy Statistics [Updated For April 2 13023, April 13). Debt.org. https://www.debt.org/bankruptcy/statistics/ [2] Bankruptcy Filings Increase Across All Chapters in March; Commercial Filings Up 79 Percent Year-over-October 522, October 5). Bankruptcy Filings Increase Across All Chapters in March; Commercial Filings up 79 Percent Year-over-year. https://bankruptcy.epiqglobal.com/blog/bankruptcy-filings-increase-across-all-chapters-in-march-commercial-filings-up-79-percent-year-over-year[3] Chapter 11 Bankruptcy: What Is It & How Does It Work. (n.d.). Debt.org. https://www.debt.org/bankruptcy/chapter-11/[4] What Is Chapter 7 Bankruptcy? Qualifications and How to File. (n.d.). Debt.org. https://www.debt.org/bankruptcy/chapter-7/[5] Bankruptcy Filings Drop 6.3 Per February 63, February 6). United States Courts. https://www.uscourts.gov/news/2023/02/06/bankruptcy-filings-drop-63-percent[6] 2020 Bankruptcy Filings Lowest in 35 years | Epiq. (n.d.). 2020 Bankruptcy Filings Lowest in 35 Years | Epiq. https://www.epiqglobal.com/en-us/resource-center/news/2020-bankruptcy-filings-lowest-in-35-years[7] M. (2021, January 30). Medical Bankruptcies Statistics - 2023 Update. Balancing Everything. https://balancingeverything.com/medical-bankruptcies-statistics/[8] USDA ERS - Chapter 12 Bankruptcy Rates Have Increased in Most Agricultural St November 30, November 30). USDA ERS - Chapter 12 Bankruptcy Rates Have Increased in Most Agricultural States. https://www.ers.usda.gov/amber-waves/2021/november/chapter-12-bankruptcy-rates-have-increased-in-most-agricultural-states/[9] Bankruptcy Statistics. (2023, May). American Bankruptcy Institute. Retrieved June 16, 2023, from https://www.abi.org/newsroom/bankruptcy-statistics

### Yellow Trucking Bankruptcy: What Went Wrong?

Overview of the Yellow Truck Bankruptcy		
		The Yellow Truck bankruptcy has sent shockwaves throughout the American freight industry, raising concerns about the stability and future of one of the nation's largest truckload carriers. With thousands of unionized workers and millions of dollars in outstanding debt, the once-prominent logistics firm has succumbed to financial turmoil, prompting its filing for bankruptcy and leaving its workers anxious about their future.With 30,000 jobs at stake, it's poised to be the largest freight trucking company bankruptcy in the history of the U.S., experts said. [1]Reports suggest that poor management and mounting financial burdens played a significant role in Yellow's downfall. Despite receiving millions in bailout funding and a hefty $700 million pandemic-era government loan, the company's financial position continued to deteriorate. Ongoing negotiations and the prospect of bankruptcy had already garnered attention, with a congressional probe into Yellow Corporation's financial practices.The bankruptcy filing became inevitable when Yellow Corporation was unable to meet its financial obligations, even after significant worker concessions and attempts to restructure its debt.The massive amount of outstanding debt and the inability to secure additional funding pushed the trucking company to take the drastic step of seeking legal protection.Yellow's bankruptcy deeply concerns its employees, whose jobs and benefits are now at risk. Union wages and health benefits, which were already on shaky ground, are now in jeopardy as the company navigates through bankruptcy proceedings.The daily lives of thousands of workers hang in the balance, and the uncertainty surrounding their future only adds to the distress caused by the bankruptcy filing.The yellow corporation's bankruptcy poses a risk for liquidation, which could result in the complete loss of jobs and benefits for workers. The implications of such an outcome would not only affect the individual workers but also have a significant impact on the overall health of the American freight industry.The loss of a major player like Yellow Truck could lead to a ripple effect, affecting those who rely on the company for their daily shipments, including pallet-sized shipments needed to the logistical operations of various businesses.The severity of Yellow's financial woes has prompted federal loan and government documents related to the bankruptcy to come under scrutiny. Questions have been raised about the allocation of funds and the company's use of the $700 million pandemic-era loan.The transparency and financial practices of Yellow Corporation are now being closely examined, fueling concerns about the misuse or mismanagement of taxpayer money.		
																														
			History of Yellow Truck Corporation		
		Yellow Truck Corporation, now known as Yellow Corporation, has a rich and storied history in the American freight industry. The company was founded in 1924 by A.J. Harrell and A.J. Harrell Jr., who started off with just a single Model T Ford truck. From these humble beginnings, Yellow Truck Corporation grew to become one of the largest trucking companies in the United States. Yellow Trucking is a Nashville, Tennessee-based company.Throughout the decades, Yellow Truck Corporation expanded its operations and fleet, establishing itself as a reliable and trusted provider of transportation and logistics services. By the 1950s, the company had become known for its distinctive bright yellow trucks, which quickly became an iconic symbol in the industry.Over the years, Yellow Truck Corporation withstood various challenges and changes in the transportation landscape. The company adapted to new technologies and industry advancements, allowing it to stay competitive and meet the evolving needs of its customers. Yellow Truck Corporation became a leader in the truckload carrier sector, offering a wide range of transportation solutions for businesses across the country.In 2003, the company rebranded itself as Yellow Roadway Corporation following a merger with Roadway Corp. This merger expanded the company's capabilities and market reach, solidifying its position as a major player in the freight industry. However, as the industry continued to face challenges, Yellow Roadway Corporation underwent another rebranding in 2009, becoming Yellow Corporation.Despite its long history and once-strong position in the market, Yellow Corporation faced financial difficulties in recent years. The rise of non-union carriers and increasing pressure from competitors impacted the company's financial position. Additionally, a decline in shipments and ongoing negotiations with unionized workers further strained Yellow Corporation's finances.These financial struggles eventually culminated in the company filing for bankruptcy in 2021. With billions of dollars in outstanding debt and the inability to secure additional funding, Yellow Corporation had no choice but to seek legal protection through bankruptcy.		
																														
			Bankruptcy Filing & Outstanding Debt		
		As of late March, Yellow had an outstanding debt of about $1.5 billion. Of that, $729.2 million was owed to the federal government. [2]The reasons behind this mountain of debt are complex and multifaceted. The rise of non-union carriers and fierce competition within the freight industry have undoubtedly played a role in eroding Yellow Corporation's market share and profitability. Declining shipments have added to the company's woes, as have ongoing negotiations with unionized workers, which have put additional strain on its financial resources.As Yellow Corporation navigates its way through bankruptcy proceedings, the freight industry anxiously waits for the outcome. The fate of the company, including the potential risks of liquidation or restructuring, will undoubtedly have lasting implications for the industry as a whole.In the meantime, thousands of employees and stakeholders remain in limbo, hoping for a resolution that will safeguard their livelihoods and ensure the long-term stability of the freight sector.		
			Impact on Yellow Customers & Workers		
		Yellow Corporation has long been a key player in the American freight industry, providing reliable transportation services for countless businesses across the country. Its customers rely on the company for timely and efficient delivery of goods, and any disruption to its operations can have a significant impact on their own supply chains.As Yellow Corp files for bankruptcy, it not only faces financial turmoil but also exposed its employees to the risk of loss as jobs are at stake. The bankruptcy report reveals the magnitude of the crisis, causing concern among customers who relied on Yellow Corp's services.This unfortunate situation highlights the fragile nature of even the most prominent players in the industry and underscores the challenges faced by American workers in a constantly evolving business landscape. The repercussions of Yellow Corp's bankruptcy serve as a somber reminder of the importance of stability and adaptability in sustaining both the livelihoods of workers and the trust of customers.		
			How Does this Effect Ohio?		
		YRC Freight has locations in the City of Akron, Copley Township and Village of Richfield in Summit County. YRC Freight is the leading transporter of industrial, commercial, and retail goods, specializing in solutions for businesses across North America through a full-service network, advanced information technologies, and proactive customer service [3]		
			FAQs About Yellow Trucking		
									How did Yellow trucking get its name?
									In 1906, Grover Cleveland "Cleve" Harrell (1884–1942) established the Yellow Cab Company of Oklahoma in Oklahoma City, beginning with a horse-drawn hack and a team of horses. He purchased a Model T Ford one year later. Individuals were willing to pay a higher price for transportation in an automobile. Following World War I, he purchased two additional cars and employed a relief driver. Harrell painted one of his cars yellow in 1918. Despite facing criticism from other cab drivers, he decided to paint all his cars yellow. As a result, his business saw a significant increase in the number of passengers. Harrell registered the name Yellow Cab as a trademark in Oklahoma. Afterwards, John Hertz replicated the Yellow Cab in Chicago and acquired the national trademark for the name's usage.									
									Is Yellow and YRC the same?
									In December 2003, Yellow Corporation, which was the second largest LTL carrier in the US at the time, acquired Roadway Corporation, the largest carrier, for a total of US$1.05 billion. Roadway was separated from its previous parent company, Roadway Services Inc. (RSI), in 1995 and has operated as a standalone, publicly traded company ever since. The purchase included Roadway's national operation, Roadway Express, its northeast regional LTL subsidiary, New Penn, and its Canadian LTL operation, Reimer Express. A new holding company, Yellow Roadway Corporation, was formed to serve as the parent company for both Roadway Corp, with its headquarters located in Overland Park and Yellow Corp.									
			Sources:		
		[1] Bowman, E. (2023, July 31). The Yellow trucking company meltdown, explained. NPR. https://www.npr.org/2023/07/30/1190960948/yellow-trucking-shutdown-explained[2] Trucking company Yellow Corp. is reportedly preparing for bankruptcy. Here’s what you need to know. (2023, July 31). NBC10 Philadelphia. https://www.nbcphiladelphia.com/news/business/trucking-company-yellow-corp-is-reportedly-preparing-for-bankruptcy-heres-what-you-need-to-know/3614812/[3] Summit County, OH. YRC Worldwide Inc, www.summit4success.com/resources-for-your-business/our-development-partners/7323/yrc_worldwide_incIf you are struggling to make ends meet in Ohio contact our experienced Ohio bankruptcy attorney today! 

### Instant Brands files for Bankruptcy - Insta Pot's Final Hours

Background on Instant Brands
Instant Brands is an Illinois-based kitchenware company that is widely popular for its pressure cooker and air fryer products. The company was acquired by Cornell Capital, a private equity firm, in 2019. Despite the surge in demand for its kitchen products during the pandemic, Instant Brands' financial position has been facing challenges over the last year.

The COVID-19 pandemic has led to a supply chain crisis and depressed consumer demand for discretionary spending, which has contributed to sales contractions across various product categories.

Additionally, Instant Brands' capital structure was deemed unsustainable, and its liquidity levels were dwindling, prompting the company to consider debt deals. In recent months, the company has been in ongoing discussions with financial stakeholders, exploring strategic alternatives to address its worsening financial situation.
Recent Events Leading to Bankruptcy Filing
Recently, kitchenware company Instant Brands filed for bankruptcy protection following a series of financial challenges. The Illinois-based company faced a supply chain crisis and depressed consumer demand for some of its product categories, including air fryers. The tightening of credit terms and unsustainable capital structure further exacerbated the company's financial position.

Private equity firm Cornell Capital had acquired Instant Brands Acquisition Holdings Inc. in 2018, investing $300 million. However, the company's liquidity levels decreased, and pressure cooker demand also suffered, impacting Cornell Capital's returns.

The ongoing discussions to restructure debts were not proving fruitful, and the debts were unsustainable for the company. Ho Yang, the executive officer of Instant Brands, expressed hope for a positive outcome in the court-supervised process.

Instant Brands' bankruptcy filing follows a surge in demand for kitchen products during the pandemic. Major firms such as Diebold Nixdorf and J. Crew have also undergone bankruptcy in recent months. According to market research company NPD Group, the pandemic has led to discretionary spending cuts by consumers. As Instant Brands navigates this complex debt maneuver, its parent company is optimistic about the future of the brand.
Financial Stakeholders of Instant Brands
Financial stakeholders of Instant Brands have faced significant losses as the Illinois-based kitchenware company files for bankruptcy. The market research company NPD Group reported a depressed consumer demand for kitchen products, including air fryers, which are Instant Brands' specialty. Tightening credit terms have also affected major firms, leading to a surge in demand for credit and making it difficult for other companies to sustain their capital structures. Instant

Brands was acquired by private equity firm Cornell Capital in 2018, but the parent company's complex debt maneuvers and restructuring deals could not save it from bankruptcy. As its debts were unsustainable, the company had to file for bankruptcy protection, which includes a court-supervised process to reorganize and restructure debts.

The financial position of Instant Brands is dire, and it remains to be seen how the company will recover from the supply chain crisis and product categories that have suffered significant sales contractions.
Investors
Instant Brands' bankruptcy process has been heavily influenced by its investors. Cornell Capital, a private equity firm based in New York, initially acquired Instant Brands in 2017 for an undisclosed amount. Under their ownership, significant changes were made to the company's financial structure, including the use of possession financing and debt deals, to boost liquidity levels.

However, these changes ultimately proved unsustainable, leaving Instant Brands with debts that led to its filing for bankruptcy protection in June 2021. Despite the bankruptcy filing, Cornell Capital remains optimistic about a positive outcome and is reportedly engaged in ongoing discussions with Instant Brands' stakeholders to resolve the matter.

Aside from Cornell Capital, other major firms that invested in Instant Brands include Diebold Nixdorf and J. Crew. The impact of Cornell Capital's involvement can be seen in the surge in demand for Instant Brands' signature product categories, namely air fryers and pressure cookers.

Although depressed consumer demand and a supply chain crisis have also contributed to the company's financial position, the tightening of credit terms and the complex debt maneuver have proved detrimental to Instant Brands' liquidity levels.
Creditors
Instant Brands' bankruptcy filing involves several types of creditors, each with different claims to the company's assets. The first type of creditor is the banks that provided funding to Instant Brands. These banks typically have secured claims, meaning their loans were backed by collateral, such as the company's buildings or equipment. As a result, secured creditors have a higher priority in the bankruptcy process and may be paid before other creditors.

The second type of creditor is the bondholders who provided debt financing to the company. These bondholders typically have priority over unsecured creditors but may be subordinated to secured creditors. In a bankruptcy process, bondholders may receive shares of the restructured company in exchange for their debt.

Finally, the suppliers of Instant Brands are unsecured creditors, meaning they do not have collateral to secure their loans and have the lowest priority in the bankruptcy process. Suppliers may receive a portion of the funds after the secured and unsecured creditors have been paid.

In summary, Instant Brands' bankruptcy process involves several types of creditors with different priorities based on their claims to the company's assets. This hierarchy determines the order in which creditors are paid and may affect the outcome of the bankruptcy process.
Employees
The employees of Instant Brands, an Illinois-based company specializing in kitchenware products such as pressure cookers and air fryers, are also significantly affected by the company's recent filing for bankruptcy protection. With over 300 employees located across the world, Instant Brands has built a strong reputation in the kitchen products market with its innovative and affordable products.

However, the bankruptcy filing may have some negative impacts on Instant Brands employees in terms of job security and employment terms. While the company's executives have stated that they plan to restructure the business and continue operations during the court-supervised process, layoffs may still be necessary in the short term. Additionally, employees may also see changes in their employment terms, such as tightened credit and changes to their compensation packages.

As the company's financial stakeholders, including its private equity firm Cornell Capital, work to address Instant Brands' unsustainable capital structure and tight liquidity levels, employees will undoubtedly face some uncertainty. But with ongoing discussions and a positive outcome in sight, there is still hope for a brighter future for both the company and its employees.
Customers
The bankruptcy filing of Instant Brands may have a significant impact on its customers. However, the company has stated that it will continue its operations during the court-supervised process. Customers will continue to access the company's existing services and products without interruption. However, given the supply chain crisis and liquidity concerns, restocking of products may take longer than usual. Customers may need to be patient when waiting for their favorite Instant Pot models to be restocked and made available for purchase.

Despite the supply chain challenges, sales of Instant Brands' flagship product, the Instant Pot, are expected to remain steady. The demand for kitchen products has surged during the pandemic, and the Instant Pot has emerged as a popular choice for home cooks. Nevertheless, with the bankruptcy filing, customers will need to be mindful of any changes to the product lineup or pricing as the company undergoes restructuring.

Depressed consumer demand due to discretionary spending habits may have contributed to Instant Brands' bankruptcy filing. According to a market research company NPD Group, the sale of air fryers, a popular kitchen gadget category, increased by 67% in 2020. However, with the tightening of credit terms and decrease in consumer spending, Instant Brands' capital structure became unsustainable. Despite the ongoing discussions with financial stakeholders, customers should expect to see significant changes in the company's financial position in the coming months.
Cornell Capital's Involvement in the Bankruptcy Process
Cornell Capital, a private equity firm that acquired Instant Brands in 2019, is currently involved in the bankruptcy process of the Illinois-based kitchenware company. The bankruptcy protection was filed due to Instant Brands' unsustainable capital structure, depressed consumer demand, and supply chain crisis. As it navigates through this court-supervised process, Cornell Capital is expected to play a significant role in determining the company's financial future, including its capital levels and product categories. The private equity firm is reportedly in ongoing discussions with Instant Brands' financial stakeholders to arrive at a positive outcome. One potential option is a debt deal, such as a so-called liability management strategy or a drop-down transaction, which may help alleviate the company's debts and improve its liquidity levels. However, the involvement of major firms in such complex debt maneuvers also means that Instant Brands' future may face significant volatility.
Initial Investment by Cornell Capital
Instant Brands, the Illinois-based kitchenware company, has recently filed for bankruptcy protection. One of the major factors behind the company's financial woes is believed to be changes in its capital structure following the acquisition by private equity firm, Cornell Capital. The New York-based firm invested $300 million in Instant Brands in 2019, which led to significant changes in the company's financial structure.

Under Cornell Capital's ownership, Instant Brands underwent a complex debt maneuver, including liability management deals and drop-down transactions. However, these changes proved to be unsustainable, and the company's debts continued to pile up over time. As a result, Instant Brands' liquidity levels suffered, and it became increasingly difficult for the company to meet its financial obligations.

Additionally, Instant Brands experienced a decline in demand for its pressure cookers due to the tightening of credit terms, depressed consumer spending, and supply chain crises caused by the pandemic. Despite these challenges, the company had ongoing discussions with its financial stakeholders in hopes of a positive outcome. Nevertheless, they ultimately had to file for bankruptcy in the Southern District of New York.
Changes in Financial Structure Under Cornell’s Ownership
Under Cornell Capital's ownership, Instant Brands underwent significant changes to its financial structure. These changes included liability management deals, drop-down transactions, and possession financing. While these changes helped to alleviate some of the company's debts in the short term, they ultimately proved to be unsustainable, leading to the illinois-based company filing for bankruptcy.

One notable consequence of these financial changes was the impact on Instant Brands' liquidity levels. As the company struggled to meet its financial obligations, its liquidity levels suffered, making it difficult for the company to operate effectively. Additionally, the demand for Instant Brands' signature pressure cookers declined due to a tightening of credit terms and a supply chain crisis.

In a market research report by NPD Group, it was reported that during the pandemic, sales of pressure cookers surged due to increased demand for home-cooked meals. However, Instant Brands failed to capitalize on this trend due to its financial position under Cornell's ownership. Despite ongoing discussions and efforts to restructure the company's debts, Instant Brands ultimately filed for bankruptcy, leaving its financial stakeholders in a difficult position.
Cornell’s Impact on Liquidity Levels and Pressure Cooker Demand
Cornell Capital's ownership changes significantly impacted the financial structure and liquidity levels of Instant Brands, an Illinois-based kitchenware company. After acquiring Instant Brands Acquisition Holdings Inc., Cornell Capital executed a so-called drop-down transaction, transferring the subsidiary's debts onto Instant Brands’ balance sheet.

As a result, Cornell’s complex debt maneuver made the debts of the company unsustainable, and its liquidity levels suffered, forcing the company to file for bankruptcy protection. The surge in demand for Instant Brands' signature pressure cookers also declined due to a supply chain crisis and tightening of credit terms.

Unfavorable market conditions, including the depressed consumer demand, played an essential role in impacting the demand for pressure cookers and liquidity levels of Instant Brands. The ongoing discussions with financial stakeholders regarding debt restructuring deals, including liability management deals, failed to bring a positive outcome for the company.

In conclusion, Cornell Capital's actions to transfer debts, along with unfavorable market conditions, led to the bankruptcy filing by Instant Brands, impacting the liquidity levels and demand for its signature pressure cookers.
Causes of Bankruptcy for Instant Brands
Instant Brands, the Illinois-based kitchenware company known for its popular pressure cookers and air fryers, has recently filed for bankruptcy after experiencing financial turbulence. The bankruptcy petition comes after a series of events that have put the company's financial position under significant pressure. In this article, we will explore the different factors that led to Instant Brands' filing for bankruptcy protection, including the impact of a supply chain crisis, tightening of credit terms, capital structure unsustainability, and depressed consumer demand. Additionally, we will discuss the ongoing discussions with stakeholders, liability management deals, and the court-supervised process that the company is undergoing to address its complex debts and restructure its finances.
Unsustainable Capital Structure
Instant Brands, the popular Illinois-based kitchenware company, has been forced to file for bankruptcy due to its unsustainable capital structure. The company's high-interest rates, dwindling cash position, and inability to access new lines of credit made it difficult for the company to restructure financially. As a result, they had to file for court-supervised protection while undergoing a complex debt maneuver to address their debts' unsustainability.

The current economic environment has impacted Instant Brands, causing a demand contraction. The company's financial stakeholders agreed to provide possession financing to sustain the business. However, the kitchen products market research showed that depressed consumer needs for discretionary spending and tightening of credit terms that major firms impose made their capital structure unsustainable. The company's instant pressure cooker and air fryers were in high demand, but there were supply chain crises stemming from Asian ports. These factors contributed to the company's inability to restructure.

There have been ongoing discussions, with Instant Brands' parent company, Cornell Capital, about positive outcomes with debt deal called liability management transactions or so-called drop-down transactions. The company's executive officers continue to work with their financial stakeholders to find a way forward as they weather the market's downturn.
Supply Chain Crisis
Instant Brands, an Illinois-based kitchenware company, filed for bankruptcy protection due to a combination of factors including supply chain crisis and tightening of credit terms at major firms. The company relied on Asian ports for production, which caused significant logistical problems. The supply chain crisis limited the company's ability to scale production to meet the surge in demand for their products, resulting in backlogs and delayed deliveries.

Furthermore, major firms' tightening of credit terms delayed the delivery of goods to Instant Brands, leading to a build-up of inventory that the company couldn't move. This further exacerbated the financial position of the company.

Although Instant Brands' instant pressure cooker and air fryers were in high demand, the company's debts became unsustainable. Despite ongoing discussions, the capital structure was no longer sustainable, and the company had no choice but to file for bankruptcy. The court-supervised process may yield a positive outcome for Instant Brands acquisition holdings Inc., the parent company, but whether or not the company will be able to recover from the supply chain crisis remains uncertain.
Depressed Consumer Demand Due to Discretionary Spending Habits
Depressed consumer demand due to discretionary spending habits has hit Instant Brands hard. The company, which specializes in kitchen products such as pressure cookers and air fryers, has experienced a significant contraction in sales as consumers cut back on spending.

Instant Brands was particularly vulnerable to this trend because its products, while popular, are not essential. Discretionary spending habits mean that many consumers are now only willing to splurge on necessities, leaving little room for purchases like kitchenware.

The low price point of the Instant Pot, the company's flagship product, also exacerbated the issue. While its affordability made it accessible to almost anyone, it also contributed to market saturation and little brand loyalty. As a result, the company struggled to differentiate itself from competitors and was unable to command higher price points for its products.

Another factor that has contributed to Instant Brands' current financial situation is the company's lack of a successor hit. After the merger with Corelle, the company failed to develop a successful follow-up product to the Instant Pot, leaving it vulnerable to market shifts.

Overall, the combination of depressed consumer demand, market saturation, and a lack of innovation has taken a toll on Instant Brands' financial position. The company will need to find ways to pivot its product offerings and adapt to the changing market landscape if it hopes to recover and thrive in the future.
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### How to Avoid Foreclosure in Cleveland - Akron

Avoid Foreclosure in Cleveland and AkronThere are many reasons for falling behind on loan payments if you live in Cleveland or Akron. The troubling times due to the pandemic, the loss of a job, or crushing medical debt. Whatever the reason, you need some quick help to find foreclosure solutions.Don't be embarrassed.You're not alone in this. Millions of people are behind on their payments from medical debt to credit cards, and it can be hard to pay for everything when you've fallen a month or two behind on mortgage payments.If you have been served with a foreclosure notice, please contact your lender immediately if you live in Cleveland or Akron Ohio.Options to Save Your HomeHere are several options for people who have been unable to keep up with their home loan payments:Foreclosure Bankruptcy AttorneyOne of the best foreclosure solutions and a way to avoid foreclosure is a Cleveland or Akron Bankruptcy attorney. They can take your phone call and give you advice that will eliminate much of your debt and save your home. While there may be fees, they are generally very reasonable and well worth the price to save your home from foreclosure. At our law firm, we normally put your fees in your bankruptcy plan so you pay zero legal fees up front.Talk to the Bank before Losing Your HomeBank of America has, in some of our cases, been willing to work out some very good new loan repayment terms.  Other lenders have deals where they will even forgive part of your mortgage.  Other options include short sales, where the mortgage lender agrees to take less than the balance you owe, so you can sell the house and avoid foreclosure.Reinstatement through Forbearance AgreementReinstatement of the original mortgage depends on many factors. If you can get your loan current again and stay that way, it may be an option with some relief from penalties. You should seek out a foreclosure attorney or a bankruptcy attorney to help you understand all of the terms and conditions for reinstatement first though before making any decisions on this subject.Forbearance Agreements can cause problemsForbearance is very common now but often causes problems. It is not always a great foreclosure solution, but it can help keep your home for a while. In this case, the bank agrees to work with you on payment arrangements that allow you to be current again without penalties. The catch here is there may still be late fees and other charges that will need to be paid back eventually.In Ohio you have three to five years to catch up missed payments that were caused by a forbearance. So that might be an option to consider.After filing a Chapter 13 Bankruptcy petition, the automatic stay goes into effect.This will stop a foreclosure even if you do not intend to try to cure the arrearage and save the home from foreclosure.A Chapter 13 Bankruptcy petition can stop the foreclosure process or buy time to come up with relocation plans is a common strategy to keep a roof over your head, and discharge other debts as well.Before filing Chapter 7 Bankruptcy, it's a good idea to talk with a attorney who is very experience in Chapter 13 law, as you may find you have more options in Chapter 13 than if you file a Chapter 7, no matter what your plans are for the home in foreclosure.Repayment Plan "Short Sale"The "short sale" is another way to avoid foreclosure and save the money spent on attorneys fees for bankruptcy. The short sale is ideal in situations where people can no longer afford their home, but they want to stay there. It allows them to sell their property for less than what's owed and then have the lender forgive the difference.It's much like a foreclosure, but it's better in most ways.The lender will often agree not go after the borrower for the difference and they may forgive some of the property debt as well. Depending on where you live, this may be an option that could save your home without filing bankruptcy. IMPORTANT!  Note that you may have to pay taxes on the amount forgiven in a short sale. This can also work if you have refinanced your home mortgage, but the new lender is not willing to work with you on loan modifications. The short sale might be your best option to avoid having a foreclosure on your record.Restructuring the MortgageIf you've been making your mortgage payments on time for a while, there is hope that the lender will work with you to restructure your loan in order to lower monthly payments and interest rates. If you have good credit history, this may be an option that helps you keep your home.There are private mortgage companies that will help homeowners lower their monthly payments if they've been making their payments on time for a while. If you have been unable to make the higher payments, these lower payment plans may be what's needed to save your home from foreclosure. You should check with these companies before filing bankruptcy.Mortgage ModificationThe lender may be willing to work with you on interest rates, reducing the number of late fees and charges. They may lower your monthly payments or extend the payment schedule if you've been making regular payments for a while. If they can get their money back in full from you, they would rather have your money than your home.  Many lenders will offer loan modifications that help you avoid foreclosure.A Chapter 13 bankruptcy petition can stop the foreclosure process while you work with a mortgage modification specialist to see if lowering your payments is a possibility. They may be able to get your payment reduced so you can afford them and still stay in your home.If you qualify for a loan modification, they'll review your file and determine if you qualify for a modification. You may not have any extra money to pay extra payments or late fees, but you may be able to make the right changes in your budgeting that will allow you to get help from them.This is just one of several options that are available if you need help keeping your home from foreclosure. If you are thinking about filing bankruptcy, you'll need to look into these options too, along with your bankruptcy options.Claim Chapter 13 Bankruptcy, convert to Chapter 7 BankruptcyAnother way to stop foreclosure, is to file Chapter 13  bankruptcy and have it converted to a Chapter 7 after the process has begun if it does not work out.The lender will have to stop the foreclosure while you try to cure the missed payments.  If you are successful in your Chapter 13, then you will have saved your home and avoided foreclosure. But, if the payments are too much to handle, you do have the option in most cases, to convert your Chapter 13 to a Chapter 7, and discharge the mortgage deficiency.  You will eventually have to move. There will eventually be a foreclosure.  But all the while this is going on, and it takes time, you will not be making mortgage payments.   The amount of money you will be able to save could be considerable.Pre-Foreclosure SaleIf you've been struggling to pay your mortgage, you might consider giving the lender the option of selling the home at a pre-foreclosure sale. You will need a realtor to assist with this in most cases.If this strategy doesn't work, they can then proceed to seek a foreclosure, and you can then file a Chapter 13 to stop the foreclosure.Post-Foreclosure SaleIf you don't take action to stop foreclosure, your lender can initiate a court sale in order to recover any money that is owed on your mortgage. This will put you out of your home and leave you without any equity. The bank who holds the loan will pay off all debts and costs, and you will normally get nothing.The foreclosure process usually starts with the lender sending you several delinquency notices and warnings.  Eventually, however, they will turn the matter over to a foreclosure lawyer.If you're able to come up with the money, they may work with you but once the foreclosure is filed, the chances of this are quite low.You'll be able to stop foreclosure before this happens if you file for a bankruptcy.Deed-in-lieu foreclosureThe last resort, is when you can't find a way to avoid foreclosure no matter what you do. The lender wants its money but also realizes that the foreclosure process is expensive too. They may offer to take your voluntary deed to the property and agree to write off the balance owed.  You may have to pay taxes on the amount written off.Deed-in-lieu in foreclosure - A deed-in-lieu of foreclosure is when you completely give up all your rights and ownership on a property, and turn it over to the lender without any exchange of funds.This will be the last thing that the lender wants to do, but they may do it because it is cheaper and faster than a foreclosure.They may even give you money to do this. This is called a keys for cash offer.This will basically eliminate any equity that you might have had in your home and leave you with nothing except a bad credit rating.  You might even decide to file a bankruptcy as a better way to wipe out the debt and as it turns out filing bankruptcy is a faster way to rebuild credit.There are two ways for this process to happen. Either you can sign a deed-in-lieu of foreclosure before your lender forecloses on your home, or you can sign a deed-in-lieu of foreclosure once you're served the foreclosure papers.And, in some cases,  you may be able to rent the home from the lender after you do a deed in lieu of foreclosure, or if you just wait it out and contact the lender after the foreclosure is over.You should also know that there can be serious consequences if you ever want to purchase real estate in the future.If you want things to work out differently then it behooves you to contact a reputable foreclosure rescue specialist as soon as possible. These are the people that can help you in Cleveland and Akron, Ohio. If you're able to get to work with one then they should be able to point out any of your options, no matter how desperate the situation may seem.You'll want someone who's going to take the time to look over your situation, and who can then advise you on any options so that you know what's going on. They'll be able to explain everything from a step-by-step perspective, and even if your lender doesn't want to work with them they should still be able to help inform you about your other options in Ohio.A foreclosure rescue specialist should explain to you what the process is going to look like, and let you know how they're going to work on your behalf. They'll be able to tell you if it's even possible for them to help you in the first place, as well as what might happen if things go worse than planned.Unfortunately, there are professionals out there who will take your money without doing anything at all to help you in Ohio.While others won't be able to do much, it's a good idea to find someone who is familiar with the foreclosure situation and how they can help you. A foreclosure rescue specialist might also be able to help you if your lender has already started the foreclosure process and you don't want it to go through. You should know how their fee structure works.  There are different ways this can be accomplished, they don't work for free, of course, so have them explain how they get paid and get it in writing before you start working with them.The foreclosure specialist should also be able to explain who the company is that's foreclosing on you, since they might know them or have dealt with them in the past. The lender may be willing to accept a settlement if they think it will save them money and get them out of your situation as fast as possible.If you're interested in finding out more about Cleveland and Akron Ohio foreclosure prevention specialists then start by contacting one of them today.The specialist will ask you a number of questions in order to understand your situation, which will give them an idea if they can do anything at all for you or not. They may even be able to look over the foreclosure documents if they're already available to you.They will be able to tell you what steps are necessary to take in order to complete the transactions, and how long it's going to take as well. If you can't wait around long enough for a foreclosure rescue specialist in Cleveland or Akron, then it may be time to look into your other options. A deed-in-lieu of foreclosure might help get your house back eventually, but it will take a few months for you to get back in your home.You might also be able to work with the lender yourself, but this is something that both sides are going to have to agree on. In my experience, homeowners seldom are able to get an agreement with a lender once a foreclosure has been filed. Cleveland Foreclosure Prevention TipsYou may be able to avoid foreclosure with the help of a specialist.  It may even be possible to get the lender to  lower your interest rates, reduce late fees, get rid of penalties and offer other solutions that will keep you in your home for good. This is something that can often happen if you're working with a reputable company.You should always look for a foreclosure rescue specialist who is respected in the industry and has worked with several people from the Cleveland, Akron area before. They'll be able to give you a realistic idea of your options before they begin negotiating on your behalf.To avoid foreclosure entirely, you may have to make some difficult decisions. You'll probably need to do things like eliminate your extra debt, and bankruptcy is an excellent way to do just that.  In fact, filing bankruptcy on other debts is often the key to keeping your home from being lost through foreclosure.  Not having to pay other debts frees up money to keep your home from foreclosure.There is a good hand out provided by the City of Cleveland detailing these issues located here.https://www.clevelandohio.gov/sites/default/files/forms_publications/HowtoAVOIDForeclosure.pdfIt's always a good idea to find an attorney who has experience working with banks and lenders in these situations. That way you know they can negotiate on your behalf to get the best possible deals and save your home.Richard West Law Office works with people in the Cleveland, Akron and surrounding areas of Northeast Ohio to help avoid foreclosure, save your home, save your car, eliminate debt,  and get a fresh start. Call us at (330) 333-5771 or fill out our free no-obligation bankruptcy evaluation.

### Cheap Bankruptcy Attorney

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Cheap Bankruptcy Attorneys Are Problematic.
Bankruptcy attorneys are in the business of making sure you get out of debt, but that doesn't mean it is cheap. Cheap bankruptcy attorneys may be willing to skip following the rules or not do a good job for you. You need someone who will file for bankruptcy on your behalf, and with these tips can save you money rather than trying to do it yourself.

The first thing you should do is find a bankruptcy attorney who has been around for a while and knows what they are doing. This way, you won't have to worry about them not knowing the law or making mistakes that could cost you thousands of dollars in fees. If the lawyer is new, try to get references from people who have used the services before. If there are no references, then talk with people who practice law in your area to see if they would recommend someone.

When you choose a cheap bankruptcy attorney or bankruptcy mill, you will want to know what sort of experience they have filed for bankruptcies and what kinds of cases they handle the best. Will they be able to make sure you retain your assets or fight for the best possible outcome for your debts?
Don't Be Fooled - Ask The Cheap Bankruptcy Attorney Questions

 	Ask if it includes more than just filing your bankruptcy petition;
 	Ask if it covers the attorney talking with your creditors to inform them of your decision to file for bankruptcy;
 	Ask them if they will be there when you attend your meeting of creditors;
 	Ask them to show you the last 5 Chapter 7 bankruptcy cases to show if they billed the advertised price;
 	Ask the bankruptcy attorney if they will negotiation the reaffirmation agreement and be there for you.

If any of the answers to the above leave you with a less than desired outcome. Then you may want to shop elsewhere. These are clear signs that you are not getting an experienced bankruptcy attorney.

Bankruptcy mills are a type of cheap bankruptcy attorney that charge less than they should, and offer little support during your case. The person filing will prepare the paperwork and then file it with the court on your behalf. This is not necessarily a bad thing, as a good lawyer may charge extra to do it.

The difference is that the cheap bankruptcy attorney or bankruptcy mill will often cut corners on your case. They may not take all the steps they are supposed to in order to ensure you get out of debt as easily and painlessly as possible. For example, if you have assets they should be liquidated and used for your creditors. A cheep bankruptcy attorney or bankruptcy mill may skip this step, leaving assets that can be taken in order to pay them.

This is not the only way a cheap bankruptcy lawyer will hurt you, though. They may miss filings deadlines or leave out details that could cost you time and money later on. A lawyer who is only in the business of filing bankruptcy for as little as possible may not be motivated to fight for your rights or get you what you need.


Chapter 7 Cheap Bankruptcy Attorneys
One way that many people try to save money on a bankruptcy attorney is by filing for chapter 7. Since there are no wage garnishments in this type of bankruptcy case, some people think they can get away with cheap bankruptcy lawyers who will charge them less and not do as good a job.

When you file a chapter 7, your lawyer is supposed to go over your assets with you, liquidate them as needed and make sure that the right parties receive the proceeds. If your lawyer or their cheap bankruptcy attorneys skip this step, then you could end up losing money to creditors who are no longer paying for your debts.

The other aspect of a chapter 7 is ensuring that there are no non-dischargeable debts. This means that you are supposed to contact your creditors and make sure they know that the debt will not be paid back because all of your assets have been taken by the bankruptcy trustee. A lawyer or a cheap bankruptcy attorney who does not do this could leave some money on the table for your creditors.
Chapter 13 Cheap Bankruptcy Attorneys
Chapter 13 bankruptcy works a lot like chapter 7, except that instead of liquidating your assets to pay off debts you will have to come up with a plan for paying everything back over time. The biggest difference is that you do not get rid of all of your debts thanks to the payment plan. Because of this, there should be no reason to go with a cheap chapter 13 attorney who will avoid paying your creditors as much as possible.

Chapter 13 bankruptcy is considered more complex than chapter 7, and requires at least some knowledge of the law. An experienced lawyer or their staff should be able to explain all the details of this process so that you can make an informed decision about whether to file.

If you cannot afford a lawyer who is experienced in filing chapter 13 cases, then try to find someone who has handled them before for clients. This way, they can explain how the process works and why it is important to make sure that your creditors receive their money back over time rather than all at once. Cheap bankruptcy attorneys or bankruptcy mills may not take the time to explain this and could leave your assets unprotected which would cost you money in the long run.
Bankruptcy Mill Tactics and Finding A Cheap Bankruptcy Attorney
One of the worst things about bankruptcy mills is that some of them will prey on vulnerable people. They know that if they can hook someone in, then they are more likely to get them to file and pay their fees. Some may even charge an upfront fee, which can be paid with a credit card.

The only problem is that this money is gone and there is no guarantee that they will file. Even if the cheap bankruptcy attorney or bankruptcy mill does, then there is still a good chance that your case could be dismissed because of mistakes or lack of knowledge about bankruptcy laws.

An experienced lawyer who has filed many cases should not charge you an upfront fee under any circumstances. These types of mills will be less likely to overcharge you or file a case that does not make sense for your situation. In fact, some of the more reputable bankruptcy lawyers will only charge you if they actually succeed in filing for bankruptcy on your behalf.

A cheap lawyer from a bankruptcy mill may also fail to include all of the required information and forms with your initial filing. Some of these filings can be quite large, and could take up a lot of space on your computer if you were to try to file them yourself. However, some attorneys will want to charge you extra for sending the information over electronically or by mail since they know that it is much more convenient in this day and age.

In order to avoid this, only go with a reputable bankruptcy attorney or a bankruptcy mill that offers electronic filing at no extra charge. This will save you money in the long run, even if they do try to add some additional fees that may need to be paid upfront. The benefit of knowing that your forms were submitted correctly and without mistakes is well worth it since this can help avoid having your case dismissed by using a cheap bankruptcy attorney.

When we initially filed our bankruptcy papers and did not have a lawyer, the biggest problem that we ran into was how long they took to process everything on their end. We waited over six months before our case could even be reviewed, which is why I want to make sure that other people know about this when they consider filing on their own.

Obviously time is money, but the most frustrating thing about this process was that our creditors still charged us late fees while we were waiting for the case to go through. At least now they can only do this once, which should prevent some of these companies from taking advantage of people who are trying to get a fresh start.

This is why I highly recommend that you find a reputable bankruptcy attorney to help with the process vs a cheap bankruptcy attorney.

Check with your local bar association to see who is qualified and what they have to offer before settling on one or filing for bankruptcy on your own.

https://www.ohiobar.org/legal-professional/
The $500 Bankruptcy Trap of The Cheap Bankruptcy Attorney
Another reason why I highly recommend a good bankruptcy attorney is because there are a lot of people who are filing for bankruptcy too often. If you file more than once within eight years, then you will be required to pay the debtor's exam fee per case along with the court fees and professional fees that your attorney charges.

Many people fail to take into account the costs that they will have to pay if they file too often. This is one of the reasons why I want to make sure that you get a good attorney if you are going to file for bankruptcy.

There is no need to pay a good lawyer $2000 or more per case, but there is definitely a need to make sure that you don't get taken advantage of by the people who run these mills where filing fees can seem quite low at first but end up costing you much more in the long run.

It is definitely true that you can find good lawyers who will charge much less than $2000, but they may not have the experience or customers to prove their value to you before agreeing to work with them on your case. This is why it makes sense to do some research and ask a lot of questions rather than getting taken advantage of.

One way to make sure that you don't get taken advantage of is by filing for bankruptcy yourself. This can be done easily by downloading the forms and filling them out as needed. At first this seems like the perfect solution since it doesn't cost you anything except some time, but you should seriously consider hiring a good attorney if you plan on filing for bankruptcy more than once within eight years.

The biggest problem with the forms that are given to you is that they are often filed incorrectly, which can definitely cost you money in the long run. As you probably know, if your case is dismissed then it will need to be re-filed and this will end up costing a lot of money.

Once your case has been filed, you will want to do some research and find out what the next steps are in the process. It is best if you gather all of your paperwork together before moving on to these next steps because you can be sure that at least one of the people from your creditors will show up for court date. This is something that most people don't realize, but it is true.

The creditor's lawyer usually does the job of representing your creditors in court while the trustee's lawyer does the same for you and your attorney. This is how the judge knows whether or not there should be a dismissal of some sort, so make sure to gather all of your paperwork together if you want to avoid paying for a re-filing.

As you can see, there are many different reasons why hiring an attorney is the best way to go if you plan on filing for bankruptcy more than once within eight years. You may not need a $2000 lawyer, but it makes sense to get one with experience and good reviews.

Our Attorneys at Richard West Law Office, have well over 30 years of experience in filing bankruptcy for clients in the state of Ohio and we have filed over 30,000 cases in Dayton, Columbus, Akron, Cleveland, Huber Heights, and the surrounding areas. If you would like to find out more information, give us a call at (937) 748-1749 or get a free bankruptcy evaluation.

### Utility Bills and Bankruptcy

Can Bankruptcy Stop Utilities from Being Shut-Off?
The average household in southern Ohio spends well over $3000 per year on utilities. When you’re in financial distress, these bills can be overwhelming. And utility shut-off is a disaster for most families. If you’re suffering from overwhelming debt, you sometimes face a tough decision, keeping the utilities turned on or paying other important bills.
PIPP and other programs can make matters worse
Many people on the PIPP program have significant past-due utility bills that they will simply be unable to pay. Most people who get behind on their utility bills also are behind on many other bills. When utility shut-off occurs, it throws your entire household into chaos.

Utility companies charge hundreds of dollars to reconnect service after he shut off. And, it is customary to require a significant payment towards the past due amount on the utility bill. It is a good idea to contact the utility company ahead of the shut-off to try to work out some kind of informal payment plan to keep the utilities from being disconnected.
Utility Shut-off Warning?- File your bankruptcy first!
Generally, utility companies will give you several weeks’ warning before actually disconnecting the utility service. When this happens, you have a tough decision to make, and it usually involves not paying some other very important debts just to keep the lights on. If you are in this situation and have other debts that are also more than you can handle, it’s time to explore your options in bankruptcy.

Filing for bankruptcy before the shut-off is scheduled can be a significant part of your plan for debt relief. 
Can I include utility bills in Chapter 7 bankruptcy?
Utility bills are unsecured debts and treated like credit cards, medical bills, and personal loans in Chapter 7 bankruptcy. They are discharged in bankruptcy. If you are able to file your Chapter 7 bankruptcy prior to the utility service being disconnected, the bankruptcy filing will prevent the disconnect. 

This is because the bankruptcy filing creates an immediate bar to any collection actions, including utility service disconnection.

When you file Chapter 7 and include your past-due utilities, all of the utility bills right up to the date of filing are included in Chapter 7 and discharged with no payment. As a bankruptcy attorney, I regularly see my debt relief clients surprised by the utility bills they get after filing bankruptcy. The utility company generally wipes out the bill up to the very day of filing.

In southern Ohio, we generally do not see utility companies ask consumers to provide adequate assurance of future payment. And, happily, utility companies tend to be very responsive to notice a bankruptcy case. 

In fact, we generally contact the utility company ahead of time if we know that we will be filing a bankruptcy very close to the shut-off date. Historically, the utility company has been very understanding and helpful in avoiding service disruption.
Can utility bills be included in Chapter 13
Yes, just like in Chapter 7, utility bills are treated as unsecured debt in a Chapter 13. Since a Chapter 13 payment plan might pay anywhere from 1% to 100% of the unsecured debt, it is possible that the utility company will actually receive some payment towards the past-due service. Whether or not the utility company gets any money from the Chapter 13 is irrelevant to the service disconnect. The filing of a bankruptcy, and Chapter 13 or in Chapter 7, stops the utility company from disconnecting your service.
Getting utilities after bankruptcy
When a person discharges past-due utility bills in bankruptcy and later seeks to establish utility service at a different location, it is possible that the utility company will require the security deposit payment. This right to require a security deposit is not always enforced. I’ve seen numerous situations where my clients have been able to discharge past-due utility bills and establish new service at a different address after their bankruptcy without paying a security deposit.
Adequate Assurance of Utilities
Adequate Assurance of Utilities under the Bankruptcy Code gives debtors protection against post-petition disconnection of services through providing utility providers with an ‘adequate assurance‘ of payment. So, like the automatic stay prevents other creditors from collecting once a bankruptcy case is filed, the utility services cannot be shut off either for a consumer filing bankruptcy.

If you owe back payments on utility services and you file for bankruptcy, the utility company cannot refuse or cut off your service. This is prohibited in a different section of the bankruptcy code than the stay on repayment of debts (11 U.S.C §366). It also prohibits utility companies from refusing service just because they filed for bankruptcy.
Utility company can request adequate assurance of payment but often does not
Although a utility shut-off cannot happen when you file for bankruptcy, it will eventually expire without further action on your part. Within 20 days after filing for bankruptcy, the company can require you to provide assurance that you will pay future bills.

If you don’t pay your utility bills before a bankruptcy filing, the electricity company might cut off service to your home. If you provide notice of intent to pay, and the bankruptcy wipes out back payments, they must continue services.

On the other hand, we have seen many instances where the utility company may, but did not require Adequate assurance or any deposit whatsoever. It’s good to know that it’s a possibility, but it is not commonly seen in the Dayton, Ohio, area. Consumers filing for bankruptcy get a fresh start, free of past due utility bills without posting assurance of payment. 
Summary
If you fail to pay utility bills, this can result in shut-off, throwing your household into chaos. Filing bankruptcy can prevent the shut-off or enable you to get service again if shut-off has occurred.

The past due utility bills are unsecured debts, wiped out in Chapter 7 and paid as low priority debt in Chapter 13.

Filing bankruptcy can result in the utility company requiring you to provide adequate assurance within 20 days, but this does not happen in most cases in Southern Ohio.

Filing bankruptcy on utility bills will not prevent you from obtaining future service.

Filing bankruptcy on utility bills can be an important part of your debt relief plan.

### How to File Bankruptcy Yourself

How to file bankruptcy yourself is a common question. 
Even people I see in my own consultations sometimes ask if it's a good idea to file bankruptcy myself. Seldom is the answer yes for filing Chapter 7 bankruptcy myself, and never for filing Chapter 13 bankruptcy (debt repayment plan) yourself.
Can I File Bankruptcy Myself?
You can file for bankruptcy yourself, but should you? Since even a small mistake can, in a best-case scenario, just get your case dismissed, and then you have to file bankruptcy yourself a second time to fix the problem. And then, of course, you will have to pay the filing fee over again. I witnessed a trustee dismiss the FOURTH pro se filing of a woman who tried but repeatedly failed to get it right.  

She actually spent MORE trying to do it herself than if she had hired a bankruptcy lawyer to file her Chapter 7 petition for her. Saving on attorney fees did not work out well for her. But in a worst-case situation, you could

lose some of your property and STILL not get a discharge of debt. The saying "don't try this at home" comes to mind. Even the US Bankruptcy Court website contains this warning:  "Individuals can file bankruptcy without an attorney, which is called filing pro se. However, seeking the advice of a qualified attorney is strongly recommended because bankruptcy has long-term financial and legal outcomes."

https://www.uscourts.gov/services-forms/bankruptcy/filing-without-attorney

Don't use a bankruptcy petition preparer. They are not allowed to give you legal advice. You can get legal advice and information about the bankruptcy process from a bankruptcy attorney at a free consultation. 
Filing Chapter 7 Bankruptcy Yourself
First, even before you begin to explore your eligibility, ask yourself, "What do I have to lose?" Do you have any property that is valuable? Do you own real estate?

For people who really don't have any significant property, don't have much income, and are burdened with overwhelming debt they simply can't pay, then there may not be much risk even if the bankruptcy fails.

On the other hand, if you've built up equity in your real estate, or if you have vehicles or other personal property that you want to protect, then it is at least advisable to seek an initial consultation with a bankruptcy attorney. Bankruptcy lawyers can often tell you whether or not you are a candidate for Chapter 7 at a free consultation. A bankruptcy petition preparer is, by law, not permitted to give you legal advice. Although most people don't lose property in Chapter 7, it is called a liquidation bankruptcy for a reason. 

If you're interested in filing Chapter 7 bankruptcy yourself, you could tell the attorney this. Just be honest. Most attorneys will tell you whether or not you may experience problems if you try to file a Chapter 7 bankruptcy yourself.

Assuming that you have not filed bankruptcy before and your income is under the median income for your family size, you will not need to worry about the means test. You will have to fill out the bankruptcy schedules. The means test is a complicated matter.

When filing bankruptcy without a lawyer getting, this means test form done right can be difficult. If you don't get it right, you can expect an audit or an inquiry from the United States Trustee's Office. They may demand supporting information, and if they conclude you are not eligible, based on the way you have filled out the form, they may seek to have the Court dismiss your case. 

 
Mandatory Credit Counseling for Chapter 7 Bankruptcy
Everyone who files a Chapter 7 bankruptcy, even if you are filing Chapter 7 bankruptcy yourself, has to complete a mandatory credit counseling course. Many of these courses are found online and are not very expensive. The typical costs for credit counseling courses are around $25. Some providers might even reduce or waive the fee. 

The mandatory credit counseling course for Chapter 7 bankruptcy must be completed before you file your petition. Failure to follow this requirement will result in your case being dismissed by the Court. 

The debtor education counseling course will provide you with a certificate of completion, which you will file with the Court.

A list of approved counseling agencies can be found here: https://www.justice.gov/ust/list-credit-counseling-agencies-approved-pursuant-11-usc-111
Filling out the Chapter 7 Bankruptcy Forms Yourself
When you use an attorney, the attorney will get all of the forms filled out for you. When you file Chapter 7 bankruptcy yourself, you must obtain and fill out all of the forms. The forms are available for free from the United States courts website https://www.uscourts.gov/forms/bankruptcy-forms.

Once you have obtained the forms, you will need to carefully read through them and fill them out completely and accurately. A Chapter 7 bankruptcy petition consists of a number of official forms and schedules. The main forms, and some common mistakes people make when filing Chapter 7 bankruptcy without a lawyer, are found below.
How to File Bankruptcy -  An Overview of the Chapter 7 Bankruptcy Petition. 
Everyone who files bankruptcy has to prepare a bankruptcy petition. The petition contains an enormous amount of information that the trustee and the Court carefully scrutinize. In addition to the petition, numerous supporting documents are required by federal law to be provided to the trustee. Failure to correctly fill out the petition or to provide the necessary documents could result in loss of property or a dismissal of the case.
The following is an overview of the major parts of the bankruptcy petition. 
IMPORTANT! This is not a how-to guide! However, a careful review of the bankruptcy petition is the responsibility of every consumer debtor who files bankruptcy. The following paragraphs will help to acquaint you with some of the information you'll need to review before filing your case. 

REMEMBER! Every bankruptcy petition is filed under penalty of perjury; all the information needs to be accurate and complete. Penalties for falsification of a bankruptcy petition include fines up to $250,000 and imprisonment. 
Official Form One: Voluntary Petition
This identifies the individual who was filing, name and former names, and identity. The filing status will indicate married or not married, and in Ohio, common-law marriage is not recognized. All legal marriages, including same-sex marriages, are recognized. Prior names must be disclosed as well as full address information. 

The trustee will require proof of identity through Government Issue photo ID and proof of Social Security number, typically provided by a social security card or a 1099 or similar document.

The voluntary petition indicates which chapter being filed and provides information about any prior bank cases.
Official Form:  106 Real Property
All interests in real property must be disclosed, and the form of ownership, individual joint, community property, joint with right of survivorship, etc., must be disclosed. Also, the fair market value of the property and any encumbrances including liens placed on the property by creditor must be disclosed. And, a future interest such as a life estate must be listed as well.

Documentation to prove the information in the petition would include recorded copies of mortgages, deeds, land contracts, and etc. Note that the copies must be recorded copies, and you may need to purchase these from the county recorder's office.
Official Form:  106 Personal Property
The bankruptcy petition includes a long and detailed list of different categories of personal property that must be listed. Some of the property is self-explanatory. Some are not.

It is mandatory to list any cash on hand, including cash kept at home safely or in a safe deposit box. Bank balances on the date of filing must be listed, and proof of the amount in the account provided to the trustee. Checks that have been written but not cleared may not count in most cases. Money owed to you must be disclosed even if you don't expect that you'll ever be able to collect it.

Household goods and furnishings have to be listed in enough detail so that the trustee can determine whether or not an exemption protects each item of property that you own. Therefore, there should be a detailed listing, along with the current value of the property as well.

Books, pictures and art objects, coin collections, and other collections must be disclosed along with their current value. Sometimes, it's appropriate to get an appraisal for these items if necessary or helpful to accurately understand their value.

Wearing apparel, including furs and jewelry, must be listed as well. Trustees often ask if these items are separately scheduled on homeowners insurance. Often people who file Chapter 7 bankruptcy forget to list their clothing and other wearing apparel. These are referred to as "naked debtors" since they apparently have no clothing. The trustee will usually instruct a "naked debtor" to try again to fill out the form completely and will sometimes make the debtor come back after amending the schedules to include all property as required by law.

Firearms sports equipment and other hobby equipment must be listed with the current resale value. Firearms often get special attention from trustees because the values of these items have increased recently.

Interests in insurance policies. Life insurance policies that have cash value may or may not be protected by exemptions. It will be necessary to show the trustee a copy of the declarations page showing who owns the policy, who was insured, who the beneficiary is, and the current cash value. Sometimes it is necessary to obtain this information from the insurance company. If the policy's cash value is not protected, the policy will be liquidated by the trustee; the debtor will lose the policy and the cash value.
Annuities and Retirement Plans. 
Often retirement plans are fully protected, but sometimes they are not. An analysis of the type of policy must be conducted to determine whether or not the policy qualifies for protection under bankruptcy law. 
We regularly encounter retirement policies that are not protected; although our clients held the accounts for retirement, the form of retirement was not protected in bankruptcy. The trustee must see the entire policy description, including the kind of policy and the amount in the account.
Stocks bonds and interest in business. 
These items generally have no special protection. In most cases, the only protection afforded in bankruptcy is the cash exemption of $500 or the wildcard exemption of $1,350. It is common to have to turn stocks over to the trustee if the value is above what can be protected.

Interest in business may present valuation issues. A statement from CPA or a business broker might be necessary. In many cases, however, the business is just the sole proprietor business of the debtor and has no standalone value.

Is important to make a distinction between property owned by the debtor and property owned by a business owned by the debtor. It can make an enormous difference in the outcome. Often property is lost to the bankruptcy trustee because the title is held by the business and not by the debtor.

Even though you may not have actually received your refund yet, tax refunds are property of the bankruptcy estate. A tax refund is composed of several parts. The amount of the refund due to withholding has no special protection. The only exemption applicable would be the wild card or cash on hand. However, there are some portions of a tax refund that are protected.

Tax refunds consisting partly of additional child tax credit, earned income credit or the recovery rebate credit are protected. The child tax credit, which is different than the additional child tax credit, is not protected.

Tax refunds often confuse debtors who file Chapter 7 bankruptcy without a lawyer. If you file a bankruptcy on July 1st, halfway through the year, you may not be thinking of a tax refund.

However, if your tax refund turns out to be $10,000 at the end of the year, then the trustee will likely take the position that $5,000 of the tax refund was earned when you filed the bankruptcy and must be turned over to the trustee even if your bankruptcy is over.

If someone has died and you anticipate an inheritance, the inheritance is part of your bankruptcy estate when you file your bankruptcy. Even though it may take years to administer a probate estate, if you are owed money when you file your bankruptcy, the amount you are entitled to receive must be listed in the bankruptcy and becomes part of the bankruptcy estate. There is no special protection or exemption for inherited property. 

Another surprise for those who file for bankruptcy without an attorney is the 180-day rule. While ordinarily, what you own or have a right to is measured at the time you file for bankruptcy yourself, there is an exception for this. 

If someone dies within 180 days of the date you filed, then anything you have a right to receive will come into the bankruptcy case. 
Automobiles Trucks and Motorcycles.
The bankruptcy code currently protects up to $4,000 of equity in a motor vehicle per individual person filing bankruptcy. When you file Chapter 7 bankruptcy yourself, this can be confusing. 

The exemption cannot be split up among several vehicles and can only be applied to one vehicle. If the vehicle is owned jointly, then the bankruptcy code presumes that each listed owner has a 50% interest in the vehicle. Properly applying the exemptions is critical to protecting your property. If you don't get this right, the trustee could ask you for the keys!

Remember, the exemption applies, of course, only to equity. If your car is worth $10,000 and you owe 10,000 or more on it, there is no equity. However, if you owe $10,000 on a $20,000 car, then you have $10,000 equity. Since your exemption is only $4,000 the car would have equity available to the trustee to take and sell. The trustee would sell the car for $20,000, pay the loan of $10,000, pay you $4,000, and then have $6,000 to apply to your debt.

These are just the highlights of the personal property issues that arise in bankruptcy. The official form lists over 20 separate categories of property that must be disclosed as well as a catchall provision for any other property not listed in a category.
Form 106 Schedules DE and F 
These schedules contain a list of all of the creditors that you have the time or cases filed.
Schedule D
Is for secured creditors, like cars and houses, large purchases. Schedule D is also where you'll find creditors who have filed judgment liens against real estate that you own. Examples would be a car loan or a house loan.

It is important to check the public records when filing bankruptcy if you own real estate, or even if you don't, to determine whether or not you've been sued and if a judgment creditor has filed a lien against you. The lien attaches to all property that you own that exists in the county where the lien is filed.

Sometimes these liens can be removed in bankruptcy through litigation referred to as a lien avoidance action pursuant to 11 USC 522(f).
Schedule E
Is where you are required to list priority creditors, typically tax creditors

but also child support obligations can be found on Schedule E as well. It is important to note that although student loans are not discharged in bankruptcy, they must be listed on Schedule F because of there unsecured and not priority creditors.

Also, if you owe child support, you should know that person receiving the sport will also receive a notice of your bankruptcy filing. 

Child support obligations as well as other mandatory notice addresses are listed in this schedule. 
Schedule F
Contains all the unsecured debts like credit card debt, unsecured loans, personal loans, payday loans, medical bills, and other debts that you owe, but for which there is no security for the debt. It is important to be as complete as possible when listing debts on Schedule F. You need to include any collection agencies that the debt may be assigned to and any attorneys attempting to collect the debt. If you fail to notify the collection attorneys, they will not know that you filed bankruptcy yourself and may continue to collect from you or even sue you. The discharge of unsecured debt is the most important aspect of improving your financial situation. 
Schedule G - Executory Contracts and Unexpired Leases
On this schedule you will indicate whether you intend to continue to pay or you want to not pay executory contracts and unexpired leases. If you are renting an apartment, you might wish to move and reject the balance of the apartment lease and not pay it. The debt will be discharged in your bankruptcy. However, in most cases, you'll want to continue with your apartment lease, so you will need to schedule it to be assumed.

Automobile leases are frequently seen in bankruptcy. It is my general advice that it is often a good idea to let the automobile go back to the creditor if it appears that you will owe a large sum of money when your lease ends. 

On the other hand, if it appears that you will not owe for over mileage or damage at the end of your lease, or you might even wish to purchase the vehicle at the end of the lease, then you would assume the automobile lease in your bankruptcy.

Cell phone contracts, rent-to-own contracts, gym memberships are all examples of executory contracts which are listed in this schedule.
Co-Debtors
Schedule H
If you have a co-signer on any debt you owe, the co-signer information must be listed in the schedule. The co-debtor will receive notice of your bankruptcy filing. 

Current Income, Schedule I

Everyone who files bankruptcy is required to disclose all sources of income. It is important to understand that even if you are filing individually, it must be disclosed if your spouse has income. The only exception would be if the spouses are separated.

Income is defined in bankruptcy as any income that you regularly receive. Therefore, a one-time gift would not be included, but if you had someone living in your home and was paying rent regularly then that income would be included as well.

When filing a Chapter 7, clients often want to know if their employer will be notified of their bankruptcy filing. Unless the employer is also a creditor, there will be no notification to the employer regarding the bankruptcy filing.

It is important to provide detailed income information on the bankruptcy petition. Income information is found here in Schedule I, and it is also found on form 122, the means test form. The gross income, and all of the deductions, have to be fully disclosed. In Chapter 7, for means test purposes, some deductions are disregarded on the means test form, although they may be included on a Schedule I. 

For example, suppose you make contributions to a retirement plan or pay back a loan against a retirement plan. In that case, those payments or contributions are disregarded in the Chapter 7 means test formula. However, this is not how it works in Chapter 13, and the means test forms are different for the different chapters.

Self-employed people sometimes have particular challenges filling out the Schedule I. Gross income to a self-employed person might be reduced by business expenses necessary to generate income. Suppose the information is not clearly understood by entering it into the forms. In that case, it might be necessary to explain the schedule to inform the trustee in the Court about the details of the self-employed person's situation.

Pension income, Social Security, government existence, Social Security disability, short-term disability, and all other forms of income must be disclosed on Schedule I. It is important to note as well if you expect to have a change in income in the next 12 months.
Schedule J
Current Expenses

Current expenses include rent or home mortgage, utilities, home maintenance, food, clothing, and a list of other typical expenses. Repayment of debt that is being discharged in the bankruptcy will not be listed on Schedule J. Student loan payments, even though not discharged, should not be entered on Schedule J. However, debt that will be reaffirmed, like a car payment, should be listed here.

Note that there is no separate category of expense for savings. It is assumed in bankruptcy that all of a person's disposable income is available to pay debt and pay living expenses. For this reason there is no separate provision for maintaining a regular amount to be put into savings.

If you pay health insurance yourself, not deducted from your pay, the monthly amount for health insurance is included here. Because the cost of medical expenses has recently increased significantly, I find that it is appropriate in many cases to add a separate expense line for ongoing medical expenses. If your insurance is deducted from your pay, don't list it here or the trustee will disallow it as "double dipping." 

For example, suppose the family has ongoing medical expenses such that they know they will have to pay a large deductible every year. In that case, this fact needs to be disclosed on Schedule J. If the deductible is $6000 and the family has a history of paying it and expects to continue to pay it then an additional $500 per month should be disclosed on Schedule J to reflect this fact.
Official form 107 Statement of financial affairs
The statement of financial affairs provides information about the financial history of the debtor. It is the longest section of the bankruptcy petition. Depending on the answers to the questions in the statement of affairs, many more additional documents might be required for the trustee in Court to review. For example, if you indicate transfers within the last 4 years, then the trustee may require you to provide all documentation related to the transaction for review. 

Income from Employment or Business

Here you will list all of your income for the last several years and provide W-2s, 1099, Schedule C, financial reports, and any other information that is relevant to the income you have received from these sources for the last two years. 

Income from other than employment or operation of the business would be income from Social Security, SSI, pension, food stamps, child support, rental income or any additional income stream.

Payments to Creditors

Payments to creditors are scrutinized to determine whether or not you have paid in excess of $600 to any single creditor in the last 90 days or if you've paid insiders, typically family friends or relatives, in the last year. 

These types of payments might be recovered by the trustee and the money brought back into the bankruptcy estate so that it can be distributed to your creditors.

The section can be particularly difficult because family members and friends will often have loaned money to or paid debts for a person who files bankruptcy in the year before they file.

It is very common to see payments made to these insiders in the year prior to filing bankruptcy. It is precisely because insiders will likely be paid instead of unrelated creditors that the rule exists for the one-year look-back.

All lawsuits need to be disclosed as well if they have been active in the last year. Sometimes consumers are not aware that they have been sued. If there is any doubt about whether or not a lawsuit has been filed it is a good idea to check with the local courts to see whether or not a lawsuit has been filed. Sometimes clients are surprised to learn that they have been sued and judgment taken against them without their knowledge.

Executions Garnishments and Attachments

Generally speaking, if money has been taken from a debtor by a garnishment of wages or bank account or attachment of bank account prior to the bankruptcy filing, the debtor cannot recover it. However, if there is an ongoing garnishment, then any money taken from the debtor after the date of the filing of the bankruptcy must be returned to the debtor.

Repossessions Foreclosures and Returns

If a repossession or foreclosure has taken place, it is quite likely that there is a deficiency that is still owed to the creditor. Even if the creditor is not currently requesting any payment, it is important to list the creditor for any repossession or foreclosure our return, even if voluntary, so that the debt can be discharged.

Occasionally there is money owed to the debtor after a foreclosure or repossession. If this is the case, the trustee will be entitled to the money, not the debtor, as everything owed to the debtor becomes property of the bankruptcy estate and subject to the control of the trustee.

Gifts

It is required that you disclose any gifts over $200 made to any single person or charitable contributions in excess of $100 on your bankruptcy schedules. Gifting large sums of money prior to filing bankruptcy is likely to draw increased scrutiny by the Court.

Losses

If you suffer losses due to theft or fire gambling or any other circumstance, this must be disclosed in your bankruptcy schedules. If the loss was shortly before the bankruptcy was filed, you may have insurance proceeds that are owed to you. If you file your bankruptcy with the insurance proceeds pending, proceeds will become part of your bankruptcy estate.

This can cause a big problem for people who suffer losses. For example, we have a $10,000 equity exemption for household goods and furnishings. If you suffer fire loss to your household goods, and are owed $10,000 to replace these item but you file your bankruptcy before you receive the money and replace the items, then the money becomes part of the bankruptcy estate. (If you wait, however, until you get the money and replace the items and they become again household goods and furnishings then they will be protected.) One more trap to watch out for when you file Chapter 7 bankruptcy yourself.

Payments to Debt Counselors or for Bankruptcy Services

All money paid to any attorney assisting or advising the consumer with bankruptcy, or any other firm (like a debt settlement firm or credit repair agency) in the one year prior to filing bankruptcy must be disclosed in your bankruptcy schedules.

Transfers

Transfers cause significant problems in bankruptcy. If you have given away or sold or disposed of any property it must be reported in your bankruptcy. The look back period for the reporting is two years on the bankruptcy forms. The trustee seeks to learn whether or not you've transferred property for less than fair market value. Therefore, it is not possible to sell a valuable piece of personal property, like a motorcycle, for less than what it's worth in an attempt to protect the property from being lost to the trustee in bankruptcy. These fraudulent transfers can create serious problems for all concerned.

Note also that while the bankruptcy code provides for a 2 year look-back. But Ohio has a four-year look-back. And Chapter 7 bankruptcy trustees in Ohio will always ask if you have sold or given away or transferred any property in the last four years. And, to complicate matters further, there are some situations that can trigger a TEN YEAR LOOK-BACK!

Closed Bank Accounts and Safe-Deposit Boxes

If you've closed out any account or have safe-deposit box the details of the bank account in the contents of the safe-deposit box must be disclosed to the trustee.

Property Held for Another

Sometimes a debtor in bankruptcy will have possession of property but will not own it. For example, if you are using a car that belongs to someone else but the title remains in their name and you are just using it with their permission until you can get one of your own, this needs to be disclosed.

Often parents will have cars in their names that are actually driven by and considered to belong to their children. In Ohio, the ownership is governed by the name on the automobile title. Therefore these cars would not disclosed here in the statement of financial affairs as property being held for another because legally in Ohio, property belongs to the title owner. (This often causes exemption problems) . 

These are the highlights of the information contained in the statement of financial affairs. There are other categories and questions for businesses and other issues that are not commonly encountered.

Chapter 7 Statement of Current Monthly Income, the Means Test.

If your income average for the six-month period of time prior to the month that you file your bankruptcy is over the median income for your family size then you must complete the means test. If your income is lower than this threshold and you are not required to fill out the Chapter 7 means test.

Because the means test is a long and complicated document, we will not go into the details of the means test in this overview. I have devoted an entire article to the means-tested how to pass it if you need to. 
Filing the Chapter 7 Bankruptcy Petition Yourself 
When you file your Chapter 7 bankruptcy petition yourself, you will need to either mail the petition to the Court or personally deliver it to the Court. The court offices are now open daily to receive bankruptcy filings. You will pay the court fees when you file.

While attorneys are required to file bankruptcy petitions electronically when you file your bankruptcy yourself, you are permitted to file it in paper format on official bankruptcy forms. You should call the Court to ask how many copies to bring with you.

When you file a bankruptcy petition yourself, the court fees are the same as that charged when an attorney files a case for you. The Chapter 7 petition fee is $338 unless you qualify for and apply to have the fee waived. Information about obtaining a waiver of the filing fee can be found here Waiver of Filing Fee. Again, it is ill advised to use a bankruptcy petition preparer to help you with this debt relief project. 

Attend a Meeting of Creditors with a Bankruptcy Trustee

After you file your Chapter 7 bankruptcy petition, the Court will see that a bankruptcy trustee appointed to your case will oversee your case and your creditors will be notified of your bankruptcy filing. You are required to send a copy of your statement of intent (official form 108) if you have secured debts to the creditors yourself. The Court will not send this document for you. The trustee will ask you about this at your meeting of creditors.

The meeting of creditors, also called a 341 meeting, will be held typically five weeks or so after you file your bankruptcy petition. Creditors are permitted to attend these meetings but seldom do. You will be required to appear and testify under oath regarding the information that is contained in the documents you filed with the Court. Also, at least a week prior to the 341 meeting, you are required to provide a number of documents to the trustee.

Documents Required to be Provided to the Trustee

Local Bankruptcy Court Rule 4002 – 1 provides a list of all of the documentation that you are supposed to provide to the trustee. You'll need to provide this information to the trustee at least a week before the meeting.
4002–1 DEBTOR — DUTIES
a) Documentation to be Brought to § 341 Meeting by Debtor. Each debtor shall bring to the § 341 meeting either the following documentation or a statement why such documentation is not applicable or available. This Local Rule is not applicable to a Chapter 11 business debtor who has made other arrangements with the United States trustee. 

 	 A picture identification issued by a governmental unit, or other personal identifying information that establishes the debtor's identity. 
 	Evidence of social security number(s) or tax identification number(s).
 	Evidence of current income, such as the most recent payment advice or paystub.
 	Copies of all original and duplicate certificates of title or copies of motor vehicle registrations (Ohio Bureau of Motor Vehicle Form BMV 1149 0301) pursuant to Ohio Revised Code §4503.26 for all titled personal property, including, but not limited to, motor vehicles, boats, motorcycles, trailers, and mobile homes.
 	Copies of any personal property leases, including motor vehicle leases.
 	Title documents to all real estate in which the debtor has an interest, including deeds, registered land certificates of title, land contracts, or leases.
 	Closing statements for any interest in real estate sold or conveyed by the debtor within the year preceding the petition filing date.
 	Evidence of the value of real estate in which the debtor has an interest (county auditor appraisal or independent appraisal, if available).
 	Copies of all mortgages and liens upon real estate in which the debtor has an interest showing all recording information and details of all certificates of judgment, including the name of the judgment creditor, date of filing, judgment docket number, page and amount.
 	All life insurance policies owned by the debtor and evidence of the cash surrender value and the beneficiary.
 	Copies of the United States, state, and local income tax returns, including any amendments, of the debtor and of any business entities wholly owned by the debtor, for the three (3) years preceding the petition filing date, including the most recently filed tax return.
 	Statements for each of the debtor's depository and investment accounts, including checking, savings, and money market accounts, mutual funds, and brokerage accounts for the time period that includes the petition filing date. – 51 –
 	Copies of any separation agreements or decrees of dissolution or divorce entered into or granted during the twelve (12) months prior to the petition filing date.
 	All documents evidencing the debtor's interest in any retirement account, including plans established under 26 USC § 401(k) or 26 USC § 403(b), including individual retirement accounts, account statements, summary plan descriptions, and qualification letters from the IRS. For individual retirement accounts, an accounting of all contributions to the account since its inception. (15) Copies of security agreements and financing statements.
 	Copies of stock certificates, bonds, credit union accounts, and other evidence of investments or savings. (b)

Payment Advices – Submission to Trustee and United States Trustee in Lieu of Filing. Unless otherwise ordered by the Court, copies of all payment advices or other evidence of payment (e.g., paystubs) received within sixty (60) days before the date of the filing of the petition from an employer of the debtor shall not be filed with the Court and shall instead be provided to the trustee and the United States trustee at least seven (7) days prior to the first date set for any § 341 meeting, but no later than forty-five (45) days after the date of the filing of the petition. 

In the event no such payment advices other evidence of payment have been received by the debtor, the debtor shall provide the trustee and the United States trustee with a certification of that fact under the time limitations set out above. (c) Disclosure of Property Acquired Postpetition. 

If the debtor acquires an interest in property of the kind listed in § 541(a)(5) within 180 days after the date of filing of the petition or property of the kind listed in § 1306, the debtor shall immediately notify the trustee and provide copies of all documents related to the interest. Trustees will ask for the full bank statement for the month you filed for all accounts listed. This is to help them get a complete understanding of your financial situation. A common mistake made by people who file Chapter 7 bankruptcy without an attorney is to fail to provide all of the required documentation. If you attend your section 341 meeting without having provided all of this documentation to the trustee, it is quite likely that the trustee will refuse to hold the meeting and will require you to reappear at a later date after providing the information required by local rules. Generally, a second failure to provide the information will result in the trustee filing a request or motion, with the Court to dismiss your case.

Personal Financial Management Course

After you have successfully completed your section 341 meeting of creditors, you will be required to file a certificate indicating that you have successfully completed a financial management course. This is very important because even though you may have done everything else correctly, if you fail to provide the certificate of completion, the Court will not grant a bankruptcy discharge.

The certificate of completion for the financial management course that is required must be filed with the Court. The course provider will not file the certificate for you, you are required to do it yourself.

The Court Grants a Chapter 7 Discharge

If you have successfully completed all of the required steps to prepare and file your petition, attended the 341 meeting and answered all of the trustee's questions, and provided proof that you of completed both required courses, then the Court should grant a discharge in about 10 to 12 weeks after your section 341 meeting.

Provided that no party objects and the trustee has no objection, the Court will in most cases grant the discharge as a matter of course. However, objections to discharge or to the dischargeability of an individual debt sometimes occur. 

When this happens, it is highly advisable to get an attorney involved because litigation in bankruptcy court is beyond the ability of someone not trained in this area.

After Chapter 7 Discharge, What Happens Next?

After the bankruptcy court grants your discharge, your dischargeable debts are legally no longer owed. Creditors cannot attempt to collect in any way. If they do, they are violating bankruptcy law. 

The three credit bureaus, after 60 days from the date of your discharged, should report the discharged debt as a zero balance, included in bankruptcy. You will want to pull your credit reports to ensure that this is happening properly. Wait 60 days after the date of your discharge to pull your credit reports.

Some debts are not discharged in Chapter 7 bankruptcy. The common debts that are not discharged include student loans, child-support obligations, and taxes. There are other classifications debts which do not get discharged as well, but these are the main kinds of debts the people have which are not discharged.

Making the Most of Your Fresh Start

After you have discharged all or most of your debt in Chapter 7 and obtained the debt relief it provides, you will be better able to meet the financial obligations you have. It is advisable to begin rebuilding credit right away.

Just because you have a Chapter 7 bankruptcy on your credit report for 10 years from the date you filed your petition, this does not mean that your credit will be ruined for 10 years. If you take the proper steps after filing bankruptcy yourself to rebuild your credit, it is entirely possible for you to get a good credit score in just a few years.

### Eviction and Bankruptcy

If you’re facing eviction, bankruptcy may be a part of your recovery plan. A Federal Judge in Ohio has ruled that the CDC  has exceeded it’s authority with the current ban on evictions, according to CNBC article by Annie Nova, March 11, 2021. And many Ohio renters are worried. Bankruptcy and eviction often go together.

In fact, in a recent article, City Beat (December 10, 2020) reports that 11% of Ohio renters may be at risk of eviction. When eviction strikes, you need to know all your options, including how you might be able to use bankruptcy to stop eviction and get more time to move and to eliminate the burden of unpaid rent, and any “damages” your landlord may claim you owe.
Things you need to know:
Can Bankruptcy Stop Eviction?
Yes, filing bankruptcy can stop eviction, but the protection is temporary. And, you need to act quickly if you have received an eviction notice. Once the landlord gets a judgment of eviction against you, the landlord can request a hearing in the bankruptcy court to end the automatic stay and continue to evict you.

The process of lifting the stay in the bankruptcy court can take 21 days, or possibly less. While the motion to remove the stay is pending in the bankruptcy court, the eviction in the local State Court is paused.  This is how bankruptcy and eviction work together, you are now involved in two different court proceedings.

If the landlord has already obtained a judgment against you, then it works a bit differently. The filing of the bankruptcy does create a stay on the eviction, but after 30 days this ends. If, however, you cure all of the rent deficiency (past due rent) and deposit that money with the court, you could then request the court to continue the stay and if you do this the landlord may even voluntarily withdraw the eviction, because the rent is paid. This would not be mandatory and in practice is seldom done.
Can bankruptcy discharge back rent and damages?
Yes, filing bankruptcy can discharge back rent and damages. In practice, when a tenant has to file bankruptcy after being evicted, the bankruptcy will provide a brief extension of time so that the tenant will be able to find a place to move to, and avoid the forcible removal of his personal property.

Example:

Landlord files eviction for unpaid rent. The tenant is too far behind to pay the past due amounts, and the landlord will not work with the tenant. Tenant attends the State Court hearing and tells the Judge that he knows he is behind and cannot pay the past due rent. He requests additional time to move. The judge grants him only 10 days.

Tenant knows it will take more than 10 days to move. He consults a bankruptcy attorney and decides to file a chapter 7 to wipe out the past due rent and any damages the landlord may later claim. He files his bankruptcy before the 10 day move out date arrives. This will probably provide tenant with up to 30 days to move, due to the automatic stay imposed on the landlord by the bankruptcy.

Note, however, in this example, that the debt discharged in the bankruptcy will be the amount of back rent owed as of the day the bankruptcy is filed. The landlord can later claim rent for the time the tenant is in the property after the bankruptcy is filed. Also, if the landlord claims the tenant is damaging the property or using controlled substances there, the landlord may file a certification in the bankruptcy court to this effect, and the tenant has only 15 days to respond.

Bankruptcy and eviction is a complex topic, and it’s best to seek the advice of an attorney if you find yourself in this situation. “In most cases, I see bankruptcy used to provide a little extra time for tenants to find another place to live, and arrange for moving their property. Then we wipe out the back rent and damages, and all their other debt as well, keeping their cars and beginning the process to rebuild” says Richard West, a Board Certified Consumer Bankruptcy Specialist. “It’s not realistic to think that bankruptcy will erase the unpaid rent, and allow you to stay in the property” he adds.

### Will the Bankruptcy Trustee take my 2021 Stimulus Check?

What You Need to Know to Protect Your 2021 Stimulus Check
Expecting a stimulus check?  Planning to file for bankruptcy and wondering if your stimulus check will be taken by your bankruptcy trustee. Trying to figure out whether you should file your bankruptcy now, or wait to file bankruptcy after you get your check? Here’s what you need to know.

On December 27, 2020, the Consolidated Appropriations Act of 2021 went into effect.  This law includes coronavirus emergency assistance and states that individuals earning under $75,000 will get $600 plus $600 for each dependent. The funds are categorized as "recovery rebates."  And, CNBC.com, in an article dated March 12, 2021, reports that the $1,400 checks are now on their way!

Last year, the United States Trustee issued a statement regarding stimulus checks in bankruptcy. For the 2021 stimulus check, however, there has been no published statement. One of the assistant United States Trustees has stated that the policy has not changed.

If you’re one of the many who will get this money, how do you protect it and still file bankruptcy?  The answer depends on several things, including the state you live in, since most states have different laws that apply to your property, including the stimulus check if you have it, or your right to receive it, if you have not yet received it. This will affect your 2021 stimulus check in bankruptcy.
Considering bankruptcy and have not received your check.
Your right to receive the stimulus check, or a recovery rebate on your tax return, is considered part of your property when you file bankruptcy, even if you have not yet received it. Trustees in bankruptcy always ask if you are entitled to receive a tax refund, and if you have not filed, how much you expect your refund to be.



 

If you have not prepared your 2020 taxes yet, you should.   You don’t want to guess, and possibly lose part of your refund. Your tax refund is composed of several different amounts, some protected, and some not protected.  Because you may have limited exemptions under state law, you need to review your return before you file to be sure you can keep all of your refund.

Example:

You have not received a stimulus check. You anticipate you will get it through a recovery rebate on your tax return. You have not filed your tax return yet but expect a refund of $7,000.

Of the $7,000 refund, $2,400 is recovery rebate, and you have no earned income credit, or additional tax credit as part of your refund. The $2,400 will be considered as a stimulus which is not to be administered (taken by the trustee) in bankruptcy, but the remaining $4,600 needs to be protected with available exemptions. In Ohio, each person has $1,325 in a “wild card” exemption, and we can also use the $500 “cash on hand” exemption. In a joint bankruptcy case we can protect $3,650 of the $4,600, but $950 would not be protected. The trustee would take the $950.

Other states have much larger exemptions which would cover the entire $7,000 refund, so you would not need to wait to file bankruptcy if your state’s exemptions cover your refund.

What to do?  If you can afford to wait to file your bankruptcy, then you should file your tax return, and spend it down to the maximum that you can protect with exemptions by paying your consumer debts, like housing, utilities, food, etc.
Planning to file bankruptcy and HAVE received your check. 
If you have your money already, use the steps above to see how much of your refund is already protected, without regard to any exemptions. You need to be sure you can “trace” the money in your bank account to the tax refund.

If your state exemptions do not cover the amount of your refund which is in excess of your stimulus refund or recovery rebate, plus any earned income credit or additional child tax credit, then you’ll want to spend your refund down to an amount you can protect.

If your state’s exemption laws do cover either the full amount or at least the amount in your bank account that you can attribute to the stimulus, you should be safe in filing bankruptcy with that amount in your account.

If your state’s exemptions won’t cover all the money in the bank account, it’s important to be able to trace the funds.  Some people make this easier for themselves by opening up a separate bank account to deposit the stimulus money into, so there is no question about it.
Exercise caution when spending down bank account balances
If you need to spend down some of your tax refund, exercise caution so you don’t create a problem for yourself. Generally it’s permissible to use your funds for your own consumer living expenses, but if you pay back money you might owe friends or relatives, this might be a preferential transfer, and create problems for the friend or relative you pay.  There are other mistakes to avoid as well.

### Can Bill Collectors Take your $1,400 COVID-19 Relief Check?

Your COVID-19 Stimulus check can be taken by creditors!
Here’s how to protect it!
Everyone is looking forward to the stimulus relief checks. Including creditors.

Heads up!  You need to know that your $1,400 stimulus check under the third round of direct COVID-relief payments could be taken by your creditors. And, you may get more than one check, according to a recent article at cnet personal finance posted March 13, 2021.

Although creditors cannot intercept the second stimulus check, if you’ve been sued, and the stimulus check is in your bank account, a judgment creditor can garnish it. The stimulus bill provides no protection from your creditors, and your check could be at risk.

Consumer protection groups are asking for protection, but until that comes, if it does, there are steps you can take to protect your COVID relief stimulus check.

Generally, judgment creditors can garnish money in your bank account unless the money is protected.

In Ohio, however, Attorney General, Dave Yost, warns creditors not to try to garnish the second stimulus check.  In a recent news release, 4/13/2020, Yost says that Ohio Revised Code 2329.66 (A) (12) (d) protects the second Covid stimulus checks.

Sometimes State Law provides protection greater than the Federal Law does, Yost noted. However, there exceptions to the Ohio protection. For example, the second COVID-19 stimulus checks are not protected from being taken to pay past due child support.  If you owe back child support, the CARES Act provided reduction to the first COVID stimulus payment for back child support. However, the second and third stimulus payments can't be garnished for back child support.
How to protect your second stimulus check
If your state law doesn’t protect the stimulus, or if you just want to be cautious (and you should, if any of your creditors have sued you), you might consider putting your second stimulus check, and all of your money, for that matter, into an account you don’t have your name on.  This is because a judgment creditor can only garnish an account with your name on it.



In general, if you have a judgment against you, you should not have your name on any account with your name on it, even if the money is not yours, the bank could freeze the account, and you would need to go to court to show that the money isn’t yours to prevent the creditor from taking it to pay your judgment.

The second COVID stimulus check is meant to address the pandemic emergency, substitute for lost future income, and pay living expenses.   The money was not intended to be used to pay old debts you’ve been sued on. But that won’t stop creditors from trying to take your second COVID relief stimulus check.  Know your rights if you have a judgment filed against you.

And, remember that without a judgement, creditors cannot garnish your bank account. They first have to sue, and win, and get a judgment before they can garnish any money, including the COVID stimulus money, and then only if the law of your state permits it.  In Ohio, this money is protected by state law.

### Coronavirus (COVID-19) Bankruptcy Chapter 13 Law Changes

Chapter 13 Bankruptcy Coronavirus Cases are on the Rise in Ohio
Coronavirus bankruptcy law changes are part of the new CARES act. As part of the Cares Act, there have been changes to help those in Chapter 13 who have been affected by Coronavirus.
Cares ACT
We currently have over 1,000 active chapter 13 cases, and many of our clients are experiencing financial distress as a result of the Coronavirus.  The CARES Act, which provides financial relief for many, and the recent changes in Ohio unemployment law, providing for increased eligibility and benefits, will help, but only go so far. Not enough, for many, to keep up with their plan payments.

The CARES Act provides that we can extend Chapter 13 plans for an additional year, if needed for Coronavirus bankruptcy cases! This is totally unprecedented, as is the situation we now face.

This may allow us to lower the monthly plan payment, and keep the case from being dismissed.

Also, the CARES Act provides that we do NOT have to include any monetary assistance received as a result of the virus in the calculation of the plan payment.

This may further permit plans to be modified to ensure that they can successfully complete.
How Will This Affect Someone In Ohio Filing For Bankruptcy
Since this legislation has just been enacted, we do not know how our local trustees and Judges will interpret the law changes.

My expectation is that the new provisions will be interpreted liberally in favor of our clients.

These new provisions apply to all cases, not just cases filed after the law went into effect.

### Will Trustee Take Recovery Rebate Stimulus Payment in Bankruptcy

Can the bankruptcy Trustee take the stimulus payment?		
		The trustee will not take your recovery rebate stimulus payment in bankruptcy, according to the most recent announcement from the government.You can keep your stimulus (in almost all cases)(Finally, some GOOD NEWS amidst all the problems caused by Coronavirus!)When filing for personal bankruptcy, chapter 7 or chapter 13, every dollar counts.The Federal Government Recovery Rebates under the CARES Act provides for payments of, at most, $1,200 per individual, or $2,400 for a married couple filing jointly, and an additional $500 for each qualifying child under the age of 17.Will your trustee in bankruptcy try to take this money away from you?Until yesterday, each trustee I spoke with gave me a different answer.Some said they would not touch it, as it would be contrary to the intent of the stimulus program.I agree with this.Some said they would treat it on a case by case basis.That seemed like a hopeful answer, since in nearly all cases, the need for the money would be great, but it left room for doubt and uncertainty.A few said that because the CARES Act did not protect the money, they would be required, they felt, to take it, unless it was protected by an exemption.The problem with this, in Ohio, is that the exemptions would not cover all of the money for most of my clients.As expected, we are not the only ones asking these questions.And, as a result, the United States Trustee Program has issued a statement, reproduced below, which basically says that we will be able to keep the stimulus money, with a "wiggle out" provision for trustees who think that, in an individual case, the stimulus should be considered.But, if  trustee takes this position, it appears that they will have to report that to the USTP and explain why they would take such a position.This is GOOD NEWS -Remember, this stimulus payment, although needed and welcome, will NOT, for most of us, even begin to make a dent in the bills that continue to pile up while we are out of work, working from home, seeing reduced income, drawing unemployment, and facing the serious economic damage caused by Coronavirus.(one trustee has mentioned that they were told that they "better not touch the stimulus checks!")Here's the link for the official notice:Stimulus payment in bankruptcy

### Can Debt Collectors Take Stimulus?

Can Debt Collectors Take Your Stimulus Check?
Debt collectors can take stimulus money. Stimulus money is not protected from debt collectors under the CARES Act. Here’s what you need to know to protect your stimulus from debt collectors.

The good news: The CARES Act is passed and many will receive stimulus checks.
The bad news: Debt collectors know this too, and may try to take your money.

The CARES Act will provide stimulus checks in the sum of $1,200 to adults with annual incomes up to $75,000, plus an additional $500 per child. We really need this money to help pay rent and other bills.

But, there is a danger here for many consumers, and they don’t even know it.

If you have an old judgment, creditors and debt collector attorneys may be waiting to snatch your stimulus check.
Certain debt collector attorneys for creditors may be looking for an opportunity to garnish your check as soon as it you’re your bank account.
The Problem:
Old Judgments.

Many of my clients have old court judgments against them. In many cases, these happened years ago, by default, and truthfully, my clients don’t even know it.

When this happens, they don’t realize that they are potentially subject to bank account seizure,

Including their stimulus payment.
Warning Signs:
Have you been garnished before? If so, and if the amount you owe was not fully paid, including all court costs and interest, the debt collector attorney could, at any time, file another garnishment against you, and try to get your stimulus.

Have you been sued? Ever? Unless you are absolutely sure, you need to try to check on this. This is the standard recipe for bank account garnishment. Frequently, my clients tell me that they “got some papers from the court – but nothing ever happened.”
Probably not true.
Most of the time something did happen.

A default judgment was issued. Unless you file an answer to the complaint with the court, there is no requirement that the court or creditor notify you of the judgment. Often they do, but in many cases they do not.

When this happens, your paycheck and bank accounts are vulnerable to attack.

Even if the debt, or the court judgment does not show up on your credit report, this does not mean that the debt or judgment is not there, waiting to get you.

Credit reporting is not mandatory, and credit reports are often incomplete and inaccurate.

The way to be sure is to go to the court’s website and check it our for yourself
What can you do?
If you have filed taxes and given the IRS your bank account information, the stimulus will be directly deposited into your account. You should remove the money as soon as you can.

If you have not filed taxes and will be getting a paper check, you could cash it and use the money to purchase cashier’s checks or money orders to pay bills.

You could put the money into the account of someone who has not been sued, and has no judgments (remember – if you put money into someone’s account – THEY might have a judgment and get garnished. I had a client lose thousands of dollars that way!)
Ohio Garnishment Protection
Ohio law provides protection for up to $450 from creditor garnishments. This means that the creditor can only take the amount in your account above $450. Clearly, this won’t protect anybody’s stimulus check in full. see: Ohio Protection  Also see Ohio Exemptions

Other Protection

Changing banks can help. If you have been garnished, they you know that your creditor has your bank account info, and will probably try to hit that account again.

Also, if you have ever paid the creditor by check, then the creditor has that information as well.

You could change banks, and select a smaller, local bank, one that may be less well known and therefore less of a target for your creditor to garnish.

Sometimes the creditor will “shotgun” garnish. This is where the creditor files numerous garnishment's all at once, for different banks in the area where you live, hoping that you will have money on deposit in one or more of them.

Putting money on a prepaid debit card, in an online bank, is a possible strategy.

No guarantees here. Having money in any bank account with your name on it carries some risk.

Coronavirus bankruptcy law changes are part of the new CARES act. As part of the Cares Act, there have been changes to help those in Chapter 13 who have been affected by Coronavirus.

We currently have over 1,000 active chapter 13 cases, and many of our clients are experiencing financial distress as a result of the Coronavirus.  The CARES Act, which provides financial relief for many, and the recent changes in Ohio unemployment law, providing for increased eligibility and benefits, will help, but only go so far. Not enough, for many, to keep up with their plan payments.

The CARES Act provides that we can extend chapter 13 plans for an additional year, if needed for Coronavirus bankruptcy cases! This is totally unprecedented, as is the situation we now face.

This may allow us to lower the monthly plan payment, and keep the case from being dismissed.

Also, the CARES Act provides that we do NOT have to include any monetary assistance received as a result of the virus in the calculation of the plan payment.

This may further permit plans to be modified to ensure that they can successfully complete.

CAVEAT - Since this legislation has just been enacted, we do not know how our local trustees and Judges will interpret the law changes.

My expectation is that the new provisions will be interpreted liberally in favor of our clients.

These new provisions apply to all cases, not just cases filed after the law went into effect.

### Job Loss and Filing Bankruptcy

Job loss and filing bankruptcy often go hand in hand.		
		Job loss and filing bankruptcy often go together. Filing bankruptcy after loss of job, and your ability to pay, is the best option for many, but not all. Here is how to know if you should file bankruptcy after your income is reduced.Job loss is often a prelude to filing bankruptcy. One day you are keeping up on the bills, getting by, and perhaps even saving some money. But life throws unexpected challenges at us without any advance warning.COVID-19 Job LossToday, a record number of people have lost their jobs, and now need to file bankruptcy due to coronavirus job loss. Even if your job has not been eliminated or your income reduced due to the COVID-19 pandemic, you may still be affected by it, or soon will be. You need to know your options.Job Loss is Part of Life’s ChallengesYou may never have faced any threat to your income. If so, you are fortunate.  According to the Bureau of Labor Statistics, the average American will have ten different jobs before age forty.  If you are younger, you may expect to hold 12 to 15 different jobs in your lifetime.Often, job loss, and subsequent need to file bankruptcy arise from circumstances you cannot foresee or control. Like the coronavirus. Virtually none of us ever heard of the Spanish Flu of 1918, but we have now! And, we are responding the best we can.As difficult as it is to face debts you cannot pay, through no fault of your own, you do have options. Although it is difficult to find anything good in the COVID-19 caused job losses, some creditors, including mortgage servicers and credit card companies, are extending some debt relief, if you qualify.Debt Relief Options for Job Loss to Avoid Filing BankruptcyMortgage ForbearanceIf you qualify, there is mortgage forbearance available. In an LA Times article by Andrew Khouri, April 30, 2020, 6:00 A.M., the truth emerges that this form of debt relief may create serious problems later. You’re gambling that you’ll recover your income in an amount sufficient to pay back the skipped payments.  If you’re considering mortgage forbearance, you need to consider chapter 13 bankruptcy before you make a final decision.Credit Card Debt ReliefSome credit card companies are offering debt relief as well. A number of credit card offers are contained in this article found on Credit Karma updated on April 22, 2020. And, under the CARES Act, the Fair Credit Reporting Act (FCRA) was amended to stop adverse credit reporting during the COVID-19 crisis—but only under specific circumstances. The problem will be that credit card reporting will not be changed fast enough to stop adverse reporting, and many will likely see their credit score take a hit after taking advantage The CFBP, in an article dated April 1, 2020, outlines the CARES Act provisions for credit reporting.Job Loss and Filing BankruptcyMany people will find that the COVID-19 inspired creditor assistance programs are simply not enough.  They already had no extra room in their budgets for emergencies. Most people don’t. In a recent survey reported by Newsweek, by Matthew Impelli, (3/4/2020 at  5:19 PM EST), more than half of Americans have no savings to fall back on if they get sick and can’t work.If you’re facing bills with no possible way to pay them, bankruptcy offers different forms of relief, depending on your circumstances. Depending on the kind of debt you have, the length of your income interruption and your goals, you have several options to consider.Job Loss and Chapter 7There is no minimum income requirement to file Chapter 7. In fact, too much income may disqualify you from Chapter 7 bankruptcy relief. This is not a problem for many, and an experienced Chapter 7 bankruptcy attorney will be able to explain the means test and how it may affect you.In a chapter 7 bankruptcy, most people keep their home, cars and all of their property, and pay nothing on their unsecured debts.Restoring credit after filing chapter 7 is accomplished by following a program designed to establish new lines of credit, and carefully monitoring credit reporting to ensure that incorrect information is properly disputed.Job loss and Chapter 13Chapter 13 bankruptcy is a powerful tool. It can help you catch up mortgage payments in a way that doesn’t subject you to the “catch up trap” that the CARES Act forbearance programs create.Chapter 13 can stop foreclosure, repossession and allow you to keep your home and cars, and catch up over time, up to 5 years, and still wipe out virtually all of your unsecured debts, in some cases paying on a penny on the dollar.  Just about like chapter 7!Although there is a requirement that you have regular income to fund a chapter 13 plan, the income can be from unemployment, or other sources. So, job loss does not necessarily prevent you from filing a chapter 13 bankruptcy.

### NRA Bankruptcy - National Rifle Association

National Rifle Association Bankruptcy		
		The National Rifle Association, NRA, headquartered in and being sued by the State of New York, has filed for bankruptcy protection… in Texas.The reasons for the bankruptcy filing, aside, you might wonder if this means you can file bankruptcy in some state other than where you live. Do you have the same options to file bankruptcy as the NRA?  How does this work for consumers?Where Can I File My Bankruptcy?The NRA is headquartered in New York, but is filing bankruptcy in Texas.  How can they do this? Can consumers “pick and choose” where they file?Short answer for consumers is – NO.  Consumers have to file, in most cases, where they have lived for the greater part of the 180 days before they file.  This means, if you lived in one state and then moved to a different state, you will have to wait at least 90 days in order to qualify to file in the state you moved to.  If you need to file before 90 days, you’ll have to file in the state you moved from.Businesses which operate in different locations have different rules.   The NRA, being a business, filed in Texas because they had sufficient business connections there, more than likely.  But this is an option not available to most consumers.NRA Filed Chapter 11 – What Kinds of Bankruptcy Can I File?Some, mostly larger, businesses file bankruptcy under Chapter 11, which was created specifically for the more complex needs of business reorganization.Due to the very high costs of filing Chapter 11, normally only larger businesses can afford it. However, a new kind of bankruptcy was created in February 2020 to permit smaller businesses to reorganize at a lower cost than Chapter 11.  This is the new Subchapter V bankruptcy.  NRA Is Being Sued, How Does Bankruptcy Affect the Lawsuit?Generally, filing bankruptcy will stop all collection actions, and most lawsuits.  NRA filing bankruptcy will interrupt the New York lawsuit as well, according to an article in U.S. LEGAL NEWS (January 15, 20214:15 PM).This is not unique to Chapter 11 bankruptcy.  Consumers filing for bankruptcy get the same immediate protection from their creditors too.  In fact, consumers often file bankruptcy to stop lawsuits before their creditors can get judgments against them and garnish wages, or foreclose on their homes.When a bankruptcy is filed, whether it is Chapter 11, Chapter 7 or Chapter 13, the Automatic Stay goes into effect immediately, and stops lawsuits and collection actions.  

### Bankruptcy and 2021 Stimulus Checks

Bankruptcy and 2021 Stimulus Checks – What You Need to Know
Will you lose your stimulus check to a bankruptcy trustee if you file bankruptcy now and are expecting a stimulus check? In 2020, the stimulus checks were not taken in bankruptcy. Everyone was able to keep their stimulus checks and bankruptcy trustees were told not to touch them.
Can The Bankruptcy Trustees take Stimulus Checks?
Included in the nearly 5,600-page Consolidated Appropriation Act (CCA), Pub. L. No. 116-260 (Dec. 27, 2020), are a number of new protections for consumer bankruptcy debtors.

CCA adds a new Bankruptcy Code § 541(b)(11) to the list of exclusions from property of the bankruptcy estate, and states that “recovery rebates made under section 6428 of the Internal Revenue Code of 1986” are not property of the estate.

This means that the $600 stimulus payment ($1,200 for eligible married couples with an additional amount of $600 per qualifying dependent) provided under the CCA may file bankruptcy without worry.

It appears that this will protect any future stimulus payments, provided that Congress authorizes them under this same Internal Revenue Code provision as an advanced tax refund.
2021 Stimulus Checks Should not be Taken in Bankruptcy
The last stimulus check issued to consumers under the CARES Act was explicitly declared “off limits” to trustees shortly after the checks were issued.
Consumers are getting precious little help from the government to make it through the economic devastation caused by COVID 19. Stimulus payments SHOULD be protected from creditors and trustees.

While no similar exclusion from disposable income was included in the CCA, a separate non-bankruptcy provision of the CCA amends tax law by providing that “no applicable payment shall be subject to, execution, levy, attachment, garnishment, or other legal process, or the operation of any bankruptcy or insolvency law.” This provision was intended to protect stimulus payments from collection actions.

Do creditors and courts know about this or will you need to fight creditors if they try to collect from stimulus money? I’m aware of no cases yet…. but my prediction is that consumers will have to fight for their right to keep their money.

In bankruptcy, for cases filed between December 27, 2020 and March 27, 2021, stimulus payments in the form of an advanced tax refund are fully protected. For cases filed between March 28, 2021 and December 27, 2021, stimulus payments in the form of an advanced tax refund are not considered as part of the consumer’s “bankruptcy estate” and so, can be kept by the consumer without needing to use your exemptions.
Will the $2,000 Stimulus Check be Protected if If I File for Bankruptcy?
What about the additional stimulus checks the new administration is promising? There have been discussions about the $2,000 per person stimulus checks being approved for weeks now. While it remains to be seen if these stimulus checks will materialize, I believe that, if issues, these will be protected from trustees in bankruptcy as well.
Should You Use Your Stimulus Check to Pay Bills or File for Bankruptcy?
In fact, the $2,000 stimulus checks, should they be issued, or even the $600 checks, will be used by some savvy consumers to pay for chapter 7 bankruptcy to wipe out ALL their debts. This will, for some, be the REAL RECOVERY they need.

The average chapter 7 consumer owes $20,000 or more in unsecured debt. Using any stimulus money to pay this debt will hardly make a difference, long term, for the average consumer.

But, if instead of using a stimulus check to pay debt, consumers use the money to file bankruptcy, the relief they get will be real, and lasting.

Consumers certainly need all the help they can get, and the stimulus checks, regardless of the amount, are, of course, welcome assistance. But using a stimulus check to pay debt that can be totally discharged in bankruptcy is not the best move for most consumers.

Whether we see just the $600, or Washington approves $2,000, think hard about how to put the stimulus check to it’s best use for your future. Using your 2021 stimulus check to file bankruptcy might be the best move you could make. If you would like a free, no-contact, consultation on your current financial status or to see if bankruptcy is right for you call us at (937) 748-1749 or contact us. We are here to help.

### US Bankruptcy Court Discharge of $200,000 in Student Loans

Student Loans in Bankruptcy 		
			A new ruling by a U.S. appeals court has affirmed the cancellation of a borrower’s $200,000 in private student loans.		
		Student loans have been nearly impossible to discharge in bankruptcy. But a recent court case may signal the beginning of a change for student loan borrowers. A recent Court of Appeals just affirmed the discharge of $200,000 in student loan debt, according to a recent story by Adam Minsky, Esq. As reported in Forbes on September 2, 2020, at 03:27 P.M.As a general rule, student loans are almost impossible to discharge in bankruptcy. These loans have special protections built into bankruptcy law that excepts them from being wiped out. So, student loans in bankruptcy generally are still owed after bankruptcy is over.The court case of McDaniel v. Navient may be the start of a change in this area. This court of appeals case affirmed a lower court's ruling that discharged $200,000 of private student loans. While courts have discharged student loans under the "undue hardship" standard before, this court took a different approach.		
			Discharge of Student Loans in Bankruptcy		
		Bankruptcy law provides special protection for student loans. These protections extend to both federal and private student loans. Generally, these loans survive bankruptcy and are not discharged. The borrowers still owe these debts even though most or all of their other debts are wiped out.Normally, to get a discharge of student loans, the borrower must establish that requiring them to pay these loans would represent an "undue hardship" on them. This legal standard that is not defined by the bankruptcy code. Courts have interpreted the term, and the standard varies from jurisdiction to jurisdiction. 		
			Adversary Proceeding to Discharge Student Loans		
		What's more, the borrower has to file what is called an "adversary proceeding" to ask the court in their bankruptcy case to make a finding that the student loan is discharged. These adversary proceedings are generally hard-fought by the student loan creditors.They can be long, drawn-out affairs, costing more money than most borrowers can afford.Traditionally, the court uses the Brunner test to determine if a student loan will be discharged in bankruptcy.The Brunner test requires a borrower to prove:You cannot repay the loan while maintaining a minimal standard of living for yourself and your family.The hardship condition will continue for all— or most of the anticipated student loan repayment period.You have made legitimate efforts to repay the loan for at least five years.That you have tried other options like extended payment plans, including income-based repayment plans, or other available options, without success—most of the attempts to discharge student loans in bankruptcy fail.		
			Sidestepping Undue Hardship		
		The Mcdaniel case sidestepped the undue hardship standard by finding that the loan did not even qualify as a protected student loan in the first place. The court found that this private student loan was not an obligation to repay funds received as an educational benefit within the bankruptcy code's protection. This was because they were not made solely for the cost of attendance at the borrower's school.This case may signal a change in the way courts view student loans, or it may just be an isolated situation.First, it was a private student loan, so the case might not apply to federal student loans. Further, the court here found that the loan was not used solely for the cost of attendance. So, only loans that exceed the cost of attendance might be affected. This is only one federal circuit, the 10th, affecting only Colorado, New Mexico, Oklahoma, Utah, and Wyoming. It is not binding on other circuits.Still, the case may represent one more step towards a more expansive, more inclusive interpretation of student loans discharged in bankruptcy.Source: https://www.forbes.com/sites/adamminsky/2020/09/02/court-allows-bankruptcy-discharge-of-200000-in-student-loans/#5a1e15b434fdAccessed: Friday, September 4th, 2020

### Can a Public School District Declare Bankruptcy?

When Funds Get Tight in the Classroom, Can a Public School Declare Bankruptcy?



Typically we view declaring bankruptcy as a personal or business endeavor, however, government entities such as utility boards, school districts, and even entire UC cities can declare bankruptcy if they become insolvent. The US Bankruptcy Code anticipated government-run entities running out of money by creating a special chapter, Chapter 9 bankruptcy that allows government organizations to file for debt relief against creditors. It requires a lot of money to run a school district of even modest size, but what would a school district do if it ran out of money?
Chapter 9 Bankruptcy and the Public School System
A school district can indeed declare bankruptcy, in fact, numerous schools have declared bankruptcy, shut down, and simply relocated its students to others public schools. When faced with financial hardships, school districts, and other municipalities can utilize Chapter 9 bankruptcy in order to reorganize debt. The schools are allowed a specific amount of time in order to put a new financial plan in place that will refinance debt and loans at a reduced amount. During a Chapter 9 municipal bankruptcy, some state laws allow for a government entity to elect an emergency manager to lead the organization through Ohio bankruptcy. This can be an individual or the state government itself.
How Often Does Chapter 9 Bankruptcy Occur?
Chapter 9 bankruptcies aren’t common, with only 312 or so being filed since the mid 50’s, however, the US Bankruptcy Code includes these types of bankruptcies in order to offer government organizations the same debt relief options afforded to individuals with Chapter 7 and Chapter 13 bankruptcy, as well as, business with Chapter 11 bankruptcy.
Importance of Financial Health in the Public School Systems
Having a good educational program is essential to the economy and the well-being of citizens but they come with a large price tag. Budget crises are typically followed by budget cuts, but some school systems in America have found that this too, doesn’t always balance the budget.

### Can I Keep My Savings in Chapter 7?

Can I Keep My Savings in Chapter 7?		
		The short answer is yes, but only up to a point. It is natural to want to keep your savings in Chapter 7, after all, you consider bankruptcy because there is not enough cash available. After filing Chapter 7 you want to keep as much cash available for emergencies and other personal needs. Use exemption planning to maximize your cash on hand and wildcard exemptions to keep as much savings as possible in chapter 7.Here's how.How much cash you can keep in Chapter 7 depends on exemption laws. Exemption laws vary from state to state. Although bankruptcy law is federal, and 11 USC 541 defines property of the estate to include most of what we own, with certain exceptions like qualified retirement plans, the protection of exemption laws is mostly governed by state law. See 11 usc 522.So, depending on what state you live in, or have lived in for the 730 days before you file, you will need to review your state exemption laws. This will  determine how much cash is exempt in chapter 7, and how much of your savings you can keep in chapter 7.Savings in chapter 7 is considered to be cash on hand. There is no special category or protection for your savings account. However, there is a “wildcard” exemption you can use to protect any property, regardless of what it is.  And this includes keeping your savings in chapter 7. To maximize your savings in chapter 7, use exemption planning carefully to keep as much of your wildcard unused for anything other that your savings.Unfortunately, not all states have the wildcard exemption protection. Those state which have the wildcard assign different values to it. Only a handful of states permit you to use the federal exemptions, which are better than most state exemption statutes.For example, the the federal wildcard exemption is around $13,100 if you don’t have any equity in your home, or $1,250 plus up to $11,850 of any unused amount of the homestead exemption (which adds up to $13,100).Not bad.But in Ohio, for example, the exemption statute, ORC 2329.66 has only $500 for cash on hand, and $1,325 for the wildcard. Much less generous than the Federal exemptions.Hiding Cash in Chapter 7Since the exemptions for most who file chapter are limited, and prevent you from being able to keep much money in savings in chapter 7, some are tempted to hide cash in chapter 7 cases. While the motivation is understandable, this is a huge mistake.Your bankruptcy case is a Federal Court proceeding. Your petition is signed under penalty of perjury.  You are required to disclose all property you own or have any interest in.  Obviously, this includes your cash, whether in the bank, or in a safe at home, or in any other location, for that matter.In your bankruptcy petition, there are a number of questions you must truthfully answer. This includes disclosure of all cash you possess, or have given to anyone. So, it’s not possible to legally circumvent the limitations on cash in chapter 7 by hiding the cash. You can't give it to someone to “hold” so that you don’t technically “possess” it.What Happens if You Get Caught Hiding Cash?Like many things in the law, the answer is, “it depends.”  It depends on the circumstances, and the conduct of the debtor when the cash is discovered by the trustee.If it appears that the cash was not being deliberately hidden, but merely overlooked, like a savings account which was dormant and simply“forgotten” without a large sum of money in it. Then amending your bankruptcy to disclose the cash may be all that’s needed. You might lose the cash, but you probably would not lose your discharge, and probably no criminal investigation would result.This has happened to a number of my clients over the years. Trustees have a lot of experience in these matters. They have a keen sense of whether someone has made an honest mistake, or if they seem to be trying to hide cash in chapter 7.If the debtor has honestly made a mistake, and “comes clean and cooperates” the problem may be solved with disclosure. In some cases, the trustee may disallow the exemption. Then, even if all or some of the cash “hidden” in the chapter 7 would have been protected, it could be lost if not disclosed as it should have been.But, the consequences of hiding cash in chapter 7 could be much worse.The Penalties if You Get Caught Hiding CashThe trustee might sue you to keep you from getting a discharge. And, the trustee can do this even after your case is over!  So even if you got a discharge, if the trustee later discovers that you were hiding cash in your chapter 7, your discharge could be revoked.When this happens, you would still lose the cash hidden in your chapter 7. Then, after your property is distributed to your creditors, you’ll still owe the balance of all your debts. Worse, they will never be dischargeable in a later bankruptcy. You’ll owe them forever, until paid.Finally the worst-case scenario. Criminal prosecution. In your bankruptcy petition there are multiple warnings that you are signing under penalty of perjury. There are possible criminal prosecution for falsification. Fines of up to $250,000 and prison. Not worth the risk.The ability to discharge debt in bankruptcy and get a fresh start is a tremendous right we have as Americans. Other countries don’t provide this kind of economic and financial relief to their citizens.Along with the privilege, there is a responsibility to cooperate and honestly disclose all of your assets. Seldom to people try to hide cash in chapter 7. But when they do, the chances are good that there will be serious consequences for them.Speak with a qualified Chapter 7 Bankruptcy Attorney for more information.

### How to Hire a Bankruptcy Attorney

The Best Way to Hire A Bankruptcy Attorney		
		Five Steps to Finding the Right Bankruptcy Attorney Near You.Being overwhelmed with debt to the point you need to seek a bankruptcy attorney's services is extremely stressful. Trying to find the right bankruptcy attorney to hire is almost as stressful as being deep in debt. Here's a practical approach to finding the right bankruptcy attorney near you.As a veteran bankruptcy attorney in Dayton, Ohio, for over 33 years, I'll help you find the right bankruptcy attorney and avoid the common mistakes I see people make in their search.Finding the right consumer bankruptcy attorney to advise you is critical to getting a full financial recovery, which is your goal. Although many people focus only on their debts, which is understandable, it is also crucial to remember that recovering your credit after the debt is managed.Important! Failure to focus on this critical fact will result in an incomplete and unsatisfactory result for you.Step One- Research Attorneys on the InternetSearching attorneys online is the first step. Many people start with "bankruptcy attorney near me" to find nearby attorneys. But, "bankruptcy attorney Dayton Ohio" for those who live in Dayton, Ohio, for example, may not be a smart choice. Most folks only file one bankruptcy in their entire lifetime.The best bankruptcy attorney for you may not be in your backyard. It's a good idea to expand your geographical search to up to an hour's drive. Because I am a well-known board-certified specialist, it is not uncommon for my clients to drive over an hour to meet with me.Internet search is essential. It's the "word of mouth" of our modern age. It's even better than word of mouth. Regularly, I have witnessed "word of mouth" referrals turn into disasters for people.Why? Because the friends, co-workers, and neighbors who make these referrals are generally not competent to judge the referral's quality. Or, the facts of these folks are not like yours, so an attorney who was a good choice for them may not be a good fit for you.Even recommendations from attorneys, you may know, might not be helpful. I have frequently consulted with clients who told me their "family attorney recommended so and so" for their bankruptcy needs. But when they went to "so and so", they were not impressed or, worse, got the impression that the attorney did not know bankruptcy law very well. So, why the referral? Probably "so and so" was a friend of the family attorney.A good indicator of the kind of reputation and results an attorney has would be to find out how many cases the attorney files. If an attorney has, year after year, developed a solid reputation for high-quality work, and many people take the time to provide good reviews, this is a reliable indication of the quality of the attorney.Numbers matter. A larger group is inherently more reliable and statistically valid. While one individual review may or may not be a true reflection of an attorney's work quality, many reviews will almost certainly be a valid indication.Step Two- Evaluate QualificationsEvery attorney will have (or should have) their qualifications on their website. Bankruptcy law is a very complex and narrow field. It is not a place for general practitioners to play. Attorneys, like doctors, can be Board Certified in either consumer or business bankruptcy. The board certification process is not easy, and, therefore, not too many attorneys are board-certified.In all of Ohio, there are only ten board-certified consumer bankruptcy lawyers. Board certification, in Ohio, gives the attorney the legal permission to advertise as a specialist. Only board-certified attorneys are permitted to use the term "specialist" in their advertising. Also, look at their BBB rating.Other attorneys who are not board certified may advertise that they "limit their practice" to consumer bankruptcy. A good indication that they are very familiar with bankruptcy law and keep up with the continually changing rules and processes.The number of years spent practicing bankruptcy law is also a good indication of competence in this practice area. Not just the number of years as an attorney, but the number of years spent practicing exclusively or mostly in the consumer bankruptcy area.Step Three-Review the Attorney's WebsiteAn attorney's website is a reflection of the attorney. Take the time to review the entire website carefully. Does it answer a lot of your questions? Does it convey the impression that the attorney has in-depth knowledge of consumer bankruptcy?Can you tell me if the attorney wrote the website? Attorneys can "buy" a pre-fab website, with "cookie-cutter" content, which may be accurate but is generic and "blah." If the attorney's website is pretty much the same as all the others, what does this tell you about the attorney's practice?Ideally, you should get a "feel" for the attorney's personality, practice, and idea about the attorney's kind of person. After all, the website is the attorney's "window to the world" to showcase why that attorney is different and best suited to help you.Step Four – Credit After BankruptcyWhat you want is a full financial recovery. Bankruptcy can deal with your debt. Bankruptcy does not, by itself, do anything to help your credit. This is often the "missing piece of the picture" in a financial recovery plan.Bankruptcy attorneys tend to focus on bankruptcy. It is understandable, as credit recovery is not part of bankruptcy or bankruptcy law. But it IS a necessary part of your financial recovery. Having a plan to help you recover your credit after bankruptcy is critical to your success. The attorney should be able to provide you with a plan, program, or a referral to help you do this.If this is missing, you would be wise to keep looking, because this is your financial future, and it requires more than just dealing with your debt.Step Five-The ConsultationOnce you have researched the attorneys in your geographical area, and narrowed the field by carefully reviewing the reviews and studying the attorney websites, it's time to select 2 or 3 and schedule a consultation. Most bankruptcy attorneys in Dayton Ohio, offer free consultations. Your evaluation will begin with the phone call and end with the follow-up after the consultation.Pay attention to how the phone is answered. Is the staff pleasant, or do they answer the phone in a way that makes you feel like they are not interested in taking your call?When you arrive at the appointment, are you in for a long wait? Look around. The condition of the waiting room and office, in general, will tell you something about how this law firm operates. Is it clean and in good repair, or can you tell it's neglected?The attorney's appearance is essential. Although not all wear ties and suits in the office, they should have a good impression. Their demeanor and attitude will give you a good sense of their level of knowledge and if they seem to be interested in you, as a person genuinely, and helping you solve your problems.Some questions to ask:If I don't need a bankruptcy, will you tell me?Will you carefully consider both chapter 7, chapter 13, and non-bankruptcy options during our visit?What about fees? How much will it cost? Are charges hourly of flat? Is the filing fee included?Do you offer payment plans?How long have you been practicing bankruptcy law?How many cases do you file in a month or last year?What services do you offer, if any, to help me rebuild my credit after bankruptcy?Who will be working on my case with you?How many bankruptcy attorneys and dedicated bankruptcy staff are employed at the office.What the answers mean, and why they are importantThe way these questions are received is as important as the answers you get. The attorney should welcome your questions, as they allow the attorney to demonstrate to you how open and transparent he or she is and convey the firm's strengths in these areas. If the attorney seems offended by the questions or doesn't have ready answers to them, this is a red flag.I know this because these are the very questions I answer for my clients, even without them asking. It is a reliable indication of an excellent attorney presentation when you get answers to all of these and any other questions that may naturally arise in your visit without you even asking them.A good attorney already knows the issues. And should have the answers. You may be nervous, or perhaps you are unsure of what to ask. An attorney who has conducted thousands of these interviews will be able to guide you through the issues you need to know about. This is the mark of a very experienced and caring attorney.ConclusionMost of my bankruptcy clients have never needed the services of an attorney before. Financial problems are sensitive, embarrassing, difficult to discuss. Most consumers have no experience with lawyers in general and bankruptcy lawyers in particular. So they are vulnerable to being misguided by well-intended referrals from people not qualified to recommend a bankruptcy lawyer.Following the steps outlined above, you will sort through the numerous attorney websites - research their qualifications. And focus on the things that matter most in selecting a bankruptcy attorney that will be most likely to help you get the full financial recovery you deserve.

### Bankruptcy After the Shutdown

How Bankruptcy Looks in Dayton, Ohio After the Largest Shutdown in US History		
		As a bankruptcy attorney in Dayton Ohio for over 30 years, I know how to help my clients overcome economic shutdown and financial pressure. Dayton has suffered numerous economic setbacks. Delco, Mead, NCR. All gone. And personal bankruptcy is often necessary to help families survive, and thrive, after economic disaster strikes.This economic shutdown is, without doubt, the worst blow Dayton and the surrounding areas has suffered to date. Thousands of families are hanging by a thread, desperate to get back to work, back to normal (whatever that may be) and start picking up the pieces.How can you recover? Businesses are going out of business. The economic shutdown has has affected us all.  There seems to be no clear recovery in sight. What are you going to do? If you’re like most people I know, your bills didn’t go away when your income tanked.Nobody I ever represented really liked the idea of filing bankruptcy. Most believe that it’s a sign of failure, like they did something wrong. In their mind, intellectually speaking, they know better.We all understand that we did not create the pandemic. We’re not responsible for this mess. But, nevertheless, when the idea of filing bankruptcy to fix the financial crisis comes to mind, it “feels” like a failure, like something “you shouldn’t need to do.” It just “feels wrong” somehow.The funny thing is – we know people who have filed bankruptcy, and we don’t think they “did something wrong.”We don’t think of them as “failures.”In fact, we would openly support them in filing bankruptcy.Somehow, though, it’s not “ok” for us.We hold ourselves to some sort “double standard” that what’s ok for them is wrong for us.The truth is that we did not cause this.And if we file bankruptcy because it’s the smart thing for us to do, we have not failed.It’s not wrong to take advantage of every possible option we have, including bankruptcy, to protect and care for our families, keep our homes, our cars, our standard of living.On contrary, it’s the responsible thing to do.In fact, we have an obligation to investigate our options and do the right thing.But, it’s hard.We are “hard-wired” to pay our bills.Above all we want to be responsible, and fair. If we make a debt we want to pay it. All of us.But when we just can’t do it, it’s really hard to accept, and harder to take action.Making it even harder for us to take action is the misunderstanding many people have about bankruptcy. Many think that they will lose property, have bad credit forever, and have to pay cash for everything as a result. The strange thing about this is that most of us know others who have filed bankruptcy and did not lose their homes or cars, and yet somehow, we still think WE will have these things happen to us if we file bankruptcy. Strange but true.I’ve spent my entire 33 year career helping families in Dayton Ohio and surrounding areas to overcome financial disaster by filing bankruptcy. Because I’m also a certified credit counselor, I also help them quickly recover their credit.The economic shutdown is hurting us all. But there are options, and many, many of us will need to file personal bankruptcy to get through it. My advice is start thinking now about your options. You need a plan. Don’t put it off. You are not responsible for this horrible problem, but each of us is responsible for taking the steps we need to take to recover. And if that means financial reorganization through filing bankruptcy, there is no shame in it. As a Dayton Ohio bankruptcy attorney, I know that economic disaster knows no boundaries, and strikes people in all walks of life.

### Coronavirus Bankruptcy

Novel Coronavirus COVID-19		
			Coronavirus Ohio Bankruptcy		
		The Coronavirus spread is wreaking havoc on our economy, our nerves and instantly changing our way of life.The financial disaster we now have is, in one way, no different than the same kind of problem I have helped people overcome for over 30 years.Serious health issues, loss of employment, financial stress, missing paychecks, are all too familiar problems to me. I’ve had all of them myself, and many at the same time.But this really IS different, because of the sheer magnitude of the situation.The record unemployment filings.The increasing number of new coronavirus cases reported every day.The growing list of business closing, either because the government is forcing them to close, like bars, restaurants, hair salons, etc, or because the lack of customers.People are scared to venture out of their homes, and now we have the "stay at home" order, which makes it impossible for many businesses to keep the doors open, even if they want to.		
			COVID-19 and Personal Bankruptcy		
		Covid19 and Personal BankruptcyNone of us have, in our lifetimes, ever faced such a national emergency.But, we will survive.And, filing consumer bankruptcy will be major part of the recovery effort.In the Dayton, Cincinnati and Columbus areas, we have seen major economic loss before, and often affecting large numbers of people, like the GM shutdown.But this is much, much more.Most of us live, if not paycheck to paycheck, without enough savings to last for 6 months.Most of us will need to borrow funds, rely on credit cards, personal loans, and any other means available to make it through this disaster.When we are threatened by creditor actions, lawsuits, garnishment, repossession and bank account levy, we have to fight back.There is protection from loss of your property and income.It’s called the bankruptcy system.		
			Bankruptcy Courts and COVID–19		
		The United States Bankruptcy Courts for the Southern District of Ohio are open, although they are not holding “in-person” hearings, they are open and cases continue to be processed. We have an update page on our website with up-to-the-minute information on Court operations. Click on www.debtfreeohio.com/updateRichard West Law Offices are open. We are still meeting with our clients, not in person, though.  We are using facetime, Skype, GoToMeeting, Facebook and telephone calls.Our clients can still drop off paper documents.We can process your entire case, from our initial telephone consultation with one of our highly experienced attorneys, though the case preparation, signing and filing, and the telephonic trustee meeting. You can actually have your entire case processed without leaving your home.Many of our trustees are conducting our mandatory 341 trustee meetings by telephone and facetime.		
			National Emergency Bailout – Stimulus from Government		
		While the government is going to provide a stimulus package, and help everyone as much as a government can, ultimately WE are responsible for taking care of ourselves, our families. The government checks will not go far enough.Some of the experts predict massive bankruptcy filings once the virus comes under control, whenever that happens.However . . .I am seeing an increase in filings now.And, I am recommending to my clients that they conserve their cash, focus on family first, prepare for tough times, and do what they have to do to survive.In other words, it might be a good idea NOT to pay ordinary credit card debt, medical bills, or other unsecured debts, until we have a better idea what the future brings.		
			Collection Actions are NOT Suspended Due to COVID–19		
		As of today, I continue to see collection lawsuits filed in Cincinnati, Dayton and Columbus Courts in many different jurisdictions.
Many creditors are not backing off.
Some collections, notably evictions and foreclosures by HUD have been temporarily halted. These are subject to Federal control.
But most of our clients have private mortgages, which continue to be filed.
Most of us have private rental agreements, not Federal.
A quick check of the court records in Montgomery County reveals that sheriff sales are now cancelled until further notice.
But the bill collectors are going full steam ahead – it’s business as usual for them.		
			Debts Will Not be Forgiven Voluntarily		
		Private debt will not be forgiven as part of Federal Stimulus – bankruptcy will be needed for many.
The debt we accumulate to private creditors will not be forgiven as part of a governmental subsidy or bailout.
The loss of income due to lack of work, massive layoffs and illness will be more than most can handle on their own.		
			Personal Bankruptcy and Coronavirus		
		Filing personal bankruptcy will become the “next phase” for many, as we recover from this pandemic.
We WILL recover.
Bankruptcy will allow us to keep our property, wipe out debt too big for us to handle, and we can rebuild our credit in less time than most people think.
I’ve been helping my client overcome the same kind of problems, individually, that many of us now, collectively, face.
Relief is available.
We’ll get through this, together.

### Credit Card Debt All Time High

Credit Card Debt Reaches Record High
This affects everyone.

According to this article, Credit Card Debt All Time High

consumer credit card debt has now reached an all-time high of $1.1 trillion.

The main thing that causes people to carry a balance on their credit cards?

Groceries!

Instead of paying cash like we used to, more and more people are charging everyday living expenses, including groceries, on their credit cards.

It’s convenient, fewer and fewer of us carry cash these days, but it comes at a cost.

Frequently, people spend more by paying for things with plastic than they would if they were paying by cash.

Also, charging living expenses results in paying additional fees like credit card interest.

Over the course of the year, it adds up.
Higher Credit Limits Mean Higher Consumer Debt
The average consumer credit card debt in 2022 stands at $7,951 per person.

What’s worse, the credit card companies keep raising your limit.

The average credit card combined limits per person are now up to $31,000.

Psychologically, not seeing the cash leave your wallet makes spending somehow less real. And, people are now more focused on being able to make their monthly payments than they are on the actual amount of debt that they owe.

This is a false sense of security.

In my bankruptcy practice, I see this every single day.




Credit Card Debt is the Number One Reason that People End Up Having to File Bankruptcy.
In southern Ohio, where I practice, the average amount of credit card debt that I see in a typical Chapter 7 cases between 20 and $30,000.

Not surprisingly, this is about the maximum amount of credit that the credit card companies give people.

It doesn’t take much, an interruption in income, job layoff, or medical problem, to cause us to get behind in our payments. This generally results in late fees and lower your credit score. When that happens, the credit card companies often lower our credit limits. Sometimes this results in a card going over limit even if you don’t spend anything.

Would you like to have a shock?

Take a look at one of your credit card statements.

Specifically, look at that box that federal law now requires the credit card companies to put on all statements. You’ll see that if you simply pay the minimum monthly payment on a typical credit card that you will be in debt for years and pay more than twice as much as you charged.


### Chapter 13 Signing Memorandum

     CHAPTER 13 -  MEMORANDUM The purpose of this memo is to bring your attention certain matters and information that are of importance to you.  If you have questions, be sure to ask us.  We are here to help.  POST-FILING ACQUIRED PROPERTY Chapter 13:    Any inheritance, property or lottery winnings you acquire during the entire length of your plan becomes part of this bankruptcy estate.  You must report this to our office immediately and will more than likely be turned over to the trustee.  Bonus income becomes part of the plan and is to be reported and paid in as well. Failure to notify/report any after acquired funds or property could result in the dismissal of your case, or if you have already received a discharge, the revoking of that discharge.  This is extremely important and you agree to comply with this requirement. TFS PAYMENTS – required for your first payment Do not set up your TFS account until at least 5 days after your case is filed.   It takes a few days to get your case information to the TFS site.  Your first payment is due no later than 30 days after your case is filed.  In Cincinnati, tfs is the preferred method of payment. In Dayton and most of the rest of Ohio, Payroll Deduction is the normal manner of making your payments.  If you have no payroll, i.e., you are retired, on disability, or if there is other good reason not to pay via payroll deduction you should discuss this with your attorney BEFORE the case is filed.   A motion to approve TFS may be required to be filed in court. CRAMING DOWN VALUE OF VEHICLE IN YOUR CHAPTER 13This is only possible if you have purchased your vehicle more than 910 days before your case is filed.  We typically will use the trade-in value from the NADA vehicle valuation guide to determine the value we have placed on your vehicle(s) that we intend to cram down.  We often get objections to valuation from creditors.  We generally will negotiate a value we can all agree on.Also, you do not receive the title to your auto until the case is over and the discharge is issued.  CHANGES DURING YOUR CHAPTER 13 PLANYou must get court permission if any of the following apply to you:Incur any new debt more than $1000Example:  Need a loan for a vehicle or financing new furnaceSell or give away any asset worth more than $1000.Example:  Giving a vehicle to your childRetain any insurance proceeds for any reasonExample:  Car repairs, home repairsHire a lawyer -Court must be aware and approve your lawyerSettle a lawsuitCourt must approve terms of your settlement BEFORE you agree.Getting a divorce Please call us if any of these issues ever apply to you.  Do not spend any money you may have received before discussing it with our office. You must keep our office updated on the following as we do not know unless you tell us:Income tax refund amountsChanges in your employerSignificant changes in income, whether an increase or a decrease   DISCHARGED DEBT IS NOT TAXABLE Any debt discharged through a bankruptcy proceeding is NOT taxable.  Many creditors will still send out 1099 forms even though you have discharged their debt in a bankruptcy.  You need to file a form 982 to alert the irs to the discharged debt.  We are not tax preparation advisors, so you’ll need to consult whoever assists you with taxes or do this yourself. If you don’t, the IRS may audit your return and assess tax based on 1099c income.  If you are paying taxes in ch 13 you WILL receive a bill for the interest which accrues on the taxes during the plan. So even when you pay your taxes in the plan, you will get a  bill after the plan is over for the interest which accrued during the plan.. CO-SIGNED DEBTSWhen you have a co-debtor or someone who is co-signed on a debt you have, they are not protected or receive any discharge from your case for the debt.  If you file Chapter 13, a co-debtor stay automatically goes into effect prohibiting creditors from collecting consumer debt from co-debtors.  In order to maintain this protection, your Chapter 13 plan must provide for payment of the entire debt and interest.  If you file a chapter 13 that provides for less than 100% payment to the unsecured creditors – most plans do NOT pay 100% to these creditors, then the creditor can obtain relief from the stay and pursue the co-debtor  Domestic Support Obligations(Child Support and Alimony) In order to receive your discharge, you MUST be current on your Domestic Support Obligation.  That means that if you have any arrearage, you must be making your current payment, as well as some type of additional payment that includes this arrearage.  If you are not current on this type of an arrangement, YOU WILL NOT RECEIVE A DISCHARGE.  If you have any questions about the dischargability of any of these obligations, discuss this with the attorney before your case is filed. NOTE:  Pursuant to Bankruptcy Rules, the obligee of your Domestic Support Obligation WILL RECEIVE NOTICE OF YOUR FILING.  The Trustee is required to send out a notice to this person(s) and unfortunately, this is required by Federal Law.  We are notifying you about this now in the event this causes you concern.   By retaining the firm, you acknowledge that you understand the limitations on the discharge of marital debts and obligations, and have had an opportunity to discuss the matter with the attorney and you are electing to proceed with a chapter 7 filing. payments for MORTGAGE ON YOUR hoME  If you currently have your house payments automatically deducted from your bank account, this may STOP after the filing of your bankruptcy even if you will be making the payment yourself throughout the course of your Chapter 13 plan.  Creditors are typically very concerned about violating the automatic stay that goes into place once your case is filed, and for that reason, may stop automatically deducting your regular, monthly payments.  You are advised that when your house payment is coming due after your case filed, you must monitor your account to see if the payment comes out.  If it does not come out automatically, you MUST STILL MAKE THE PAYMENT.  While you are in the bankruptcy, you may need to continue to make the regular payment via mail, or bringing the check directly to your bank, as you must remain current on these mortgage payments.  After your bankruptcy is completed, most banks will allow you to sign up for the automatic deductions again.  You must be current by contract and not pay in the grace period in order to qualify for having your mortgage paid outside the plan and in some courts in Ohio this is not an option. IMPORTANT – FAILURE TO MAKE YOUR HOUSE PAYMENT CAN RESULT IN DISMISSAL OF YOUR CASE!  The requirement that you make your house payment – even if it is not made through the chapter 13 plan, is still part of the Court Order for your Chapter 13, and failure to make the payment, on time, each month, can result in dismissal of your case. If you are going to be late or miss a house payment, you must contact our office immediately. This is also true for making payments online, which some banks may also stop during the pendency of your bankruptcy case.  Again, this may resume upon the completion of your case.  Student Loan Debts Your bankruptcy schedules must list all education or student loans.You are advised that the bankruptcy does not discharge student loans or educational loans. While in bankruptcy the creditor is not permitted to attempt to collect the debt, but the debt will not be discharged, and interest will continue to accrue. While you are in your chapter 13, you are not permitted to make payments to the creditor directly.  The payments must be made through the trustee’s office, as part of your plan.  Whatever portion of the debt that is not paid in the chapter 13 will not be discharged and you will be required to pay it after the bankruptcy is over.  HOMEOWNERS & CONDOMINUM FEES In the event you are surrendering a property subject to condominium or homeowner association fees,  you are advised that only those fees arising before you file your petition may be discharged.  If you continue to live, or have the right to continue to live, in the condominium, any new fees incurred during that time are your responsibility and are not discharged. Basically, you are still responsible so long as you legally own the property. For example, if you are permitting your condo to be surrendered to the bank and allow a foreclosure, then you will be responsible for all condo fees until you no longer have a right to live in the condo.  This could be months, as foreclosure sales often do take months.  You will continue to be responsible for and can be sued for, fees that arise after your bankruptcy.   By retaining the firm and signing our retaining agreement, you also agree to review this memorandum, and ask any questions you may have before your case is filed.  

### chapter 7 signing memorandum

CHAPTER 7 - SIGNING MEMORANDUM  The purpose of this memo is to bring your attention certain
matters and information that are of importance to you.  If you have questions, be sure to ask
us.  We are here to help.   POST-FILING ACQUIRED PROPERTY Chapter
7:      Any inheritance, property or lottery winnings you acquire during the 6
months after we filed your case becomes part of this bankruptcy estate.  The trustee will require the funds to be
turned over immediately.   Failure to notify/report any after acquired funds or
property could result in the dismissal of your case, or if you have already
received a discharge, the revoking of that discharge.  This is extremely important and you agree to
comply with this requirement.  DISCHARGED DEBT IS NOT TAXABLE Any debt discharged through a bankruptcy proceeding is NOT
taxable.  Many creditors will still send
out 1099 forms even though you have discharged their debt in a bankruptcy.  You need to file a form 982 to alert the irs
to the discharged debt.  We are not tax
preparation advisors, so you’ll need to consult whoever assists you with taxes
or do this yourself. If you don’t, the IRS may audit your return and assess tax
based on 1099c income.   REAFFIRMATIONS If you are reaffirming a debt, you must be current on the
payments.  You will probably not continue to
get statements from the creditor, so if you normally get these in the
mail, you should write down the payment information, address, amount, account
number, due date, etc., so that you will be able to continue to send statements
in. If the creditor has set up an automatic pay deduction from your bank
account, this will probably stop.  So,
make sure you check your bank account to see if the creditor is still deducting
payments.  If they are not, then it is
your responsibility to send the payment in yourself.   If you fail to pay on time you may lose the property.  The creditor will prepare the reaffirmation
documents and send them to our office, and we will then complete them and send
them to you.  You must immediately sign
and return the documents to us.  If you
don’t we may not be able to return them to the creditor in time to allow the
creditor to file them in time and your reaffirmation will not be
effective.  We do not file these
documents.  If you do not reaffirm in a
timely manner, this does not mean that you will lose the property.  If you continue to pay on time, in most cases
the creditor will continue to take the payments and you will keep the
property.  Most mortgage companies do not
send reaffirmation agreements.  When this
happens, the debt is actually discharged, and if the property is later
foreclosed on, you will not owe any money at all.  The mortgage companies will usually not
continue to report your payments to credit bureaus, however, so if you have any
concern about this you need to discuss it with the attorney in time to file a
reaffirmation agreement if you desire to do so. We generally do not recommend
that you sign any reaffirmation agreement unless it is absolutely required by
the creditor.  If a reaffirmation
agreement is not timely filed, there is no way to “go back” and file it later.  Certain creditors refuse to
prepare reaffirmation agreements and expect you to prepare the agreement on
their behalf.  In the event one of your creditors takes this position, we
will notify you and you will be given two options.  1) You can hire our
law firm to prepare the reaffirmation agreement on behalf of the
creditor.  This will be an additional legal fee of $400.  2) You can
not reaffirm the debt and continue to make payments to the creditor.  The
creditor may permit you retain the collateral, but your payments will not be
reported to the credit bureaus and you may not receive billing statements.  Ford Motor Credit will repossess your car
even if current, unless you sign a reaffirmation agreement.  CO-SIGNED DEBTSYou have
listed someone in your bankruptcy petition as a co-debtor or someone who is
co-signed on a debt you have.  In Chapter
7, you will receive a discharge on this debt unless you reaffirm the debt
(agree to be liable on it).  The
co-signer will not be protected.We are
giving you this memo, and placing a copy of it in your file, to record the fact
that you have been advised of the co-debtor issue, what the effect of your
filing will be on the co-debtor, and to provide you with yet another
opportunity to discuss this matter with your attorney and be sure you
understand exactly what the legal effect of your filing may be on the
co-debtor.  We don’t
represent the creditors, and while we have a great deal of experience and can
tell you what creditors will generally do in a particular situation, you must
realize that we are not in a position to guarantee what a particular creditor
will or will not do in your case.  I acknowledge a copy of this memo and understand that my
filing will not protect co-debtors except as indicated above.     Domestic Support Obligations (Child Support and Alimony) In order to receive your discharge, you MUST be current on
your Domestic Support Obligation.  That
means that if you have any arrearage, you must be making your current payment,
as well as some type of additional payment that includes this arrearage.  If you are not current on this type of an
arrangement, YOU WILL NOT RECEIVE A DISCHARGE. 
 If you owe child support, spousal support (alimony), or if
you have been ordered to pay any debts or deliver any property to an ex-spouse,
that obligation is NOT discharged in your chapter 7 bankruptcy case.   If you have any questions about the dischargability of any
of these obligations, discuss this with the attorney before your case is filed. NOTE:  Pursuant to Bankruptcy Rules, the obligee of
your Domestic Support Obligation WILL RECEIVE NOTICE OF YOUR FILING.  The Trustee is required to send out a notice
to this person(s) and unfortunately, this is unavoidable.  We are notifying you about this now in the
event this causes you concern.   By signing below, you acknowledge that you understand the
limitations on the discharge of marital debts and obligations, and have had an
opportunity to discuss the matter with the attorney and you are electing to
proceed with a chapter 7 filing. ACH (auto deduct) payments
for house and vehicles If you currently have your house and/or car payments
automatically deducted from your bank account, this may STOP after the filing
of your bankruptcy.  Creditors are
typically very concerned about violating the automatic stay that goes into
place once your case is filed, and for that reason, may stop automatically
deducting your regular, monthly payments. 
 You are advised that when your house and/or car payment is
coming due after your case filed, you must monitor your account to see if the
payment comes out.  If it does not come
out automatically, you MUST STILL MAKE THE PAYMENT.  While you are in the bankruptcy, you may need
to continue to make the regular payment via mail, or bringing the check
directly to your bank, as you must remain current on these debts for which you
are reaffirming.  After your bankruptcy
is completed, most banks will allow you to sign up for the automatic deductions
again.   This is also true for making payments online, which some
banks may also stop during the pendency of your bankruptcy case.  Again, this may resume upon the completion of
your case. By signing below, you understand this potential issue and
will continue to make your regular house and/or car payments if you are
reaffirming (keeping) these debts, even if they are not automatically deducted
or you are unable to pay them online.   Student Loan Debts Your bankruptcy schedules list an education or student loan. You are advised that the bankruptcy does not discharge
student loans. While in bankruptcy the creditor is not permitted to attempt
to collect the debt, but the debt will not be discharged, and interest will
continue to accrue. If your case is a chapter 7, you may wish to continue to
make payments on the debt, although while your bankruptcy is open the creditor
cannot request or force you to make payments. Fortunately, for most, the discharge of the other debt makes
the payment of the non-discharged student loan possible and you should be able
to resolve it more easily after all the other debt is paid or discharged. TAXES NOT BEING DISCHARGED In chapter 7, most taxes are not discharged.  You have listed taxes on your bankruptcy that
will not be discharged.  The government,
Federal, State and Local, may not attempt to collect your taxes while you are
in an open bankruptcy, but your case will normally be closed in about 5 months
from the time it is filed.  After that,
you can expect that the tax authorities will try to collect the taxes.  You should contact the appropriate office to
discuss a payment plan with them. If, after discharging debt in a bankruptcy, you still cannot
pay the taxes you owe, you might seek to be placed in an uncollectible status,
file an offer in compromise, or make some other arrangements.  These are not part of the representation our
office provides to you.  You will need to
handle the matter yourself or have some other professional attempt to assist
you.  We don’t offer tax services.  Income taxes that are older than three years (from the due
date, including any extensions) may be discharged in a chapter 7 if certain
conditions are met.  Note that any tax
liens that may have been filed will survive the bankruptcy, and remain attached
to property even if your personal liability to pay the tax is discharged in the
bankruptcy.  You have already discussed
this with the attorney if you are being given this memo, but do feel free to
ask any additional questions that you may have. 
We do not guarantee that the taxing authorities will automatically take
the proper steps to reflect your discharge of the taxes.  In the event that you do have taxes that
should be discharged in your case and you require additional bankruptcy related
assistance with tax issues after your case is over, you will be required to
retain us for that matter, subject to a new fee agreement.                  HOMEOWNERS & CONDOMINUM FEES If you are seeking to discharge condominium fees, you are
advised that only those fees arising before you file your petition
may be discharged.  If you continue to
live, or have the right to continue to live, in the condominium, any new fees
incurred during that time are your responsibility and are not discharged.  For example, if you are permitting your condo to be
surrendered to the bank and allow a foreclosure, then you will be responsible
for all condo fees until you no longer have a right to live in the condo.  This could be months, as foreclosure sales
often do take months.  You will continue
to be responsible for and can be sued for, fees that arise after your
bankruptcy. The purpose of this memo is to alert you to your
responsibility with respect to the house, so that you don’t end up with
problems later. If you have any questions about
this, speak to your attorney          HSA ACCOUNTS ARE NOT
PROTECTED If you have money in an HSA account, you should know that
some trustees will require that it be turned over to the Court.  There is NO legal protection for these
accounts. Some trustees do not take them but you have the legal obligation to
turn the account funs over if requested to do so. By retaining the firm and signing our retaining
agreement, you also agree to review this memorandum, and ask any questions you
may have before your case is filed.
 

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### Frequently Asked Questions Regarding Bankruptcy in Columbus

Columbus Bankruptcy FAQs 				
		If you're struggling with debt in Columbus, Ohio, bankruptcy might be an option to consider. If you have questions about potentially filing for bankruptcy, we have answers.  		
												What Types of Bankruptcy Are Available in Columbus, Ohio?
					In Columbus, Ohio, individuals and businesses have several bankruptcy options. The most common types are:Chapter 7 Bankruptcy: Known as “liquidation” bankruptcy, this option allows individuals to discharge most unsecured debts, such as credit card balances and medical bills. In exchange, non-exempt assets may be sold to repay creditors. Chapter 7 is ideal for those with limited income and few assets.Chapter 13 Bankruptcy: This is a “reorganization” bankruptcy where individuals with a steady income can create a 3- to 5-year repayment plan to pay off part or all of their debts. It allows you to keep your property while making monthly payments based on your income and expenses. The Chapter 13 bankruptcy process is often used by those who are behind on mortgage payments or who have valuable assets they want to protect.Chapter 11 Bankruptcy: This type is mostly used by businesses but can also apply to individuals with large amounts of debt. It involves reorganizing debt and continuing operations while repaying creditors over time. Chapter 11 is complex and typically involves restructuring business debt.Chapter 12 Bankruptcy: Specifically designed for family farmers and fishermen, Chapter 12 allows for a more tailored repayment plan and a faster process than Chapter 11. It’s a rare option but beneficial for those in the agriculture or fishing industries facing overwhelming debt.
												How Do I Know if a Columbus Bankruptcy is Right for Me?
					Filing for bankruptcy is not the right solution for everyone. Consider the following factors to determine if it’s right for you:Amount and Type of Debt: If your unsecured debt (e.g., credit cards, medical bills) has become unmanageable and you can’t afford to pay it off in a reasonable amount of time, bankruptcy may help. However, if most of your debt is from non-dischargeable sources like student loans, child support, or taxes, bankruptcy might not offer the relief you’re hoping for.Income and Assets: If you have a steady income but can’t keep up with debt payments, Chapter 13 might be a better option to create a manageable repayment plan. If you have little to no income, Chapter 7 could be more appropriate to discharge your debts.Alternatives to Bankruptcy: Before filing for bankruptcy, consider alternatives such as debt consolidation, negotiation with creditors, credit counseling, or debt settlement. These options might help reduce debt without the lasting impact of bankruptcy on your credit score.Consulting a Bankruptcy Attorney: A bankruptcy lawyer in Columbus can help assess your financial situation and advise on whether bankruptcy is the best course of action. They will evaluate your debts, income, and assets to determine eligibility and recommend the most suitable bankruptcy chapter.
												Do I Have to Include All of My Debts in My Columbus Bankruptcy Filing, or Can I Leave Some of Them Out?
					When you file for bankruptcy in Columbus, you are required to list all of your debts. The court expects full disclosure of all your financial obligations. However, not all debts are treated the same way in bankruptcy:Dischargeable Debts: These are debts that can be eliminated through bankruptcy, such as credit card debt, medical bills, and many loans.Non-Dischargeable Debts: Some debts cannot be eliminated through bankruptcy, including child support, alimony, most student loans, certain taxes, and debts arising from fraud or criminal activity.While you must list all debts, you cannot choose which ones to include in the bankruptcy filing. However, you can decide whether to continue paying some secured debts (like your mortgage or car loan) if you want to keep the property associated with those debts, particularly under Chapter 13.
												What Property Can I Keep If I File for Bankruptcy in Columbus, and What Might be Sold?
					When you file for bankruptcy in Columbus, certain assets may be exempt from being sold to pay off creditors, depending on the type of bankruptcy and Ohio’s exemption laws. Here’s what you might be able to keep: [1]Exempt Property: Ohio provides exemptions to protect certain property. For example:Homestead Exemption: Protects up to $161,375 of equity in your primary residence (as of 2024).Vehicle Exemption: Protects up to $4,450 in equity for your car.Personal Property: Exemptions also cover household goods, clothing, and personal effects, up to certain limits.Retirement Accounts: 401(k)s, pensions, and other retirement funds are generally protected in bankruptcy.Non-Exempt Property: In Chapter 7, non-exempt assets (like second homes, valuable collectibles, or a high-value vehicle) may be sold by the bankruptcy trustee to repay creditors. However, most people who file for Chapter 7 in Columbus do not have enough non-exempt assets for the trustee to sell.In Chapter 13, you can keep most property because you repay creditors through an affordable payment plan over 3 to 5 years, but the total value of your assets might affect your repayment plan.
		If you are experiencing financial difficulties and have any questions about filing for bankruptcy in Columbus, contact Richard West at 937-748-1749.		
					Source:				
		[1] https://www.nolo.com/legal-encyclopedia/ohio-bankruptcy-exemptions.html

### Bankruptcy Signing Memo (mandatory you read this)

SIGNING MEMORANDUM The purpose of this memo is to bring your attention certain matters and information that are of importance to you.  If you have questions, be sure to ask us.  We are here to help. POST-FILING ACQUIRED PROPERTy Chapter 7 and 13:   Any inheritance, property or lottery winnings you acquire during the entire length of your plan becomes part of this bankruptcy estate. You must report this to our office immediately and will more than likely be turned over to the trustee.  For ch 7 this ends 180 days after filing.Failure to notify/report any after acquired funds or property could result in the dismissal of your case, or if you have already received a discharge, the revoking of that discharge.  This is extremely important and you agree to comply with this requirement.DISCHARGED DEBT IS NOT TAXABLEAny debt discharged through a bankruptcy proceeding is NOT taxable.  Many creditors will still send out 1099 forms even though you have discharged their debt in a bankruptcy.  You are not required to report this on your tax return.SPECIAL NOTICE ABOUT UTILITIESWe have started to notice that the utility companies are “zeroing out” accounts upon the filing of a bankruptcy; regardless of whether or not the person(s) were behind on their bill.  In other words, if you had your normal bill coming due a week after we file your case, they may just act as if you included in the bankruptcy and put you to a zero balance.We do not know if this will happen or not until after the case has been filed.  Due to this inability to predict if it will happen, we feel it is necessary to notify you that it is a possibility.  Should they choose to close your account and begin billing you anew, they are allowed to charge you a set up fee, or a reconnection fee.  They are only allowed to bill you from the date of filing going forward.  We have typically been seeing this with electric, heat and cable companies. Again, if you have any questions about this, please feel free to ask.CO-SIGNED DEBTSYou have listed someone in your bankruptcy petition as a co-debtor or someone who is co-signed on a debt you have.  In Chapter 7, you will receive a discharge on this debt unless you reaffirm the debt (agree to be liable on it).  The co-signer will not be protected.If you file Chapter 13, a co-debtor stay automatically goes into effect prohibiting creditors from collecting consumer debt from co-debtors.  In order to maintain this protection, your Chapter 13 plan must provide for payment of the entire debt and interest.  If you file a chapter 13 that provides for less than 100% payment to the unsecured creditors – most plans do NOT pay 100% to these creditors, then the creditor can obtain relief from the stay and pursue the co-debtor.  The co-debtor is not protected.  Tax interest will accrue on the non-filing co-debtor and will be owed by that person after your case is over.We are giving you this memo, and placing a copy of it in your file, to record the fact that you have been advised of the co-debtor issue, what the effect of your filing will be on the co-debtor, and to provide you with yet another opportunity to discuss this matter with your attorney and be sure you understand exactly what the legal effect of your filing may be on the co-debtor.We don’t represent the creditors, and while we have a great deal of experience and can tell you what creditors will generally do in a particular situation, you must realize that we are not in a position to guarantee what a particular creditor will or will not do in your case.I acknowledge a copy of this memo and understand that my filing will not protect co-debtors except as indicated above.CROSS-COLLATERAL ISSUEYou have listed multiple debts that are all owed to one credit union.  Sometimes credit unions “bundle” all of your accounts together, in what is called cross-collateralization.  This simply means that you cannot discharge one debt in a chapter 7 bankruptcy, and only pay another.Generally, if you want to keep anything associated with this credit union, than you must agree to keep ALL the debts associated with this credit union.  The only way to avoid this from happening is to either file a Chapter 13 which destroys this relationship, or surrender everything associated with this credit union.Domestic Support Obligations (Child Support and Alimony) In order to receive your discharge, you MUST be current on your Domestic Support Obligation.  That means that if you have any arrearage, you must be making your current payment, as well as some type of additional payment that includes this arrearage.  If you are not current on this type of an arrangement, YOU WILL NOT RECEIVE A DISCHARGE.If you owe child support, spousal support (alimony), or if you have been ordered to pay any debts or deliver any property to an ex-spouse, that obligation is NOT discharged in your chapter 7 bankruptcy case.If you have any questions about the dischargability of any of these obligations, discuss this with the attorney before your case is filed.By signing below, you acknowledge that you understand the limitations on the discharge of marital debts and obligations, and have had an opportunity to discuss the matter with the attorney and you are electing to proceed with a chapter 7 filingGarnishments Garnishments, like other attempts to collect debts, are subject to the Automatic Stay that arises when your case is actually filed with the court.  However, if you have a Garnishment that has been started already, it will take some time before the Garnishment will stop.Our office will contact the attorney for the creditor that is causing your paycheck to be garnished.  That attorney's office must then draft a notice to the court that is issuing the garnishment telling that court to stop the garnishment.  Once this notice is drafted by the Creditor's attorney and transmitted to the court, the court clerk will present the same to the judge.  The judge of that court will then sign the order directing your employer to stop the garnishment.  The court then transmits this notice to your employer's payroll department.  The Payroll Department is then free to stop taking the money out of your check.Until your payroll department receives notice from the court to stop taking the money out of your check, your payroll department is under a Court Order to continue to remove the money each and every time you are paid and send the money to the court.Of course, money taken from you after the case is filed will ultimately be returned to you, or, in some cases, the creditor will insist on sending the money to your bankruptcy trustee.  In either event you will receive the money at some point in time.  Frequently, this entire process takes up to two weeks.Please note that all of this activity takes place between the Creditor's attorney, the court, and your employer.  Your bankruptcy attorney's office is not involved in this activity.  We have no ability, after we notify the Creditor, to speed up or become involved in the garnishment process.  Although we do everything in our power to make sure that the notice of your bankruptcy filing is promptly communicated to the creditor’s attorney, it sometimes happens that your check will be garnished one or two times the after the filing of your case.  If you are garnished more than twice after your case is filed please contact our office immediately.  We have no way of knowing that you are being garnished unless you tell us.If you have any questions with respect to this matter please contact us.  Remember, however, that we are unable to stop the garnishment – this must be done by the creditor’s attorney and the court issuing the garnishment to your employer.Non-Exempt PropertyYour petition indicates that the value placed on your property exceeds the amount protected by Ohio Exemption Law.  This means that the trustee will have the right to exercise an interest in the property, and you have the ability to negotiate with the trustee to deal with this issue, should the trustee elect to pursue the non-exempt equity. For example, there is a $4450.00 equity interest in one vehicle.  If you owned a vehicle worth $4450.00, with nothing owed on it, it is fully protected. If, on the other hand, the car was worth $5,000.00, with nothing owed on the car, there would be $550.00 non-exempt equity in the car ($5,000 less the $4450 exemption).  Thus the trustee would have an interest in the car to the extent of $550. In the latter example, you could pay the trustee $1775 for the non-exempt equity, or the trustee, could just take the car and sell it, and give you $3225 (your exemption amount) and the other $1775 would be paid to your creditors. Just because there is non-exempt equity in property does not mean that the trustee has to administer the asset, or go after the property.  The trustee will make this decision on a case by case basis. We don’t know in advance what the trustee will do, but we do know in advance if there appears to be non-exempt equity in the property. This memo, which you are signing, is our record that we discussed this matter with you, and you have elected to pursue a chapter 7 filing and not a chapter 13, despite the possibility that the trustee may go after the property to sell it for the benefit of your creditors.  By signing below, you acknowledge that you have been advised of the non-exempt equity issue. You are making an informed decision to file a chapter 7 instead of filing a chapter 13.  You further acknowledge that you have had an opportunity to fully discuss this with an attorney from the firm.Student Loan DebtsIf your bankruptcy schedules list an education or student loan.You are advised that the bankruptcy does not discharge student loans.While in bankruptcy the creditor is not permitted to attempt to collect the debt, but the debt will not be discharged, and interest will continue to accrue.If your case is a chapter 7, you may wish to continue to make payments on the debt, although while your bankruptcy is open the creditor cannot request or force you to make payments.If you are in a chapter 13, you are not permitted to make payments to the creditor directly.  The payments must be made through the trustee’s office, as part of your plan.  Whatever portion of the debt that is not paid in the chapter 13 will not be discharged and you will be required to pay it after the bankruptcy is over.  Fortunately, for most, the discharge of the other debt makes the payment of the non-discharged student loan possible and you should be able to resolve it more easily after all the other debt is paid or discharged.TAXES NOT BEING DISCHARGEDIn chapter 7, most taxes are not discharged.  You have listed taxes on your bankruptcy that will not be discharged.  The government, Federal, State and Local, may not attempt to collect your taxes while you are in an open bankruptcy, but your case will normally be closed in about 5 months from the time it is filed.  After that, you can expect that the tax authorities will try to collect the taxes.  You should contact the appropriate office to discuss a payment plan with them.If, after discharging debt in a bankruptcy, you still cannot pay the taxes you owe, you might seek to be placed in an uncollectible status, file an offer in compromise, or make some other arrangements.  These are not part of the representation our office provides to you.  You will need to handle the matter yourself or have some other professional attempt to assist you.  We don’t offer tax services.Income taxes that are older than three years (from the due date, including any extensions) may be discharged in a chapter 7 if certain conditions are met.  Note that any tax liens that may have been filed will survive the bankruptcy, and remain attached to property even if your personal liability to pay the tax is discharged in the bankruptcy.  You have already discussed this with the attorney if you are being given this memo, but do feel free to ask any additional questions that you may have.  We do not guarantee that the taxing authorities will automatically take the proper steps to reflect your discharge of the taxes.  In the event that you do have taxes that should be discharged in your case and you require additional bankruptcy related assistance with tax issues after your case is over, you will be required to retain us for that matter, subject to a new fee agreement.LIENT NOTICE FOR SURRENDERING VEHICLEYour bankruptcy provides for you to surrender a vehicle. After your bankruptcy is filed, the creditor should obtain permission to repossess the car you intend to surrender.  This is called Relief from the Automatic Stay.  You will get court documents for this.  You do not need to respond to these court documents.  Occasionally, creditors repossess cars without permission, so we STRONGLY recommend that you remove all personal belongings from the vehicle immediately.  Anything that you may want from the vehicle should not be in it after today.  Trying to get back into the vehicle once it has been repossessed can be difficult, and usually the cars get “cleaned out” by the repo man.  If the creditor is following the proper procedure, they will typically not come to take the vehicle until 2 – 3 weeks after your hearing.  Most companies will call to schedule a time to pick it up. In the event that the creditor does not pick up the vehicle, (which can happen for numerous reasons) you may continue to drive it – understand, however, that the vehicle may be repossessed at any time.  You sometimes want to junk it, but since you don’t have clear title, this is difficult or impossible to do.  Creditors will not generally give you the title unless they are ordered to do so.If you do need to obtain a title to a car that the creditor refuses to repossess, our office can file a request with the Court to order the creditor to release the lien, or, in the alternative, that the title office provide you with a title to permit you to dispose of the vehicle.  Should you need us to do this for you, there is a minimum fee of $350 to get this done (assumes that the creditor does not contest the request, which, if they did not pick up the vehicle, the creditor is unlikely to do).If you have any questions about this, speak to your attorney. HOMEOWNERS & CONDOMINUM FEESIf you are seeking to discharge condominium fees, you are advised that only those fees arising before you file your petition may be discharged.  If you continue to live, or have the right to continue to live, in the condominium, any new fees incurred during that time are your responsibility and are not discharged.For example, if you are permitting your condo to be surrendered to the bank and allow a foreclosure, then you will be responsible for all condo fees until you no longer have a right to live in the condo.  This could be months, as foreclosure sales often do take months.  You will continue to be responsible for and can be sued for, fees that arise after your bankruptcy.The purpose of this memo is to alert you to your responsibility with respect to the house, so that you don’t end up with problems later.If you have any questions about this, speak to your attorneySPECIAL NOTICE REGARDING HOMEOWNERS AND CONDO ASSOCIATION FEES NOT DISCHARGED IN BANKRUPTCYIf you surrender Real Estate subject to condo fees or home owner association fees, you are responsible for the fees that apply from date bankruptcy is filed to the date of the Sheriff’s Sale plus 10 days thereafter. If the property is not sold at the Sheriff’s sale, you continue to be responsible for the fees that accrue until the property is sold to someone else and it is no longer in your name.If you are surrendering Real Estate and this applies to you please ask your attorney if you have any questions regarding this debt that is not discharged in your bankruptcy.You can be sued for these fees if you don’t pay them because they are not discharged in your bankruptcy case.What if I’m surrendering property and it doesn’t sell or the bank does not foreclose? This is a serious problem and bankruptcy does not solve it! You will continue to own the property and be responsible for it.If this happens, you should discuss the situation with you attorney.CRAMING DOWN VALUE OF VEHICLE IN YOUR CHAPTER 13Due to your purchasing of a vehicle(s), your Chapter 13 plan proposes that we pay the creditor only what this vehicle(s) is worth at the time we file your case.  Due to the fact that you owe more on the loan than what the vehicle is worth, the term we use in this scenario is that we are “cramming down” the vehicle.We typically will use the trade-in value from the NADA vehicle valuation guide to determine the value we have placed on your vehicle(s) that we intend to cram down. After your bankruptcy is filed, the creditor will generally not agree on the value we have placed on this vehicle(s).  The creditor has the right to object to the value of the car, which they generally will do in an “Objection to Confirmation of the Plan”.  Some creditors may not object right away and will show up at your hearing to request and schedule an appraisal be done of the vehicle: at their cost. These disagreements are resolved by coming to an agreement with the creditor on the value of the vehicle and generally do not require any further appearances in court. We provide this notice to make you fully aware of an issue that may arise in your case. If you have any questions about this, speak to your attorney.  CHANGES DURING CHAPTER 13 PLAN You must get court permission if any of the following apply to you:Incur any new debt more than $1,000.Example: want a loan for a vehicle.Sell or give away any asset worth more than $1,000.Example: want to give a vehicle to your child.Retain a bonus from work.Example: want to keep a Christmas bonus.Retain any insurance proceeds for any reason.Example: car repairs, home repairsRetain funds from an inheritance.Hire a lawyerThe Court must approve your lawyer.Settle a lawsuitThe Court must approve the terms of the settlement before you agree.Want to get a divorce Please call us if any of these issues every apply to you.  Do not spend any money before talking to our office. You must keep our office updated of the following:Income tax refund amounts.Changes in your employerLarge changes in your income.   ADDITIONAL DOCUMENTS MAY BE REQUIRED Sometimes the trustee assigned to your case requires documents in addition to the ones you have already provided.  Different trustees require additional documentation, especially the chapter 7 trustees, but even the chapter 13 trustees may require additional documents.  We have no way of knowing in advance whether or not this will be necessary in your case. We want you to understand this so you will not be surprised if we later request additional documents or information.   SURRENDERING YOUR HOME If you intend to surrender your home, please read this information carefully.  Please understand that there is no legal mechanism to simply give your home back to the mortgage company.  The mortgage company must foreclose.  This document will explain your rights and responsibilities during the foreclosure process. This document answers 90% of the questions people often have.  Please read this prior to calling our office for advice. OccupancyYou will legally own the home until the property is sold at a sheriff’s auction.  You have the right to live in your home, for free, as long as you are still the owner of the home (until the property is sold by the sheriff).  Once the property is sold, the deed will be taken out of your name and you will no longer own the home.  Therefore, you have no legal right to live in the home at that time.  We recommend you move out as soon as you know the property has been sold by the sheriff. Homeowner’s InsuranceIf you are living in your home, we recommend you keep the property fully insured.  Most insurance policies are good for 12 months.  At some point in the future, it will be time to renew your policy.  If your insurance is escrowed by your mortgage company, the insurance company will send a bill to the mortgage company.  If there is enough money in your escrow account, the mortgage company will pay the bill to renew the policy. If there is not enough money in the escrow account, you will be notified that the policy will be cancelled unless you personally pay the money to renew the policy.  We recommend you do this if you are living in the home.  You may not need another 12 months of coverage, so you may talk to your insurance company about purchasing a shorter term policy.  You only need to be covered as long as you are living in the home. If you do not renew the insurance policy, the policy will lapse.  At that time, the mortgage company will likely purchase their own insurance policy called collateral protection insurance (CPI).  This policy only protects the structure; it does not protect you or your personal property inside the home. If your home is vacant, it is not necessary to have the property fully insured.  Most people will allow their policy to lapse and let the mortgage company purchase CPI.  However, some people may want to consider purchasing a special vacant property liability policy.  This policy does not protect the home; rather, it protects you from any possible liability as the landowner.  For example, someone might get hurt on your property and try to sue you.  The mortgage company’s CPI policy would not protect you.  You would need your own liability policy for protection.  We recommend this if you have a lot of trees or a swimming pool on your property. Property TaxesYou will not be responsible for any property taxes.  Any unpaid property taxes will be paid by the sheriff once the property is sold. Housing Ordinance LawsMost cities and townships have imposed housing ordinance laws.  For example, your grass cannot be too tall, or trash cannot pile up on your lawn.  You must comply with these laws, even though you are surrendering your home.  You must comply with these laws even if your home is vacant.  You own your home until it is sold by the sheriff.  As the land owner, you are responsible for the property. If you fail to comply with these laws, the city may come onto your property and rectify the problem.  For example, they will mow your grass for you.  Then, the city will issue a citation and fine you.  Generally, the fine is three to four times the cost of the actual work.  It might cost the city $30 to hire someone to mow your lawn, but they might fine you $120 per violation.  Further, these fines cannot be discharged in bankruptcy. Utilities and WinterizationIf you leave your home vacant, you should turn off all utilities.  However, be advised that most cities will continue to bill you for trash and sewer service, even if the home is vacant.  The city cannot “turn off” trash and sewer services.  You will be responsible for these bills. We recommend you have the home winterized as a courtesy to the future owner of the home. The Foreclosure ProcessSee the attached handout which explains the process in detail. If a foreclosure case was already pending when you filed bankruptcy, the bankruptcy temporarily stops the foreclosure.  Eventually, the mortgage company will resume the foreclosure process.  In some cases, the mortgage company will simply reactivate the existing foreclosure case at pick up where they left off.  In other cases, the mortgage company may file an entirely new case and start from the beginning of the process. You will not have to file a single document or attend a single Court hearing.  You will receive copies of Court papers, but you do not have to do anything.  All you need to do is keep an eye on the status of the case and make sure you know when the property is scheduled to be sold at sheriff’s auction. You can monitor the process of your foreclosure case by visiting the website for your County’s Clerk of Courts.  You can check the sheriff’s sale schedule by visiting the website for your County’s sheriff.  All this information is public and easily accessed online. Please be advised that we do not represent you in foreclosure.  We will not be filing any documents or attending any Court hearings on your behalf related to the foreclosure. What if the property does not sell at auction?In rare cases, the mortgage company may not buy the home from the sheriff.  This happens if the value of the home has declined to the point where the mortgage company does not believe they would be able to re-sell the home.  In that event, you still own the home and have the right to live there for free.  If the home is vacant, you would remain responsible for complying with housing ordinances. Under this scenario, you would not be able to sell the home, even though the mortgage company does not want the property.  The mortgage company would still have a lien against the property and that prevents you from selling the home to someone else.  There is no legal mechanism to fix this problem; it is a catch-22.  Our only advice is to wait a couple years and the County will eventually foreclose on the property for unpaid property taxes. 8 Steps of Foreclosure Payment DefaultYou miss one or more mortgage payments. Lawsuit ComplaintThe creditor hires an attorney to foreclose on your home.  Their attorney will file a complaint with the Court and send a copy to you certified mail.Answer PeriodYou get 28 days to file an answer to the complaint.  Most people do not file answers, because there is nothing to dispute.  You do not have to appear for any Court hearings. Default JudgmentAfter 28 days, the creditor files a motion for default judgment.  The Court grants the motion, meaning the creditor automatically wins the lawsuit. Order for SaleThe Judge instructs the Sheriff to schedule a sale date. Public NoticeThe Sheriff schedules a sale date.  The sale date is published in your local newspaper for three weeks. Sheriff’s SaleA public auction is held at the Courthouse.  Anyone can bid on the property, but it cannot sell for less than 2/3 its appraised value.  The mortgage company is typically the winning bidder.  You should vacate the residence by this date. 10 days After the SaleThe Court confirms the sale and the mortgage company gets a Sheriff’s deed to the propertyBy retaining the office, you acknowledge that you have been given a link to this DOCUMENT.  You also acknowledge that this information has been explained to you and that you have been provided the opportunity to ask questions ABOUT This information.    

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### Successful Submission

Your Form has been successfully submitted!
We look forward to meeting with you at your appointment to review and get your fiancial recovery started!

Richard West

### Elementor #35169

Success!   Your form has been received!

### moneysharp

Click here for MoneySharp.org 

http://MoneySharp.org

Moneysharp is a website we use for our clients to take the mandatory pre and post filing video courses.

When you hire our office we send you a "coupon" which you use to create your password so you  can view the first course.   You don't get a grade, nobody checks your work and you cannot fail.

BUT YOU MUST CALL THEM ON THE PHONE AFTER YOU FINISH THE COURSE or it is not considered to be complete.  Once you call them they will release your certificate to us.

WE MUST HAVE THIS CERTIFICATE IN ORDER TO FILE YOUR CASE.

You do not need to send the certificate to us as we will log in and get it for you.

These certificates expire after 180 days, so you should wait to view the course until about a month before you file so that you do not end up having to do the course twice.

PART 2 - THE POST-FILING FINANCIAL MANAGEMENT COURSE

After your case is filed, you will get your case number.

With your case number you an go to the moneysharp.org website and enter your same password and case number and watch the second video

YOU DO NOT NEED TO SEND THE CERTIFICATE TO US ALTHOUGH THEY WILL TELL YOU THAT YOU MUST - DON'T WORRY - WE WILL GET IT FOR YOU AND FILE IT.

There is NO LINK for this... you just go to moneysharp.org and log in.

These are separate from Rick's Credit Recovery course, which is a monthly email lesson you will get.  This course is not mandatory, and there is no additional charge for the information.   However, we do not, pursuant to our retainer agreement, provide credit report services as part of our bankruptcy representation.

### formtest



### Dymarkowski Required Document

If your trustee is Mr. Dymarkowski, he requires that you print this document, sign it and return it to us right away, or he will refuse to hold your 341 meeting.

Thank you! let us know fi you have any problems downloading this form and sending it to us,.

Rick West and the entire team at DebtFreeOhio.

https://www.debtfreeohio.com/wp-content/uploads/2025/01/Statement-of-Information-Single-Debtor-4.pdf

### TaxReturnsChapter13

Redacted Tax Returns Required Annually
Everyone in a chapter 13 case is required to submit a redacted tax return to the trustee through our office each year before the end of April.

The only exception is for those who are not required to file returns, and for those clients we have to submit a statement from you indicating that you are not required to file and why.

Why are you required to do this?

Because the Court has ordered you to do it.

It is a Court Order.

It is part of the confirmation order in every case.

What does the trustee do with this information?

Two things.

One, they want to see your refund can keep up to $3,000 in Dayton, Cincinnati and Columbus, and for  the Northern part of Ohio, normally all of the refund must be turned over.

Note, that tax refunds paid in do NOT shorten your plan, it is an extra payment to the creditors.

And, the trustee is looking for increase in your income, compared to the year you filed your case, if the income goes up enough, we might be asked to update your income and expenses.

Be aware that an increase in your income does not necessarily mean that your payment will increase, because often your expenses have increased too.  If we get a request from the trustee, we will review it with you.

You need to send us your complete federal tax refund, including all schedules,  everything you send to the IRS has to be sent to us so we can provide it to the trustee.

Your tax information has to be redacted, this means removing personal information, like the first 6 digits of your social security number, leaving only the last 4, the names and  complete social security numbers of the children as well as your bank account info, routing number and account number.

Many people have their tax returns on their computers in pdf format.  Some of you might have software that will help you redact this information... but there is also a free pdf redaction program, called Canva that can help you do this quickly and easily.

I have created a video to show you how to use it, and it works on all kinds of pdf, both editable and image types.

Some of our clients do not have computers and cannot conveniently use this program, but they do have their tax returns in pdf format on their phones.

If this is your situation, then you may send your pdf tax info to us and we will redact it for you.

If all you have is a paper return, then you can make a copy of the return, take a black marker and redact the personal information, and use a free app called genius scan on your phone to take photos of your tax information and email it to us.  I have created a video for genius scan that shows you how to install it on an iPhone or android, and how to use it.

Now, you have just your individual return to process, but we have hundreds and hundreds of tax returns to review and upload, and all must be reviewed individually and redacted.

So, please help us by doing what you can to send us redacted copies of everything you filed with the IRS.

And, don’t forget that the 1040 is a two sided document, (smile)  we get a lot of page 1 only, not page 2, as most if not all of the other forms are one sided.  It’s an easy thing to overlook, and many people do.

Below are the links to the Canva video that shows you how use this free online app to redact your pdf returns, and a link to the free genius scan app you can put on your phone to take photos of your redacted paper returns if you don’t have a pdf version on a computer.

This is  very important.

Getting the redacted tax returns to the trustee as soon as we can is a priority.

 Don't file an extension, it is not permitted

If, for any reason you cannot file your taxes by the due date you need to tell us as soon as you become aware that there will be an unavoidable delay.

We will have to inform the trustee and request additional time for you.

If we don't, the trustee will file a motion to dismiss your case. And if that happens we will be required to file a response, attempt to work out a solution to keep your case from being dismissed and you'll end with additional attorney fees.

I have seen a number of cases dismissed when clients had perfect payment records, and simply failed to send in their tax returns.

We have installed new software in our office a few months ago and you will be receiving a file request email.

 Please use this email file request to return your documents. 

 Don’t just send us the tax info ... use the file request email.

The reason for this is the email is set up to place your documents sent in response directly in your file and notify us that it is received.

This helps us keep track of your documents better.

Thank you for taking the time to watch this video.

I hope that you will be able to send us your tax info redacted from a computer, even if you have to borrow one to do it.

It's only once a year and the amount of time that it saves us, multiplied by hundreds of returns we have to individually review, is very significant.

Thank you.

Click Here for Canva Video

Link to install Genius Scan on iPhone

Link to install Genius Scan on Android

Link to video showing you how to use Genius Scan

Link to video showing how to upload tax return with your phone by taking photo

### helpdesk

The Helpdesk has been retired, and is no longer available
Important Notice. 
West Law Office Helpdesk has been retired.
The helpdesk closed on December 15, 2024 and is no longer be available.

Email notice was sent to over 10,000 helpdesk users in November 2024.

All current and new clients have been moved to our new Lawmatics software support system.

Closed cases were not moved.

Current and future clients will have Lawmatics accounts and will communicate directly with their paralegal and attorney via email, and documents may be emailed or uploaded directly to the Lawmatics client portal.

The helpdesk served us well for over a decade but the new software is much more user friendly and easier to use.

We constantly improve our processes and software to provide the best service to our cleints, and this change was necessary to further this goal.

If you are a current client, you may call 937 956 0252 for a recorded message telling you the email address of your paraleagal.

Sincerely,

Rick West

### genius

How to install and use genius scan app to convert your documents to pdf format using your cell phone
The Court requires all documents to be provided in pdf format.

There is a free app for your phone called GeniusScan that helps you create pdfs with your phone!

It's as easy as installing the app, setting the output on the app to convert photots to pdf, and then you can take a picuture of any document with this app, which will convert your photo (a jpeg format not accepted by the Court) to a pdf which you can email to us.

Here are links to videos to show you how to install and use the app.

Install Android Genius Scan  

https://videos.cdn.spotlightr.com/watch/MTc1NDMzNA==

Install IPhone Genius Scan  

https://videos.cdn.spotlightr.com/watch/MTc1NDMzNQ== Here is a link to a video with Rick explaining how to use Genius Scan!

https://videos.cdn.spotlightr.com/watch/MTc1NDMzMw==

### email

Important Notice.  West Law Office Helpdesk is being replaced by a new system!Some clients are already in the new system, older clients will be moved over the coming weeks.Our voicemail system is currently down due to the change from the old system to the new system.Instead of using the helpdesk, you will email your paralegal directly.For cases not yet filed:If your last name begins with A – Mc, email shelby@debtfreeohio.comIf your last name begins with Md – Z  email Mary@debtfreeohio.comIf your case is already filed and your last name begins withA – G or T – Z  email Jamie@debtfreehio.comFor H – S email Sarah@debtfreeohio.comWe apologize for the temporary difficulty with the communication and are working on the transition as        quickly as we can.This helpdesk is being closed on December 15, 2024 and will no longer be available.All current and new clients will be moved to our new Lawmatics software support system.Closed cases will not be moved.Normally everything you have sent to us on the helpesk is already in your computer but if you want any documents from your helpesk account, please access the helpdesk and download them as you will lose access to them after December 15th.The helpdesk system is now 10 years old and needs to be upgraded.Our new Lawmatics system provides better support and more functionality. Current and future clients will have Lawmatics accounts and will communicate directly with their paralegal and attorney via email, and documents may be emailed or uploaded directly to the Lawmatics client portal.  Until the conversion is complete clients who have been using the helpdesk will continue to be able to use it, but all communications after December 15 will by through the new Lawmatics platform.  So, this means that even existing clients with cases that will be active for some time, like chapter 13 cases, should download any documents they want to keep from the helpdesk before December 15th.More information about the conversion will  be sent at a later date.Sincerely,Rick West  

### Pre-Filing Requirements

Important Notice!The Court Requires 30 days of bank statements (some trustees require more - we'll tell you if this applies to you) for ALL accounts or your case could be dismissed.The trustee is required to review the bank transactions from each and every account you have listed on your petition.This is EXTREMELY IMPORTANT – your case could not be approved at your 341 trustee zoom meeting, and it is even possible that the case could be dismissed.This includes ALL accounts, conventional accounts and online accounts like Venmo, CashApp, Dave, Paypal, and any gambling accounts you may have.   There are new ones all the time… Any account you have is included.For information to assist you in getting cashapp, venmo and paypal, click here:  HOW TO GET CASHAPP VENMO PAYPAL STATEMENTS FOR THE COURT_RedactedWe MUST show the 30 days prior to the filing, in a format that shows the date, transactions and balance.Screenshots are not permitted.Downloads of transactions are acceptable if the download shows your name and/or account number and the data range is the day before (or of) signing the petition and the 30 days before this dateYou are not required to wait until you get a bank statement mailed to you, and you are not required to go to the bank, so long as you  have online access to your account, you can get this information.You will also need to provide proof of date of filing balances, but since the banks will not generally provide information “the day of”  we will ask you to go online and WRITE DOWN EACH ACCOUNT BALANCE BEFORE THE SIGNING.So, to prepare for your signing appointment do this:Be sure you have reviewed your petition carefully, we can make any needed changes at the signing appointment.PRINT AND SIGN the signature pages we sent you BEFORE the zoom signing appointment with the attorney.Send photos of the signed signature pages to us (upload from your computer to your client portal or send us pdf photos by email to your paralegal. (you'll need to mail us the originals after the signing but we are legally allowed to file the case once we see the signed images you send us.  Without these, we cannot file your case)Be prepared to answer any questions the attorney has about any large or unusual transactions on your bank records.This is required by court rules and is being strictly enforced.  Failure to provide this information can be grounds for the trustee to refuse to complete your hearing, or even file a motion to dismiss your case.

### Credit Card Debt Options

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			Credit Card Debt Options		
			— How to escape the nightmare of credit card debt you cannot pay		
		You’re here because you’re worried, probably frightened, about your credit card debt.You know you have a serious problem, but you don’t know what to do about it.You struggle to pay as much as you can, but the balances never seem to go down very much. Sometimes you can’t even make the minimum payments.It’s sickening. You know you’re going to be slammed with more fees you can’t afford. And every time this happens it destroys any little progress that you made on paying this debt down. It’s one step forward and two steps back. You can’t win.Even paying the cards creates problems. When you pay as much you can to get the balance down, it leaves you short. So you have to charge on the card again.It’s a vicious cycle.You hate it.		
			You want to stop using the cards altogether – but how can you?		
		When you get beyond a certain point, credit card debt becomes your worst nightmare.The endless cycle of struggling to make payments, then having to charge more, – its like being a hamster on a wheel. You’re constantly trying to keep up – but you know – deep in your heart – that you’re fighting a losing battle.It’s just a matter of time before the whole thing comes falling down on you.		
			Still, you keep trying. What else can you do?		
		Sometimes feel angry that you’re paying a fortune in interest to the credit card companies, making them rich at the expense of your family’s needs.It’s sickening. And it makes you sad too, because you’re trying as hard as you can, doing all you can possibly do, but you know you’re getting nowhere.If you’re reading this, you probably feel disgusted and depressed at same time every time you get your bill. I know how you feel, here’s a bill that looks a lot like mine did, years ago.		
										
																					Here are the stats for 2014
										
		Mine looked just like this.  I owed a ton. I was getting nowhere.  It felt hopeless.Why so high a balance?  I had just taken out a big balance transfer at 0% interest. I was unemployed due to a medical catastrophe that I just recently suffered.  I was feeding my family on credit. I had no income, no insurance, and there was no hope in sight.I knew I had to borrow as much as I could, because soon I wouldn’t be able to borrow anything. I felt horrible when I looked at the bottom of the chart to see that in 30 years I would pay much more than double what I actually borrowed. Of course, I had no choice. There was nothing else I could do.I saw this chart on every single statement that I paid every month, but it was so depressing to me that I couldn’t even look at it after a while. Perhaps you feel the same way. I was barely able to make the minimums on time and I couldn’t even imagine what it would feel like to have that card paid off.  If someone would just take that credit card debt away from me, I imagined, I would swear off credit cards forever. But that never happened.  There had to be another way out.  But what?  I was determined to find it.  And I did.  And here’s how to find your best way out of credit card debt.  Review these options, and compare.  Normally, there will be one “stand-out” best approach that will make sense for your situation. 		
			Here are your options, ranked from low debt to high debt		
		When you’re drowning in credit card debt, there are several options you can use to attack the problem and get yourself out of debt. I’ve been helping people do this for over 30 years now, so I can tell you the best way to find the right solution for your needs.		
			Credit counseling (If you’re not too far behind)		
		When you’re not too far behind, credit counseling may be your answer. If you feel that you would be able to dig yourself out of the whole you’re in now if you simply managed your money better, then explore credit counseling.Credit counselors may be able to help you:better understand your spending habits,identify ways to cut back on needless spendinghelp you with your budget (or create one if you don’t have one)show you how to set, and achieve, your goals.To use a medical analogy, if you’re not sick, but you have a few “unhealthy” habits that you need to address before they get out of hand and really start causing trouble, you could go to a doctor and get a “wellness checkup.”Perhaps the doctor will tell you to go on a diet, or maybe just start eating better, maybe get a trainer, start exercising. This may be all you need.Catch it early, and more drastic measures would not be needed.Credit counseling is a lot like this – like going to the doctor before you get sick.But, let’s be honest about this. Who does this? A few might, but not many.Credit card debt, and your finances in general, are really no different.If you catch it early, debt disaster is easier to control or avoid. But if you’re reading this, then you probably need more powerful help than just a course in credit counseling would give you.  The next option to consider would be a debt management plan.		
			Debt management plans		
		Debt management plans are, according to all of the advertising you see on television and on the Internet, the answer to everybody’s debt problems.There are so many different debt management programs available that is actually bewildering.They sound wonderful.An easy answer to your debt difficulties.Just hand all your bills over to them and they’ll do the work, contact your creditors, negotiate wonderful settlements, save you a ton of money, and that your life will be all good again.Not hardly.That’s just they way they get you in the door.These debt management programs do work, sometimes, but are often dangerous because they often fail. There are no guarantees, and they don’t always make the dangers clear to you.In fact, a DMP can’t guarantee that they will be able to negotiate anything better than you could do yourself if you tried. And they often fail to warn you about all the nasty things that will happen when things don’t go according to the rosy promises that they give you. Debt management programs are supposed to inform you that:  they can’t guarantee results,you’ll be taxed on any debt that is forgiven,creditors can refuse to work with you and sue you instead.when you do get sued, they can’t help you one single bit. When you get sued as a result of a failed attempt by the debt management program to negotiate a settlement for you, you’re either left to your own resources to deal with the lawsuit, or sometimes they’ll refer you to one of their network attorneys.Network attorneys often are attorneys who agree to accept substandard pay for these cases and sometimes deliver substandard results. (Think about that one for a second – what kind of attorneys are taking these cases?  And, what do you think they are going to do for you?)		
			What one hand gives, the other takes away… and your credit demolished.		
		When you consider the fact that you’ll be taxed on any gains you make in a debt management program, and add in the fees that the debt management program will charge you, you can see that the savings that you actually realize will be a lot less than you probably were promised.   And, in order to qualify for the best results, they will tell you, they have to make sure that you are at least 2 to 3 months behind in your payments, and this will ruin your credit. It’s part of the cost of doing business with a debt management program.With all of the problems associated with debt management programs, you might think that it would be difficult for them to stay in business.Think again.They are flourishing all over the internet!  Why?  How?They use your subconscious mind and hidden emotions against you!Debt management programs prey on your emotions.  They feed on the public’s general ignorance, and fear of the dreaded “bankruptcy” label.  The “stigma” still associated with bankruptcy fuels the coffers of the debt settlement industry. This industry is not well regulated.  In fact, they are regularly the subject of governmental actions against them.  The get fined and even put out of business, but they keep re-appearing.  Springing up like weeds on the internet.  Ready to take advantage of the next debt burdened person who they can talk into the partial solution and often empty promises they sell.Debt management programs satisfy the emotional desire some people have to avoid bankruptcy. Some folks would rather do anything than even think about what a bankruptcy could do for them.Even a poor solution in a debt management program to these frightened folks, would be far more preferable than a much better result obtained through bankruptcy. It is exactly this emotional fear that keeps some debt management companies in business, and keeps some consumers from ever getting out of debt.But, don’t get me wrong, there are some situations where the DMP is a good choice.Debt management programs do have a place in the world.If you’re the kind of person who is uncomfortable negotiating with your creditors, and you don’t really have a lot of debt – in other words, the relief that you actually need is not great compared to your income and ability to pay, then a debt management program may actually be a good way for you to obtain the kind of results that you probably could get yourself if you wanted to put the time and effort into it.Most people don’t enjoy haggling with creditors or negotiating settlements. Admittedly, its no fun.  People pay me a lot of money to do it,  and I do a great job.  But, it’s an uncomfortable position to be in, because to get the best results in a debt management program setting, you do have to be behind about three months.Trashing your credit score is part of the debt management program – it is a requirement in order to get the best results. Unfortunately, the damage caused to your credit is a lot worse, and takes longer to correct, than if you would have just discharged the debt in a bankruptcy and started over rebuilding your credit with a proven program like the one I have developed.If you’re willing to make the trade off, accept the difficulty that you’re going to have with trashed credit, and you have the kind of situation where a partial solution is acceptable, then a debt management program does make sense.Also, if you have an emotional aversion to even considering what a bankruptcy could do for you that is so significant that you won’t consider bankruptcy under any circumstances, then a debt management program may be the only option that you can pursue.		
			Debt settlement – if you dare . . .		
		You might know about a dangerous game that teenagers in years past used to engage in with their automobiles called “chicken.”  In a game of chicken, reckless teenagers would drive their automobiles towards each other at high rates of speed, the object of the game to be the last person to veer out of the way, and thus not be a “chicken.”Debt settlement is a lot like a game of chicken.I am a certified and seasoned debt arbitrator. I conduct these games of chicken between my clients and the creditors. It is a nerve-racking experience for the client. In about half of the cases, the creditor doesn’t blink, and instead turns the debt over to a law firm and my client get sued. They’re not chicken.  They file the lawsuit.Fortunately, unlike in a real game of chicken, I am an attorney and I can defend the lawsuit and negotiate a settlement with the attorneys.My client doesn’t crash and burn. Nevertheless, debt settlement is a dangerous game.Debt settlement works. I’ve done many of them.In some cases, I will recommend debt settlement as the best way to deal with certain kinds of debt, for certain kinds of clients.Debt settlement works where my clients have assets they can’t protect in a bankruptcy. Or, their income is such that they would end up paying more in a bankruptcy than I believe I could negotiate outside of bankruptcy.And, there are some folks who come to see me who would be great candidates for bankruptcy, but because of transactions that they’ve entered into, particularly family transactions, if they filed a bankruptcy their family members would be sued by the bankruptcy trustee, which nobody wants to see happen.I once had a case where I represented an actual honest-to-goodness rocket scientist. He actually had enough money saved up to pay off his debt but thought there would be a better way to approach it. He was a very smart guy.  He was right. He came to see me and I explained how debt settlement program would probably allow him to pay a lot less than he would have to pay in a bankruptcy but he would likely be sued in the process and we would have to deal with that if it happened.He was a pretty smart guy and he took a few weeks to think it over. Here’s what he told me when he came back. “Mr. West, I thought about what you told me and I understand that I could probably save money if I went with a debt settlement option but I’m going to ask you to file a Chapter 13 bankruptcy for me instead. I don’t want to have to endure the prospect of being sued for the next several years. I’m nearing retirement and honestly I would rather focus on other things than potential litigation as I try to deal with my debt. I know that a chapter 13 will cost me a little more but the certainty of the outcome, the 100% guarantee that I will be debt free in five years and I will still save tens of thousands of dollars in interest in the process. That’s enough for me and I think it’s better to use bankruptcy than debt settlement,” he explained.Smart guy.In other situations, I’ve had the opposite result.  Some folks are willing to accept that lawsuits will likely be part of the process. I have another client who really didn’t have any choice, she had to go the debt settlement route. I’ve saved her about $15,000 over what she would’ve paid in a chapter 13, settled five accounts for much less than was owed but also had to defend her in two different lawsuits.Nevertheless, she is very happy with the results.  She understood what she was up against, and was “ok” with being sued.  She’s money ahead and that’s enough for her.Smart gal.		
			Bankruptcy – it’s probably not what you think.		
		You might know about a dangerous game that teenagers in years past used to engage in with their automobiles called “chicken.”  In a game of chicken, reckless teenagers would drive their automobiles towards each other at high rates of speed, the object of the game to be the last person to veer out of the way, and thus not be a “chicken.”Debt settlement is a lot like a game of chicken.I am a certified and seasoned debt arbitrator. I conduct these games of chicken between my clients and the creditors. It is a nerve-racking experience for the client. In about half of the cases, the creditor doesn’t blink, and instead turns the debt over to a law firm and my client get sued. They’re not chicken.  They file the lawsuit.Fortunately, unlike in a real game of chicken, I am an attorney and I can defend the lawsuit and negotiate a settlement with the attorneys.My client doesn’t crash and burn. Nevertheless, debt settlement is a dangerous game.Debt settlement works. I’ve done many of them.In some cases, I will recommend debt settlement as the best way to deal with certain kinds of debt, for certain kinds of clients.Debt settlement works where my clients have assets they can’t protect in a bankruptcy. Or, their income is such that they would end up paying more in a bankruptcy than I believe I could negotiate outside of bankruptcy.And, there are some folks who come to see me who would be great candidates for bankruptcy, but because of transactions that they’ve entered into, particularly family transactions, if they filed a bankruptcy their family members would be sued by the bankruptcy trustee, which nobody wants to see happen.I once had a case where I represented an actual honest-to-goodness rocket scientist. He actually had enough money saved up to pay off his debt but thought there would be a better way to approach it. He was a very smart guy.  He was right. He came to see me and I explained how debt settlement program would probably allow him to pay a lot less than he would have to pay in a bankruptcy but he would likely be sued in the process and we would have to deal with that if it happened.He was a pretty smart guy and he took a few weeks to think it over. Here’s what he told me when he came back. “Mr. West, I thought about what you told me and I understand that I could probably save money if I went with a debt settlement option but I’m going to ask you to file a Chapter 13 bankruptcy for me instead. I don’t want to have to endure the prospect of being sued for the next several years. I’m nearing retirement and honestly I would rather focus on other things than potential litigation as I try to deal with my debt. I know that a chapter 13 will cost me a little more but the certainty of the outcome, the 100% guarantee that I will be debt free in five years and I will still save tens of thousands of dollars in interest in the process. That’s enough for me and I think it’s better to use bankruptcy than debt settlement,” he explained.Smart guy.In other situations, I’ve had the opposite result.  Some folks are willing to accept that lawsuits will likely be part of the process. I have another client who really didn’t have any choice, she had to go the debt settlement route. I’ve saved her about $15,000 over what she would’ve paid in a chapter 13, settled five accounts for much less than was owed but also had to defend her in two different lawsuits.Nevertheless, she is very happy with the results.  She understood what she was up against, and was “ok” with being sued.  She’s money ahead and that’s enough for her.Smart gal.		
			Bankruptcy is not a “Last Resort” (or, it shouldn’t be)		
		You will read and hear it said that bankruptcy should be a “last resort.” Really?  Why?  Think about that for a second…Why does everyone seem to accept as true the proposition that “You should try everything else in your power first and only after you have tried all options, (and failed at all of them!)  should you even consider the possibility of filing bankruptcy.If it’s clear that other options won’t work, why bother wasting your time (and money) on them?  Let’s use some common sense here, shall we?Imagine you are sick and you go to the doctor.  Your illness is serious, and there are different forms of treatment available.  Wouldn’t you want to consider all of them, all at the same time, all up front, before making any decision about which to try?Wouldn’t it be a better idea to honestly and impartially analyze all of the different treatment options, consider the risks and rewards and benefits of all, and make the decision that makes the most sense for you?   And, if an extreme treatment, like surgery, is the best bet, you should choose that option first, don’t you agree?And that’s why I think bankruptcy should not be a last resort.It shouldn’t be a first resort either.It should be evaluated at the same time and with the same approach that you are evaluating all of your options for debt relief.Bankruptcy, like surgery, is a powerful option and should not be the “weapon of choice” for all battles.  But if you honestly and accurately assess your situation – it should be pretty apparent to you whether or not filing a bankruptcy, like opting for surgery, makes any sense for you.The truth is that bankruptcy might be the best option.  It might keep you from wasting time and money on other options. Your priority is clear – to find out what’s best, and most effective, for your financial recovery, and the faster the better.		
			The “Real Reason” many people will NEVER find the right solution 		
		I’ve found, after 30 years of practice, that the real reason that most people won’t ever discover the best solution to their problems, especially if it’s a bankruptcy, is – in a word – pride. Or, what passes for pride, but really isn’t.There are two kinds of pride, a good kind and a false kind that is not really pride at all.Good:There is pride in a job well done, pride and satisfaction that you get in doing the right thing. But there’s also a different kind of pride which really isn’t pride at all.Bad:The bad kind or false kind of pride is really ego in disguise.  I know this all too well because it happened to me.Many years ago when, due to a broken back, I was unable to work and had no income, I had to live on borrowed money.  I felt like a failure. I felt that everybody was looking down on me and I hated the fact that I had to borrow money to feed my family and pay my house payment.I wanted desperately to regain the self-confidence and self-esteem that I had before my tragic accident. I felt that the charity that people were giving me, and the loans that I was taking were just more evidence that I’d failed as a human being, failed as a husband, failed as a provider to my family.  I felt ashamed.  I was miserable.I can see now, later, that this was just my ego in disguise.  My self-esteem had been shattered.  It wasn’t until later that I discovered that all of my friends and family who were helping and supporting me really didn’t look down on me, they were supporting me because they believed in me. I was the only one that didn’t believe in me. So now, when I counsel people about bankruptcy options, and I can sense that they’re reluctant to give the bankruptcy option a full and fair consideration, I ask them to imagine a friend or family member who was in deep financial problem trouble, so deep that they might have to consider bankruptcy as an option.I asked my client this question, “Wouldn’t you, without any hesitation, support and encourage your friend or sibling to go seek out all the options that are available to help them?  Wouldn’t you encourage them to do this?” Invariably they say, “Yes of course I would I would even drive them to the office to see you!”I reply, “I knew you would!  So, why can’t you look in the mirror and treat yourself with the same kind of compassion, understanding and support that you would – without hesitation – give to your friend or family member?” Nobody ever has an answer to this question.Because, of course, there is no answer.We’re just wired that way. We use a kind of “double-standard” on ourselves.  What’s “OK” for someone else is not “OK” for us. But why should this be so?		
			Example: here’s a true story that illustrates the point very well.		
		I once had a couple come to see me because they were being sued. The husband had been a very prominent figure in his community.  He held a high elected office in law enforcement. They were pillars of the community, well known and respected.But, because of some business dealings, the husband had been sued for a large sum of money. To make matters worse, his oldest son had cosigned on this loan and was being sued as well. Despite the understandable reluctance and embarrassment, and yes, pride, the parents came to see me to find a solution to their difficulty.They needed the best solution. They were ready to accept whatever that might be.I brought my 30 years of expertise to bear on their problem.I analyzed all possible options.We discussed all options, compared them all.Although there were several possibilities, clearly the best one was to file bankruptcy. In this bankruptcy, a small portion of the judgment would be paid but the majority of this debt would be discharged without payment.  (but, it would fall on the co-signer son)And, they would be able to keep everything that they had worked all their lives to get, their home, their cars, their farm equipment etc. Although this was not what they were hoping for, they both understood that it was the best solution to their problem. We filed a chapter 13 for them, which has now been successfully concluded, and they are debt-free.  We wiped out all the debt, and saved all of their property.It was a solution that really worked.It was the right solution. It was the best one for their circumstances, although emotionally, it was very difficult for them.  I’m proud of them both.The son, on the other hand, took a different route.Although he came to see me too, and I carefully analyzed his situation and determined that, like his parents, his best solution was to file bankruptcy. But, sadly, he couldn’t bring himself to do it.I’m sure he has his reasons, but I suspect that, unlike his parents, he was unable to overcome his emotional barriers.  He couldn’t bring himself to file bankruptcy. And, although his parents are now free of this burden, he is, I am told, suffering a wage garnishment and probably other collection efforts as well.  I am very sorry when this happens. 		
			Chapter 7 bankruptcy		
		Many people think, because of what they’ve heard and information that they read on the Internet, that chapter 7 is a “liquidation bankruptcy” where, you will find this ominous proclamation:all of your nonexempt property is taken from you and sold for the benefit of creditors.In practice, most folks keep all their property.  They don’t lose a thing.   Although it’s true that nonexempt assets can be sold for the benefit of creditors, Ohio has exemption laws protect just about everything that you own. There isn’t anything left, after application of the exemption laws, to sell for the benefit of creditors, so most people keep their homes and cars, continue to pay for them, and discharge all of their unsecured debt with no payment whatsoever.Chapter 7 is commonly a good approach for folks who:Have suffered significant medical issues,Have been through a divorceSuffered a medical issueSuffered a loss of job Or, sometimes the amount of credit card debt that you have just keeps mounting and mounting to the point that, even though you want to pay, it just doesn’t make any sense to continue to try to pay an enormous debt that will take you 25 to 30 years at minimum payments to pay off (assuming you never make any more charges on it)If your debt has grown to these proportions, then the best non-bankruptcy program in the world is not going to be an effective way to approach your problem.Of course, there are limitations on eligibility to file a Chapter 7. It has to be the most sensible thing for you to do, and it’s only available if you truly don’t have any money left over after you pay for your normal living expenses, housing, food, clothing, transportation etc., to pay any of your other debts. If you can pay a meaningful amount to your unsecured creditors, then you probably should do so.  When this is the case, you’ll probably be looking at a chapter 13.		
			Chapter 13 bankruptcy		
		Chapter 13 is a payment plan but, beyond that, it is difficult to generalize.Most of my Chapter 13 payment plans don’t pay anything to the unsecured creditors. Its about like a chapter 7, actually. Chapter 13 is based, in part, on your ability to pay.  And, sometimes, after we pay for our house, cars, and living expenses, there isn’t much left over.Chapter 13 is a great tool to use if you’re behind in your house payments. And, using Chapter 13, we are often able to strip off second mortgages and pay less for our cars than owe on them or would have to pay in a chapter 7 if we reaffirmed the car debt.Chapter 13 bankruptcy is an extremely powerful and flexible tool. And, when combined with other options – including aftercare to help you restore your credit – chapter 13 is often the most effective tools that you can use to deal with debt and quickly rebuild credit.Many people think the chapter 13 requires you pay back all of your debts. In southern Ohio, nothing could be further from the truth. The number of chapter 13 cases that I see that actually do pay back all of the debts is a very small number of the cases filed.More often than not, creditors are paid only ten cents on the dollar – or less. But, the benefits to filing chapter 13 can often be greater than if you file a Chapter 7 (even if you do qualify to file a Chapter 7).Chapter 13 you may be able to:strip off second or third mortgagespay back only 1% on your credit cards and medical debtcram-down the amount you owe on your cars and save you thousands of dollarslower the interest rate on cars that can’t be crammed downstop foreclosure and give you up to five years to catch up on your missed house paymentsallow you to get rid of rental properties that you can’t sell because they’re upside downreplace automobiles prior to filing bankruptcy so that you can surrender the upside down car that you havestop student loan collections for up to five years, even though they don’t get discharged, you can be collected from while in a chapter 13 bankruptcy  		
			Summary:  How to find the best solution to your credit card debts		
		Step One.  Consider these  different approaches to debt reliefSee a credit counselor.Contact your creditors yourself and try to negotiate deals.Consider a debt management plan.Contact a debt arbitration specialist for debt settlement.Chapter 7 BankruptcyChapter 13 BankruptcyStep Two.  Eliminate the options that are not realistic for you. Step Three.  Contact a seasoned, certified specialist with years of experience to help you compare the pros and cons of the options that might work for you.  Don’t forget that you will need to rebuild your credit afterwards, and clean up your credit report too. (very important – debt elimination without credit restoration is a recipe for future failure) Step Four.  Once you have help comparing the pros and cons of all the different options, you will know which one will work best for you.  Have the certified counselor give you a step by step plan to put this “best solution” into action and help you successfully complete it. Step Five. Get the counselor to assist you in the credit rebuild and credit report correction process.  You want a certified credit counselor who will teach you what you need to look out for in the future to keep your credit in tip-top shape. This process will help you cut through all the confusion and zero in on the best solution for your situation.  This is a common-sense, practical approach that I have used for almost 30 years to help my clients get a true and lasting financial recovery. Filing bankruptcy is only one option.  Chapter 7 bankruptcy and chapter 13 bankruptcy are powerful tools, and for many, filing bankruptcy IS the best debt relief option. The problem with going to a bankruptcy attorney who is not also a certified credit counselor is that you may not get a full and complete comparison of the pros and cons of the non-bankruptcy options.  I find non-bankruptcy options work better than filing bankruptcy for a number of those whom I counsel.Even if filing bankruptcy is the best solution, filing bankruptcy, without more… without proper follow-up from a certified credit counselor to help rebuild credit and clean up errors on your credit report is not enough.  Without this important follow-up, your fresh start could be a false start. You really need a credit counselor to help finish what the bankruptcy starts, so that you end up with a full financial recovery, with good credit and a strong credit score.  Not just a bankruptcy discharge.Conclusion: When you are faced with credit card debt that is more than you can handle, you need to consider all your options, weigh the pros and cons of each option, seek professional guidance to implement the best strategy, and then use a proven program to rebuild your credit and keep your score as high as possible so you can use credit wisely in the future.

### Bankruptcy Attorney Review

[rank_math_breadcrumb]		
			Bankruptcy Attorney Review – (In Under 5 minutes!)		
		If you are looking for the best bankruptcy attorney to help you solve you on your money problems, this little article will save you a TON of time.In under 5 minutes, you’ll learn exactly what you need to know, and I’ll show you how to review bankruptcy attorneys in your area. See how they measure up against each other.I’ve also written a longer article that reveals how you can psychoanalyze an attorney by examining his website – it’s like reading the attorney’s brain, without leaving your living room or ever having to actually go to his office or even talk to him. But I promised you a 5 minute analysis (you can read the longer article HERE, when you have 10 minutes) so, get ready . . . here’s the fastest way to find the best attorney to help you.		
			Step 1 – Who is the Most Hired Attorney?		
		First, you want to know who OTHER PEOPLE ACTUALLY HIRE. There are lots of attorneys who say they do bankruptcy law. Who are the top attorneys? What are their “stats?”Richard West Law Office is a leader in Southern Ohio and has been for many years.  Even though "bankruptcy mills" are moving into Ohio from California and other states, Richard West Law Office has been helping Ohio, and only Ohio, clients to wipe out debt, keep their property and rebuild their credit.  Since 1986, attorney Richard West has consistently, year after year, been one of the most sought after attorneys in Ohio.Before covid, attorneys and clients had to actually travel to the bankrukptcy court to have a meeting with the trustee that typically took 5 minutes.  Many times clients would have to take an entire day off of work to see the attorney, then return to the attorney's office to sign the papers and then another day to travel to court for the 5 minutes meeting.  No More!And now, since Covid has eliminated the personal meeting requirement, clients from all over Ohio are hiring attorney Richard West to assist them with their financial recovery.  So, although we are actually number 3 in the State of Ohio, (the other two are considered by many to be "mills")  we beleive we are number one in terms of quality and, based on google reviews, client satisfaction.		
			Step 2 – Read Reviews		
		Google makes it super easy to see what actual clients say about their experiences. Look at their reviews and see how many clients actually bother to leave one. Remember, average service often gets no reviews at all. When was the last time YOU took the time to leave a review when all you got was average service? Reviews only happen when someone is motivated by a really good (or bad) experience.Since I have been in Dayton Ohio as my home base since 1986, I suggest you google Bankruptcy Attorney Dayton Ohio and check out the reviews. You can quickly review each bankruptcy attorney’s number of reviews, and the attorney’s website information is also listed. (Note: there is only one with over FIVE Hundred reviews - ours are spread out over Dayton, Cincinnati, Columbus and elsewhere.)		
			Step 3 – Which Attorneys Specialize in Bankruptcy?		
		First, you should know that in order to legally advertise as a “Specialist” the attorney – by Ohio Supreme Court Rules, must be Board Certified.There are only a few Board Certified Consumer Bankruptcy Specialists in Ohio.Some attorneys “limit their practice” (sort of a way to say they specialize without using the word, since they cannot legally do that) or state that “bankruptcy is all we do.” They have to do this because they are not board certified.Not too many attorneys even do this. If you review bankruptcy attorney websites, you will see that most do all kinds of different things . . . family law, probate, etc.Somewhat reminiscent of the old saying, “Jack of all trades . . . master of none?” That’s for you to decide, but ask yourself this – if your situation is serious, like, suppose, you had cancer, would you want to go to a general practice doctor, or a board certified specialist? If the stakes are high, you want every advantage you can get for a good outcome.		
			Step 4 – Your Credit After the Bankruptcy?		
		This is a huge concern. Bankruptcy, without more, does NOT help your credit. It’s not designed to do that. Bankruptcy only wipes out debt.After bankruptcy, you need a proven program to rebuild your credit.But bankruptcy lawyers are not taught this in law school. Credit rebuilding is not part of the bankruptcy process, yet, without it, you won’t achieve a financial recovery.We’re running out of time! I promised you a 5 minute lesson on how to review bankruptcy attorneys, so I’ll cut to the chase, there is only one bankruptcy lawyer who is board certified, is also a certified credit counselor who has a proven program to rebuild credit after bankruptcy, and has been helping his clients get a full financial recovery, not just a bankruptcy discharge, for over 30 years.		
			Conclusion		
		There you have it! In only 5 minutes!Actually, finding the best attorney to help you solve your money problems and get the financial recovery you seek is much the same process as we use for figuring out any problem these days.See which attorneys are trusted by the most people, read reviews of the experiences others have had, and then do your research on the top picks from your list.By checking out the attorneys who more people actually hire, you benefit from their research and experiences – this saves you a ton of time, and helps to avoid problems and making the wrong choice.Read the reviews, compare how many reviews they have, how long the attorney has been in practice and if he is a recognized specialist, and finally if you get a credit recovery program as part of the representation.

### Chapter-13-341-Info

Here you can access important information about your Chapterr 13 duties and the 341 trustee meeting.

MAKE YOUR PLAN PAYMENT BY TFS 28 DAYS AFTER FILING-1

13 Signing Memo - revised 01JUN21

After signing next steps ch 13(1)

### Chapter-7-341-Info

Here you may view and download important information about your 341 trustee meeting.

Chapter 7 Signing Memo - 07JAN24


https://www.debtfreeohio.com/wp-content/uploads/2024/08/Mock-341-Meeting-1.mp3

Questions the trustee will ask you at 341 meeting ch 7 (ver07jan24)

sample 341 meeting (ver 07jan24)

After signing next steps

How to get CashApp, Venmo, Paypal stmts

### Copy of Home

[Content is password protected]

### Bankruptcy-Evaluation

https://form.jotform.com/240765248849167

### DebtFree-Evaluation-Success

Thank you!One of our attorneys will review your information and contact you as soon as we can.Please be patient... this is NOT automation, not a bot, and not AI.  We are NOT a bankruptcy mill.  We limit our practice to Ohio and are not like the so-called "national" law firms.  We limit our practice to serving only Ohio clients. This is really us, the lawyers, answering your questions and we review all submissions personally.RickWest

### DebtFree Evaluation Questionnaire



### smithai

This is a test page for smith.ai 

### AppointmentConfirmation

YOUR APPOINTMENT IS CONFIRMED!
If you scheduled a zoom  appointment, please log in at the appointment time.
Meetings for Rick West will be held on zoom. Here is my zoom link, you'll land in my waiting room. I'll join you there.

https://zoom.us/j/2667235900?pwd=OEdxbDdJSHg1VnNwaWtIeTgyQWFDQT09
to test your zoom, visit https://zoom.us/test 
 
If you scheduled a phone appointment with Attorney Clay Woods, he will call you at the appointment time.
Thank you!
West Law Offices

### Chapter 7 Means Test Calculator



### Mandatory Disclosure

We are required, just like your doctor's office, to provide you with certain mandatory information.


NOTICE NO. 1
Notice Mandated By Section 342(b) (1) and 527(a) (1) of the Bankruptcy Code


Purposes, Benefits and Costs of Bankruptcy

 

The United States Constitution provides a method whereby individuals, burdened by excessive debt, can obtain a "fresh start" and pursue productive lives unimpaired by past financial problems.  It is an important alternative for persons strapped with more debt and stress than they can handle.

 

The federal bankruptcy laws were enacted to provide good, honest, hard-working debtors with a fresh start and to establish a ranking and equity among all the creditors clamoring for the debtor's limited resources.

 

Bankruptcy helps people avoid the kind of permanent discouragement that can prevent them from ever reestablishing themselves as hard-working members of society.

 

To the extent that there may be money or property available for distribution to creditors, creditors are ranked to make sure that money or property is fairly distributed according to established rules as to which creditors get what.

 

This discussion is intended only as a brief overview of the types of bankruptcy filings and of what a bankruptcy filing can and cannot do.  No one should base their decision as to whether or not to file bankruptcy solely on this information.  Bankruptcy law is complex, and there are many considerations that must be taken into account in making the determination whether or not to file.  Anyone considering bankruptcy is encouraged to make no decision about bankruptcy without seeking the advice and assistance of an experienced attorney who practices nothing but bankruptcy law.

 

Types of Bankruptcy

 

The Bankruptcy Code is divided into chapters.  The chapters which almost always apply to consumer debtors are chapter 7, known as a "straight bankruptcy,” and chapter 13, which involves an affordable plan of repayment.

 

An important feature applicable to all types of bankruptcy filings is the automatic stay.  The automatic stay means that the mere request for bankruptcy protection automatically stops and brings to a grinding halt most lawsuits, repossessions, foreclosures, evictions, garnishments, attachments, utility shut-offs, and debt collection harassment.  It offers debtors a breathing spell by giving the debtor and the trustee assigned to the case time to review the situation and develop an appropriate plan.  In most circumstances, creditors cannot take any further action against the debtor or the property without permission from the bankruptcy court.

Chapter 7

In a chapter 7 case, the bankruptcy court appoints a trustee to examine the debtor's assets to determine if there are any assets not protected by available "exemptions.”  Exemptions are laws that allow a debtor to keep, and not part with, certain types and amounts of money and property.  For example, exemption laws allow a debtor to protect a certain amount of equity in the debtor's residence, motor vehicle, household goods, life insurance, health aids, retirement plans, specified future earnings such as social security benefits, child support, and alimony, and certain other types of personal property.  If there is any non-exempt property, it is the Trustee's job to sell it and to distribute the proceeds among the unsecured creditors.  Although a liquidation case can rarely help with secured debt (the secured creditor still has the right to repossess the collateral if the debtor falls behind in the monthly payments), the debtor will be discharged from the legal obligation to pay unsecured debts such as credit card debts, medical bills and utility arrearages.  However, certain types of unsecured debt are allowed special treatment and cannot be discharged.  These include some student loans, alimony, child support, criminal fines, and some taxes.

In addition to attorney fees, there is a filing fee in the amount of $338.00 that must be paid to the Bankruptcy Court.

Chapter 13

In a chapter 13 case, the debtor puts forward a plan, following the rules set forth in the bankruptcy laws, to repay certain creditors over a period of time, usually from future income.  A chapter 13 case may be advantageous in that the debtor is allowed to get caught up on mortgages or car loans without the threat of foreclosure or repossession, and is allowed to keep both exempt and nonexempt property.  The debtor's plan is a document outlining to the bankruptcy court how the debtor proposes to dispose of the claims of the debtor's creditors.  The debtor's property is protected from seizure from creditors, including mortgage and other lien holders, as long as the proposed payments are made and necessary insurance coverage remains in place.  The plan generally requires monthly payments to the bankruptcy trustee over a period of three to five years.  Arrangements can be made to have these payments made automatically through payroll deductions.

Chapter 11

By and large, chapter 11 is a type of bankruptcy reserved for large corporate reorganizations.  Chapter 11 shares many of the qualities of a chapter 13, but tends to involve much more complexity on a much larger scale.

However, since chapter 11 does not usually pertain to individuals whose debts are primarily consumer debts, further information about chapter 11 will be provided by reference to the following resource: The “Bankruptcy Basics” brochure prepared by the Administrative Office of the United States Courts, dated June 2000, and which can be accessed over the internet by visiting the following website: www.uscourts.gov/bankruptcycourts.html .

Chapter 12

 Chapter 12 of the Bankruptcy Code was enacted by Congress in 1986, specifically to meet the needs of financially distressed family farmers.  The primary purpose of this legislation was to give family farmers facing bankruptcy a chance to reorganize their debts and keep their farms.

However, as with chapter 11, since chapter 12 does not usually pertain to individuals whose debts are primarily consumer debts, further information about chapter 12 will be provided by reference to the same "Bankruptcy Basics" brochure referred to above, which can be accessed over the internet at the same said website as mentioned for chapter 11.

What Bankruptcy Can and Cannot Do

Bankruptcy may make it possible for financially distressed individuals to:

 	Discharge liability for most or all of their debts and get a fresh start.  When the debt is discharged, the debtor has no further legal obligation to pay the debt.
 	Stop foreclosure actions on their home and allow them an opportunity to catch up on missed payments.
 	Prevent repossession of a car or other property, or force the creditor to return property even after it has been repossessed.
 	Stop wage garnishment and other debt collection harassment, and give the individual some breathing room.
 	Restore or prevent termination of certain types of utility service.
 	Lower the monthly payments and interest rates on debts, including secured debts such as car loans.
 	Allow debtors an opportunity to challenge the claims of certain creditors who have committed fraud or who are otherwise seeking to collect more than they are legally entitled to.

 

Bankruptcy, however, cannot cure every financial problem.  It is usually not possible to:

 	Eliminate certain rights of secured creditors.  Although a debtor can force secured creditors to take payments over time in the bankruptcy process, a debtor generally cannot keep the collateral unless the debtor continues to pay the debt.
 	Discharge types of debts singled out by the federal bankruptcy statutes for special treatment, such as child support, alimony, student loans, certain court ordered payments, criminal fines, and some taxes.
 	Protect all cosigners on their debts.  If relative or friend co-signed a loan, which the debtor discharged in bankruptcy, the cosigner may still be obligated to repay whatever part of the loan not paid during the pendency of the bankruptcy case.
 	Discharge debts that are incurred after bankruptcy has been filed.  Bankruptcy's Effect on Your Credit

 

By federal law, a bankruptcy can remain part of a debtor's credit history for 10 years.  Whether or not the debtor will be granted credit in the future is unpredictable, and probably depends more on what good things the debtor does in the nature of keeping a job, saving money, making timely payments on secured debts, etc., than the fact that the debtor filed bankruptcy.

 

In some cases, it may actually be easier to obtain future credit after bankruptcy, because new creditors may feel that since the old obligations have been discharged, they will be first in line.  The also recognize that the debtor cannot again file bankruptcy for at least the next four years in the case of chapter 13 or eight years in the case of chapter 7.  The truth is that if a debtor cannot pay his or her bills, and the debtor's credit is already ruined or exhausted, filing bankruptcy can actually be an important first step in re-building credit.

Services Available From Credit Counseling Agencies

 If you're not disciplined enough to create a workable budget and stick to it, can't work out a repayment plan with your creditors, can't keep track of mounting bills, or need more help with your debts than can be achieved by merely having a few of your unsecured creditors lower your interest rates somewhat, it makes NO sense to consider contacting a credit counseling organization.

If, on the other hand, you meet all of those criteria, there are many non-profit credit counseling organizations are nonprofit that will work with you to solve your financial problems.

But be aware that, just because an organization says its "nonprofit," there is no guarantee that its services are free, affordable, or even legitimate.  In fact, some credit counseling organizations charge high fees, which may be hidden, urge consumers to make "voluntary" contributions that can cause more debt, urge consumers to enter "debt repayment plans" they simply cannot afford.

Most credit counselors offer services through local offices, the Internet, or on the telephone.  If possible, it probably best to find an organization that offers in-person counseling.  Many universities, military bases, credit unions, housing authorities, and branches of the U.S. Cooperative Extension Service operate nonprofit credit counseling programs.  Your financial institution, local consumer protection agency, and friends and family also may be good sources of information and referrals.

Reputable credit counseling organizations can advise you on managing your money and debts, help you develop a budget, and offer free educational materials and workshops.  Their counselors are certified and trained in the areas of consumer credit, money and debt management, and budgeting.  Legitimate counselors will discuss your entire financial situation with you, and help you develop a personalized plan to solve your money problems.  An initial counseling session typically lasts an hour, with an offer of follow-up sessions.

If your financial problems stem from too much debt or your inability to repay your debts, a credit counseling agency may recommend that you enroll in what is knows as a "debt management plan" or "DMP.”  A DMP alone is not credit counseling, and DMPs are not for everyone.  You should sign up for one of these plans only after a certified credit counselor has spent time thoroughly reviewing your financial situation, has offered you customized advice on managing your money, and has analyzed your budget to make sure that the proposed DMP is one you can afford.  However, remember that all organizations that promote DMP's fund themselves in part through kickbacks from the creditors involved, which are called "fair share,” so you have to be wary as to whose best interest the counselor has in mind.  Even if a DMP is not appropriate for you, a reputable credit counseling organization still can help you create a budget and teach you money management skills.

In a DMP, you deposit money each month with the credit counseling organization, which uses your deposits to pay your unsecured debts, like your credit card bills and medical bills, according to a payment schedule the counselor develops with your creditors.  Your creditors may agree to lower your interest rates or waive certain fees, but it is always best to check with all your creditors, just to make sure they offer the concessions that a credit counseling organization is promising you.  A successful DMP requires you to make regular, timely payments, and could take 48 months or more to complete.  Ask the credit counselor to estimate how long it will take you to complete the plan.  You may have to agree not to apply for — or use — any additional credit while you're participating in the plan, and a DMP is absolutely useless if your problems stem from or involve your secured creditors holding your car, truck or home as collateral.  DMP's are also useless if your problems stem from alimony, child support or overdue taxes.

The bottom line is this: If all you need is a little lowering of your interest rates on some unsecured debts, a DMP might be the answer.  However, if what you really need is to reduce the amount of your debt, bankruptcy may be the only solution.

NOTICE NO. 2
Notice Mandated By Section 527(a)(2) of the Bankruptcy Code

Notice of Mandatory Disclosure to Consumers who Contemplate Filing

You are notified as follows:

 	All information that you are required to provide with the filing of your case and thereafter, while your case is pending, must be complete, accurate and truthful.
 	All your assets and all your liabilities must be completely and accurately disclosed in the documents filed to commence your case.
 	Some places in the bankruptcy code require you to determine and list the replacement value of an asset.  As for instance a car or furniture.  When replacement value is required, it means the replacement value, established after reasonable inquiry, as of the date of the filing of your bankruptcy case, without deduction for costs of sale or marketing.  With respect to property acquired for personal, family or household purposes, replacement value means the price a retail merchant would charge for "used" property of that kind considering the age and condition of the property.
 	Before your case can be filed, it is subject to what is called "Means Testing.”  The Means Test was designed to determine whether or not your qualify to file a case under chapter 7 of the Bankruptcy Code, and if not, how much you need to pay your unsecured creditors in a chapter 13 case.  For purposes of means test, you must state, after reasonable inquiry, your total current monthly income, the amount of all expenses as specified and allowed pursuant to section 707(b)(2) of the bankruptcy code, and if the plan is to file you in a Chapter 13 case, you must state, again after reasonable inquiry, your disposable income, as that term is defined.
 	Information that your provide during your case may be audited pursuant to the provisions of the Bankruptcy Code.  Your failure to provide complete, accurate and truthful information may result in the dismissal of your case or other sanctions, including criminal sanctions.

 

NOTICE NO. 3
Notice Mandated By Section 527(b) of the Bankruptcy Code

Important information about bankruptcy assistance services

If you decide to seek bankruptcy relief, you can represent yourself, you can hire an attorney to represent you, or you can get help in some localities from a bankruptcy petition preparer who is not an attorney.  THE LAW REQUIRES AN ATTORNEY OR BANKRUPTCY PETITION PREPARER TO GIVE YOU A WRITTEN CONTRACT SPECIFYING WHAT THE ATTORNEY OR BANKRUPTCY PETITION PREPARER WILL DO FOR YOU AND HOW MUCH IT WILL COST.  Ask to see the contract before you hire anyone.

 

The following information helps you understand what must be done in a routine bankruptcy case to help you evaluate how much service you need.  Although bankruptcy can be complex, many cases are routine.

Before filing a bankruptcy case, either you or your attorney should analyze your eligibility for different forms of debt relief available under the Bankruptcy Code and which form of relief is most likely to be beneficial for you.  Be sure you understand the relief you can obtain and its limitations.  To file a bankruptcy case, documents called a Petition, Schedules and Statement of Financial Affairs, as well as in some cases a Statement of Intention need to be prepared correctly and filed with the bankruptcy court.  You will have to pay a filing fee to the bankruptcy court.  Once your case starts, you will have to attend the required first meeting of creditors where you may be questioned by a court official called a ‘trustee’ and by creditors.

If you choose to file a chapter 7 case, you may be asked by a creditor to reaffirm a debt.  You may want help deciding whether to do so.  A creditor is not permitted to coerce you into reaffirming your debts.  It may not be in your best interest to reaffirm a debt.

If you choose to file a chapter 13 case in which you repay your creditors what you can afford over 3 to 5 years, you may also want help with preparing your chapter 13 plan and with the confirmation hearing on your plan which, if held, will be before a bankruptcy judge.

If you select another type of relief under the Bankruptcy Code other than chapter 7 or chapter 13, you will want to find out what should be done from someone familiar with that type of relief.  However, please be advised that in most cases, you will only be concerned with chapter 7 and chapter 13.

Your bankruptcy case may also involve litigation.  You are generally permitted to represent yourself in litigation in bankruptcy court, but only attorneys, not bankruptcy petition preparers, can give you legal advice.

NOTICE NO. 4

Notice Mandated By Section 342(b)(2) of the Bankruptcy Code

Fraud and Concealment Prohibited

If you decide to file bankruptcy, it is important that you understand the following:

 	Some or all of the information you provide in connection with your bankruptcy will be filed
 	With the bankruptcy court on forms or documents that you will be required to sign and declare as true under penalty of perjury.
 	A person who knowingly and fraudulently conceals assets or makes a false oath or statement under penalty of perjury in connection with a bankruptcy case shall be subject to fine, imprisonment, or both.
 	All information you provide in connection with your bankruptcy case is subject to examination by the Attorney General.

NOTICE OF NON-REPRESENTATION

You are not a client of West Law Offices until you decide to hire us, and we agree to accept you as a client, and a written fee agreement is signed.

Unless and until you hire West Law Offices and sign a written fee agreement, you are not a client and we do not represent you.

There is no attorney-client privilege, until you become a client.  West Law Offices does not represent you in any manner until you become a client.

Nothing that is said to you by an attorney from this office, or any of the staff, can result in representation of you by this office until you are a client.

 

 

### 90Seconds

https://www.debtfreeohio.com/wp-content/uploads/2022/12/90-seconds-message-1.mp4

### Garnishment

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Garnishment
What to do if you are facing Garnishment
Here's what you need to know . . .
Garnishment is an immediate threat to your survival. Learn what you can do to fight back.

https://www.debtfreeohio.com/wp-content/uploads/2022/05/Garnishment_video.mp4

Garnishment = Immediate Emergency!
Garnishment (Can bankruptcy stop a garnishment)
You get an ominous court notice in the mail.

At first it doesn’t make any sense.

“Payment to avoid garnishment.”

That’s what it says.

But what does it mean?

Is this how a payroll garnishment starts?

“Can bankruptcy stop garnishment,” you ask yourself.

“Are there other ways to stop garnishment?”

“If so, what are they?”

Or maybe you got the bank account version – “Garnishment of Other than Personal Earnings.”.  No notice here.  You are suddenly – instantly – warned that you are under a Court Order not to remove any money from your bank account.  (How will you pay your bills?)

Perhaps they didn’t get the right bank account. And you are wondering why you have a garnishment notice on a bank account you don’t have.  (Lucky for you if they “missed” and did not get your actual account – sometimes they guess)

But most of the time you are not so lucky.

Your paycheck could soon be hit for 25% – or your bank account will be reduced to $450 – which is the amount that the law says is protected.

What kind of protection is that if they just wiped out most of your life savings?  How will you protect yourself from the creditor attack on our paycheck and bank account?

How did all this begin?  Think back.

Do you remember being sued?

You probably got a letter – certified – from some court.  Or perhaps you weren’t home and all you got was a notice to pick up certified mail.  Those are never good news. We all know that.

Maybe you never went to pick it up – forgot about it.  When that happens, the court is supposed to send you the notice of the lawsuit by regular mail, so you don’t have to go pick it up.  Sometimes that never happens.

This may have been long ago.  You might have forgotten about it. Thought it would go away.

Not happening.

The Judge granted judgment to the creditor for the full amount you were sued for, probably, and now the creditor is exercising “all rights available according to law” to forcibly collect from any and all assets you have.  And, to make matters worse, the creditor can garnish your pay AND your bank account AT THE SAME TIME.

More bad news. . .

At this point, you have practically no leverage.  Back before you were sued, you might have discussed a payment plan.  You may have been able to work things out.  Even after the lawsuit against you was filed, it might have been possible to make a deal.  But now it’s “all deals are off” because once the creditor goes through all these legal hoops to collect, they are not very willing to work with you now.

What can you do?

Even though you have already lost most of your bargaining leverage, there are still things you can do.  That’s why I wrote a very informative e-book  “GUIDE TO OHIO GARNISHMENTS.” Which explains all about how the garnishment laws work, and what options you have to stop the garnishment.

Get the e-book and get informed.  Click here to download the e-book.

Then, when you are ready to take the next step – call us.  We know what garnishments are all about, how they destroy what was probably a delicate balance in your financial life to begin with.

What Good is there in Garnishment?  – Could this be the turning point for you?

Sometimes a garnishment is actually a blessing in disguise.  It reminds me of a famous quote by Alexander Graham Bell, the inventor of the telephone. He said: “When one door closes, another opens; but we often look so long and so regretfully upon the closed door that we do not see the one which has opened for us.”  My life has had lots of those moments, and perhaps this is one of them for you.

If you have a garnishment, you are now forced to look into options that you may not have considered, but will help you fix a much bigger problem, perhaps.

Garnishment is a huge threat to everything you have.  You have to act now.  Get the e-book and read it.  Then call us for a detailed plan to deal with the garnishment.  The call is free. The consultation is free, but the peace of mind you’ll have once you have a plan to stop the garnishment is priceless.  Call 937-748-1749 to schedule your free phone consultation.

### Debt Settlement

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Debt Settlement
Debt Settlement is a Dangerous Option
Here's what you need to know . . .
Debt settlement can work but has many dangers you need to be aware of.  Here's the "dirty secret" these companies don't tell you.

https://www.debtfreeohio.com/wp-content/uploads/2022/05/Debt_Settlement_Video.mp4

Dangerous Debt Settlement Plans . . .

Debt settlement plans are dangerous.  Sometimes they work, and you pay less than you owe.  Of course, you have to pay a hefty fee for an uncertain result, and you also get hit by the IRS who will tax you on whatever you save by not paying the creditors (the IRS treats this as income even though you don't actually get any money!).

Sometimes, debt settlement plans fail to settle, and then you get sued.  Unless your debt settlement plan is a law firm, and most are not, you will need to get a lawyer to help you if this happens.

Often, people waste years of their lives and thousands of dollars, and ruin their credit in the process.  Only to later need to file bankruptcy to protect themselves from creditor lawsuits.

Sadly, many of the clients I serve NEVER SHOULD HAVE BEEN IN THESE PLANS TO BEGIN WITH!

Most of the time, if you need serious financial help, it's too late to benefit from a debt management plan.

I am a certified credit counselor and debt arbitrator.  I can compare these options for you, so you'll know, for sure, what the best option for your needs will be.

### Loss of Income

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Loss of Income
Loss of income is devastating!
Here's what you need to do . . .
When your income drops (or disappears) you are hit hard, two ways!  Sometimes it just makes sense to wipe out the debt, and rebuild good credit fast.  Here's how.

https://www.debtfreeohio.com/wp-content/uploads/2022/05/Loss_of_income_video.mp4

Loss of Income . . .

If you’ve had a loss of income, you’re really being hit hard in two ways,

One, of course, is your loss of income,

But the cost of everything is going up.

Inflation is killing us – and when your income drops, it’s a double whammy

Everyone knows that the only way out of debt is to make significantly more than just minimum payments on your bills.

But when the cost of living is sky high and your income has dropped, that becomes impossible.

Instead, what we often end up doing is trying our best to barely stay current on minimum payments.

This takes all our money, so we end up having to charge living expenses.

It’s a vicious circle, and most of what we pay is interest on the debt!

The balances go up, not down.

Many people I counsel tell me that they hope that a second, or even a third job will help pull them through.

They are hoping to scrape along until things get better.

But, this just isn’t realistic.

You can’t work 24 / 7 –at least not for any length of time,

And hoping things will get better, well, I hope so too, we all do,

But I don’t see that happening soon enough.

When your income has dropped, and you honestly don’t see yourself getting out of debt in a reasonable amount of time, you need to explore your options.

You need help now.

For 35 years, I’ve helped over 20,000 families deal with loss of income that keeps them trapped in debt.

We can wipe out your debt, keep your property and actually improve your credit.

As a certified credit counselor, certified debt arbitrator, and board certified bankruptcy specialist, I can help you figure out the best solution to your problems.

You don’t have to work 2 and 3 jobs to try to dig your way out of debt.

There’s a better solution.

Let’s find the one that’s best for you!

### paymentlink

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How to set up your payment
Online payments on your account
Pay online, use your debit card
You can pay your invoice online with your debit card.  And, with this link, you can see your balance at all times.  Just be sure to select the amount you want to pay - the system will default to the full balance due, so make sure you adjust the payment amount before submitting the payment.

https://www.debtfreeohio.com/wp-content/uploads/2022/04/client-payment-screen-video.mp4

### Welcome

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			Welcome to West Law Office		
			West Law Office - Full Financial Recovery since 1986		
			Wipe out debt, keep your property, rebuild credit		
		Welcome to West Law Office.  Our unique combination of debt relief and credit recovery programs ensure that you get a full financial recovery, not just a partial solution.   https://www.debtfreeohio.com/wp-content/uploads/2022/02/Welcome-to-West-Law-Office.mp4

### Geniusscan

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			Chapter 13 Tax Return Upload Information		
			How to redact taxes for Chapter 13		
			Free Apps make it easy to redact and upload		
		Every year it is required to upload your tax return, and all schedules, W-2 forms, 1099, etc, to the trustee for review.  You are required to hide, or redact, personal information like your full social security number, bank account numbers, and any information related to children before you submit the forms.Submit one pdf file, named with your last name and your case number, after you have redacted the information, as an attachment to email sent to help@debtfreeohio.com.File size is limited to 20MB (was 10MB but we got the trustee to increase the limit!)For videos showing you how to install the Geniusscan app on your phone, click this link:  Install GeniusScanhttps://www.debtfreeohio.com/wp-content/uploads/2022/02/How-to-use-geniusscan-to-redact-your-tax-documents.mp4		
			How to redact online		
		https://www.debtfreeohio.com/wp-content/uploads/2022/02/how-to-redact-online.mp4If you have pdf files already, no need to print and photograph them.  Just use this online tool to redact your pdf files and then you can rename the file and send to help@debtfreeohio.com  

### Geniusscan

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Geniusscan app installation videos
How to Install free Geniusscan App
Easy to Use, and it's free!
Here are links to YouTube videos we have created to show you how to quickly install the free Geniusscan app on your phone.

You can easily photograph documents you need to send us.

Remember to set the format to PDF, and email to help@debtfreeohio.com

VERY IMPORTANT!

Check to make sure your file size is under 20 MB. Our system, and the trustee systems as well, limit single uploads to 20MB or less.

If your files cannot be reduced to that size by lowering the resolution in your app settings, you will need to send your documents in more than one email attachment.

Android Installation

https://youtu.be/jDYOXvQZad8

Iphone Installation

https://youtu.be/s4J6s2FesQE

### register

Registration Page for West Law Office Online Form Pre-Orientation
Use this page to register and create your login.
Use the UPDATE page to update a form you have already created. 


Username

Password

### Tax Foreclosure

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			County Tax Foreclosure		
		If you don’t pay your real estate taxes the County has several options to collect the money, including foreclosing on your home.  Just like when you can’t pay your mortgage, and the bank forecloses on your home, the county can do the same thing to you for unpaid real estate taxes.  And, there is a tremendous increase in the number of County Tax Foreclosures being filed as a result of COVID 19. People hurt by the pandemic can't keep up on all their debts, and many end up losing their home as a result.  This is preventable in many cases.  Bankruptcy could wipe out all your other debts, and free up enough money to pay the back taxes over 5 years.  Often this permits you to save your home.Most people who have mortgages on their homes have what are called escrowed loans. Part of the payment you make each month goes into an account to pay your real estate taxes as they come due twice a year. If you have an escrowed loan and don’t make your monthly payments, and your taxes get behind, the county can foreclose to collect the taxes even if your mortgage payments are in a forbearance agreement, and not technically due.Taxes are a lien on your home.  State law gives the tax lien priority over even your mortgage lien!  Just like when you get behind on your mortgage the bank can foreclose on your home, so too can the county, which holds a tax lien on your home, foreclose when the taxes get behind.		
																										
			Ohio County Tax Foreclosure against your home		
		Ohio law permits the county prosecuting attorney to foreclose against your home.  The county will sue you for foreclosure in the Common Pleas Court in the county where your home is located.  Ohio Rev. Code § 5721.18.  This foreclosure is the same as when the bank forecloses for failure to pay mortgage payments.You will receive a lawsuit against you, by certified mail (or by FedEx or the sheriff may serve you).  You have 28 days to file an answer.  Your mortgage company will also be sued, if you have a mortgage on the property.  You can be sued by the county prosecutor for tax foreclosure on your home even in you are current in your mortgage payments, if the taxes are not paid on time.Once the court has granted judgment in favor of the county prosecutor on the tax foreclosure on your home, the next step in the process is to order your home sold.  This sale will be published in the newspaper at least weekly for 3 weeks, and then the sale will be scheduled by the county sheriff, who normally holds sales one to two times per month.  If you are looking for information about the sale of your home, be aware that there are two websites to monitor.  The first is the Common Pleas court website.  This is where you’ll find information about the foreclosure lawsuit. The other website to monitor is the county sheriff’s sale website.  Once the court orders the sale, there will be no further activity on the court website until after the sheriff has conducted the sale, and reports back to the court the results of the sale, who bought the property and for how much.Once the sale is complete, the Court will then enter a confirmation order for the sale and order distribution of the funds, first to the court costs, and next to the county for the real estate taxes.  Then, if there is a mortgage or more than one mortgage, sale proceeds are distributed until there is no money left. Whatever debt on the home that is not paid from the proceeds of the sale, you will continue to owe.Right of Redemption after Foreclosure in OhioIt is possible to save your home after it is sold at a sheriff’s sale but you have to act quickly and have the funds to pay all debts.  You may avoid the loss of your home, or redeem the home after the sale, but only up to the time the court orders that the sale is confirmed. (Ohio Rev. Code § 2329.33.) By Ohio Law, the sheriff can take up to two months to report the sale to the court. Once this is done, the court will enter on order to confirm the sale within 30 days.These times will vary from court to court and won’t be the same even in the same court, so you have to act fast.  The process to redeem the house is complex and you should consult an attorney to get help with this process.How Bankruptcy can stop Tax Foreclosure in OhioBankruptcy can stop tax foreclosure in Ohio.   Just like bankruptcy is used to stop mortgage foreclosures, and give you up to 5 years to catch up missed payments, chapter 13 bankruptcy can also be used the same way to stop a tax foreclosure in Ohio.At any time prior to the actual sheriff’s sale, you can file a chapter 13 bankruptcy to stop the sale.  Once the bankruptcy is filed, the automatic stay kicks in to stop all collection actions against you, including tax foreclosure sales in Ohio.  Then you have up to 5 years to catch up your missed tax payments.  This is much longer than you will be able to get from the county prosecutor.  But, there’s more…With chapter 13 bankruptcy you not only get 5 years to catch up missed tax payments, you can, at the same time, wipe out all or most of your other debts.  You can even lower your car payments. The savings you can get by filing a chapter 13 bankruptcy can often free up enough money to actually save your home when a non-bankruptcy payment plan would be unaffordable. Many people are being slammed with tax foreclosures in Ohio filed by local county governments who desperately need money.  They are no longer selling tax liens, a process which gives you an extra year to catch up your missed tax payments. The counties are going directly after your home.  Since they get paid first, they know that they'll get their money, either from you or from the sale of your home.  Bankruptcy can stop this, however.You can save your home from tax foreclosure in Ohio with chapter 13 bankruptcy, wipe out your other debts, and get an affordable payment.  You can save your home and cars, and wipe out all or most of your other unsecured debt at the same time.

### Tax Lien Defense Attorney

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Tax Lien Foreclosure
What is the Tax Lien Foreclosure?
If you don’t pay your real estate taxes the County has several options to collect the money, including foreclosing on your home, or selling the tax debt, called a tax lien in Ohio, to get the money you owe “up front” from a third party.

Tax lien foreclosure in Ohio is on the rise, as many homeowners struggle with mortgage payments they cannot make, and tax payments that are too much for their budget.  While mortgages can be put into forbearance plans for up to a year, there are only limited programs for real estate tax delinquencies, and once a tax lien on your home has been sold, your options are even fewer.

Debt buyers, such as Tax Ease and FIG as Custodian for FIG OH18 LLC, buy these tax liens so that they can collect the amount due, plus interest at 18%.  Liens are good for 40 years, and need only be refiled every 15 years.

This is a really great return on investment, for them, and the tax lien buyers are virtually sure of getting their money out of you, or the sale of your property.

You should consider the sale of a tax lien in Ohio on your property a very real threat to your home.


How do Tax Liens and Tax Lien Foreclosures in Ohio work?
Ohio Revised Code sections 5721.30 to 5721.43 allow the County Treasurer where your home is located to collect delinquent real property taxes by selling tax liens.  These liens are sold for the entire amount due as of a certain date.  You should be aware that taxes continue to accrue on your home after the sale of the tax lien.  So, if you can find a way to pay the full amount due on the tax lien, plus 18% interest, you will still probably have a tax delinquency due.

Any property is eligible for a tax lien sale.  However, there are steps the county has to take in order to sell a tax lien in Ohio on your home.  Before a tax lien on your home can be sold, you are supposed to be sent at least three tax bills, giving you a chance to pay the taxes current.  If you don’t pay, you will normally get several notices about your delinquent taxes.

If you still don’t pay, then the county can set the tax debt for a tax lien sale in Ohio, which will include your name, property address, and other information about the upcoming certificate sale.

You will also normally receive an additional warning.  The county is trying to get you to pay the tax, rather than sell your tax debt.  Before a tax lien is sold, you may be able to enter into a payment plan with the county.

If you can get into a payment plan, there will be no tax lien sale and you will be given an opportunity to pay the taxes over time, typically a year.  If your taxes are not paid in full or if a payment plan is not kept up, then you will get a certified letter warning you of the sale of your tax lien.

What is a Tax Lien?

When you owe real estate taxes and do not pay on time, the County Treasurer’s Office can sell the past due taxes you owe to a third parties.  They then can collect the past due taxes from you directly, or later they can foreclose on your home to collect the tax.  The tax liens carry a hefty 18% interest rate.

When will my home appear on the Tax Lien Sale list?

If you don’t pay your real estate taxes on time or get into and keep a payment plan with the county, they will eventually list your tax debt for sale, or they can foreclose on you directly.  The direct foreclosure process is another option the county has to collect taxes owed, and they are opting for direct foreclosure more now that the real estate values have increased.

What is a Tax Lien Sale?

You will owe not only past due taxes, but also fees, penalties, and interest.  This entire debt is sold in what is called a Tax Lien Sale in Ohio.  These tax liens are sold in “bundles” and CANNOT be bought individually.

The tax lien buyer cannot immediately foreclose on your home.  They have to wait twelve (12) months after the date of the sale of the lien before they are allowed to foreclose.  If you don’t to pay the full amount owed on the lien, then the purchaser of the lien has the option to foreclose on the property.

How much do I owe?

In order to know exactly how much you owe, you need to call your local county treasurer’s office.

What if my tax lien has been sold? Will I lose my home?

Not necessarily.  Before a lien on your past due taxes is sold, you have several options.  Obviously, you have the right to pay the tax in full.  You MAY also be able to enter into a payment plan for your taxes.

Finally, the option that they will NOT tell you about your right to put all the taxes, and other debt you owe, into a Chapter 13 bankruptcy, which will give you up to 5 years to catch up your taxes.  For many, this is the ONLY option that will save their homes.  In fact, Chapter 13 could allow you to wipe out ALL your other unsecured debt, freeing up money you need to pay the back taxes.

Note that after the sale there are usually additional fees and interest charged against your property.

Finally, if you can’t pay the taxes and all penalties and costs in full within twelve (12) months of the date your lien is sold, your home can be sold a tax lien foreclosure sale.   You will then lose your home and may still owe thousands on your mortgage if you have one, unless the sale price is enough to cover that debt as well.

If I pay the lien, will I be current on my taxes? 

NO! Properties with tax liens sold still owe real estate taxes every year.

You are required to pay BOTH the tax lien as well as pay current taxes during regular payment periods.

And, if you don’t pay your ongoing taxes as they come due, a second lien CAN be sold on additional unpaid real estate taxes.  Additional fees and penalties will be charged for a second lien.

This normally does not happen, though, as you will typically have lost your home before the second tax lien is sold.

Who buys tax liens?

Although any qualified buyer can purchase a tax lien, commonly they are bought by companies set up to buy them for investment purposes.  In Ohio, tax liens are purchased by companies like Tax Ease and FIG as Custodian for FIG OH18 LLC.

Tax liens are sold in bundles, or groups.  If your tax lien is sold, you will receive notice by certified mail of the purchaser so you can attempt to make payment arrangements.

What happens if I do not pay my tax lien or tax lien certificate?

If you can’t pay the taxes or make an agreement to do so that you can afford, the county will foreclose directly or sell your tax lien.

You have the right to file bankruptcy to catch up the missed payments.  Because the tax is a lien on your property, you cannot get rid of the debt, or discharge it, in bankruptcy.  However, the chapter 13 bankruptcy option lets you discharge other debts and get more time to pay the taxes back than the county or the tax lien buyer will normally agree to.  Chapter 13 can save your home when no other option will work.

Can I buy my own tax lien?

No.

Why is the County selling tax liens?

Simple.  They need the money.  The pandemic has hurt local governments as well as private citizens.  The economic downturn has forced county treasurers to do everything in their power that they legally can do, including foreclosing on real estate and selling tax liens to get the tax dollars they need.

### Foreclosure Defense Attorney

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Foreclosure in Ohio
What is the foreclosure process in Ohio?
Foreclosure is the legal process to take your home away from you. This can happen when you fall behind on your mortgage payments or when you fail to pay your real estate taxes.  Foreclosure lawsuits in Ohio require that you be notified by the Court, and given an opportunity to fight the foreclosure.

Unless you can pay all of the missed payments, or you choose to file bankruptcy to stop the foreclosure sale and catch up the missed payments over up to 5 years, you will lose your home.  Even worse, you could still owe the mortgage debt left over after the sale proceeds are used to pay court costs and real estate taxes.


What can you do when you are sued for foreclosure in Ohio?
You have several options.  Comparing them properly and choosing the one that is best for your needs can be difficult.  It’s best to consult a qualified attorney to help you figure out your best course of action.

You need to review, at a minimum, the following options:

 	Loan modification.
 	Selling the property to pay the debt.
 	Apply for a “short sale” with the lender in a conventional mortgage foreclosure
 	Filing bankruptcy to stop the sale, and get up to 5 years to catch up missed payments.

How long does it take to foreclose on your house?
There is no definite time.  How long a foreclosure in Ohio takes depends on many factors. Ohio is a Judicial Foreclosure state. This means that you have to be sued in court in order for them to take your home away from you.

In larger metropolitan cities, like Cleveland, Columbus and Cincinnati, the foreclosure process takes longer, sometimes over a year. In more rural counties, it can take only a few months. Normally, you can check the status of a foreclosure lawsuit by logging on to the website for the Common Pleas Court for the county where the real estate is located.
Do I have to respond to the foreclosure complaint?  It says I have 28 days to file an answer.
No.  You are not required to file an answer, which is a written response to the lawsuit.  However, even if you know that you are behind, as stated in the lawsuit, there are advantages to filing an answer.

When you file an answer, you almost always prevent the issuance of a “default” judgment against you.  And, you get more time to figure out your strategy to respond to the foreclosure.  And, by filing an answer, you may be able to participate in a court ordered mediation to see if there is some kind of agreement you might be able to reach to resolve the debt you owe and prevent loss of your home.
What happens if I don’t respond to the foreclosure lawsuit?
When you fail to file an acceptable answer, this allows the court to issue a Default Judgment against you.  Once a judgment has been granted against you, the next step is for your property to be listed for sale.
When will my home be sold?  When will I have to move out?
Once the court orders your home sold, it will be advertised for at least three weeks in the newspaper, and then will be sold at a sheriff’s sale or an online auction.  In order for you to know which kind of sale applies to you, you can look up the legal papers filed in court on the court’s website.
Why do they want to take my home away from me?  Why won’t they work with me?
After a foreclosure suit has been filed, the odds that they will work with you are almost zero.  One the case is filed in court, as a practical matter, the only thing that will stop the sale of your home will be payment in full, or filing a bankruptcy case.

Although it may be that some homeowners would pay the debt over time if given an opportunity to do so, it seems that the creditors, whether it’s the mortgage company or the taxing authorities have decided that they will get paid more quickly if they proceed to sell your home.  They will almost never work with you after a foreclosure has been filed.
What can I do to stop the sale of my home?
Unless you can pay or get some kind of agreement, the best way is probably to file bankruptcy.  Bankruptcy will stop a foreclosure so long as you file before the sale date.  Filing bankruptcy to stop foreclosure on your home will give you up to 5 years to catch up missed payments.  And, in many of the Chapter 13 bankruptcy cases I file, we also wipe out 99% of all other debt at the same time.  This frees up money so that you can afford to save your home from foreclosure.

Summary

Foreclosure is the legal process used by mortgage creditors and taxing authorities to sell your home at auction.

Foreclosure in Ohio is a legal process which requires that you are sued in court, and you have the right to contest the foreclosure lawsuit by filing an answer in the lawsuit.

Unless you can prove you are not behind, or come to some kind of an agreement to get current (very unlikely once a foreclosure suit is filed against you) then the most practical way to stop a foreclosure lawsuit is to file bankruptcy.

Bankruptcy forces the creditor to stop the foreclosure, and gives you up to five years to catch up missed payments, and can wipe out up to 99% of all your other debt in the process, making it more likely that you will be able to afford to keep your home.

### Bankruptcy

Bankruptcy				
		Many People Just Like You are Filing for Bankruptcy in These Uncertain Economic Times. As Inflation Increases, Debt Can Get Out of Control.		
		We are a top-rated Ohio bankruptcy law firm, serving the Northern District, and the Southern District of Ohio.  We are your trusted choice when you are looking for the best bankruptcy attorney for debt relief options under US Bankruptcy Law. Our attorneys offer free consultations, so you can begin to get your fresh start today.		
																														
					Filing Bankruptcy in Ohio				
		Filing for bankruptcy is a tough decision to make. When your unpaid debts seem insurmountable and debt relief seems impossible, bankruptcy law may be the best solution.  However, filing for bankruptcy is more complicated than you might think.  It’s important to understand what happens when you file, including how your credit will be affected by filing bankruptcy in Ohio, before deciding that this is your best option.Of course you will have many questions regarding filing for bankruptcy!  You want debt relief, and bankruptcy offers a great tool to end your financial problems, so feel free to reach out to our experienced Ohio bankruptcy attorneys for a free consultation. In our initial consultation we can review your debt relief options, discuss effects on your credit and your credit report, and explain our payment plan options to help make the cost of filing bankruptcy in Ohio affordable.		
					US Bankruptcy Code and Bankruptcy Basics				
		The United States Bankruptcy Code Title 11 is the source of bankruptcy law that regulates bankruptcy filings and bankruptcy cases. If you are considering filing for bankruptcy, it is imperative that your bankruptcy attorney be very familiar with this code under federal law. The bankruptcy court can be an intimidating place to be, and your bankruptcy attorney should be a board certified specialist, like Richard West. Because bankruptcy is a complex and complicated subject, even many attorneys who are not well versed in bankruptcy law will not attempt to file a bankruptcy case. But you don’t need to know the bankruptcy law or read the bankruptcy code yourself. All you need to do is to reach out to our Ohio bankruptcy attorneys. This is absolutely free.There are several chapters under the bankruptcy code detailing the different kinds of bankruptcies and how they should be filed. Further you will find legal information about listing exemptions that help determine which assets can be retained by you even as you wipe out, or discharge, all or most of you debt and get the debt relief that these laws provide.  Here is a link to information published by the U.S. Bankruptcy Court: https://www.uscourts.gov/services-forms/bankruptcy/bankruptcy-basicsAlthough bankruptcy law is Federal Law, many of the applications of it depend on Ohio Bankruptcy Exemptions, which are found in the Ohio Revised Code, section 2329.66. Federal bankruptcy law is basically the same across the country but local exemption laws vary from state to state. Other state laws can affect you in filing for bankruptcy, so it is critical to retain a very experienced Ohio bankruptcy lawyer so you don’t end up losing property or having the bankruptcy court dismiss your case.And, to make things even more complicated, if you live in Ohio, there are varying local rules to each are such as Dayton, Columbus, Cincinnati, and Cleveland.  There are other bankruptcy rules and regulations your Ohio bankruptcy attorney will be familiar with, like general orders and administrative orders, which have the effect of being local bankruptcy law that can vary from court location to court location. When you file for bankruptcy, a bankruptcy trustee reviews all of your debts and assets in order to determine if you have properly scheduled your debts to be discharged and to determine which of your assets might be liquidated to help pay these debts. If you have a lot of assets that will not be affected by your bankruptcy, such as a retirement account or personal belongings, your creditors may receive nothing, or only pennies on the dollar for what they are owed.When filing for bankruptcy in Ohio, there is also an automatic stay, which, in most cases, prevents creditors from continuing with further collection efforts and protects you from creditor harassment from debt collectors. This means your creditors are prohibited from telephone calls, lawsuits, or any other legal actions against you during the bankruptcy phase. There are sometimes limits on the automatic stay, and if you have filed previous bankruptcy cases, your automatic stay may be limited in duration or may not even go into effect at all. One more reason why you absolutely need an experienced Ohio bankruptcy attorney for your case. Sometimes the attorney is required to file additional pleadings to make sure you get the protection of the automatic stay and if the bankruptcy attorney fails to do this, you could lose property.Once your bankruptcy is discharged, meaning that your dischargeable debt has been legally eliminated, you will want to immediately begin to rebuild your credit.Sadly, there are almost no experienced bankruptcy attorneys who are able to help their clients rebuild their credit? Why is this? The short answer is that rebuilding credit is not part of bankruptcy law. Therefore, it is a cruel joke that bankruptcy is said to provide a fresh start. Well, it may be a start, but in order to get a full financial recovery, you need to finish what you start. Richard West is a certified credit counselor and has perfected an extremely effective program to rebuild credit for his chapter 7 and chapter 13 bankruptcy clients.  After wiping out debt in bankruptcy, the next step in financial recovery is to rebuild good credit and learn how to make sure that any errors on your credit report are properly disputed.It is important to realize that filing for bankruptcy can be complicated and it's advisable to speak with an attorney before initiating this process. A knowledgeable lawyer can help you decide if this is the right choice for you and can also make the process easier by ensuring that all of your paperwork is filed correctly. And, as you do this, make sure you don’t forget how important it is to rebuild your credit and review your credit report for errors. Errors on credit reports show up more frequently for people who have discharged debts in bankruptcy, and it seems that there are more credit report errors for those who file chapter 13 than those who file chapter 13 bankruptcy.		
					A Fresh Financial Start – Filing personal bankruptcy is the first step				
		The United State Bankruptcy CourtWhat is bankruptcy? People who have a lot of debt and are unable to pay it in off within a reasonable time should consider filing for bankruptcy. This process provides you with protection from creditors while allowing you to start over financially. Lawyers aid in this process by representing their clients during the legal proceedings, because this is a complex area of the law.  It is not well suited for “do it yourself” or “pro se” filers. Who says so?  The United States Bankruptcy Court. The court website flatly states that seeking the advice of a qualified attorney is strongly recommended because bankruptcy has long-term financial and legal outcomes.  A knowledgeable lawyer can help you decide if this is the right choice for you and can also make the process easier by ensuring that all of your paperwork is filed correctly.You can file for bankruptcy without a lawyer, but we (and the court) strongly recommend that you consult with one. If you want to file for bankruptcy yourself, use an Ohio lawyer who specializes in bankruptcy to help at least initially. You can find several resources that can help you in your research including the National Association of Consumer Bankruptcy Attorneys (NACBA) website at https://nacba.org/ and the American Bankruptcy Institute at https://abi.org/		
					Bankruptcy and Credit				
		Sadly, many people are reluctant to file for bankruptcy because they fear they will be unable to obtain credit and/or purchase necessities after doing so. This fear is understandable but if you follow the proper steps after filing bankruptcy, you can quickly recover good credit. Bankruptcy is not a life sentence. Rather, it is a life event.  It does not define you. Bad things happen to good people all the time. What is more important is what you do afterwards.  Let’s explore the two types of personal bankruptcy: Chapter 7 and 13.		
					Chapter 13 and Chapter 7: Which bankruptcy filing is right for me? 				
		When considering whether to file for Chapter 7 or Chapter 13 bankruptcy, you want to understand what each type of filing entails. An experienced Ohio bankruptcy lawyer can explain the differences between the two types of consumer bankruptcy filings and help you find out if bankruptcy is a good option for you and if so, which chapter offers the best results. Often you will find that you qualify for both chapter 7 and chapter 13, so you’ll want the attorney to explain the pros and cons of each.Simply stated, Chapter 7 bankruptcy provides relief from debts through the liquidation of non-exempt property by a trustee over a three-to-six-month period with monthly income requirements as opposed to a repayment plan.  This sounds like you will lose some of your property, right? Liquidating non-exempt property sounds like your property will be sold to pay your bills. In theory, this is true, but in practice, it rarely happens.Chapter 13 bankruptcy provides relief from debts through payment plans lasting three to five years. Chapter 13 is also referred to as a wage earner plan. While in a Chapter 13, you will pay all of your disposable income into the plan. Some of your tax refund may be paid into the plan as well.Chapter 13 often only pays nominal sums, sometimes only a penny on the dollar, to unsecured debts such as credit card balances, personal loans, and medical bills.  More importantly, you get to keep your home and secured debts, like cars, even if you are behind on the payments.		
					The Bankruptcy Process				
		You will meet with our lawyers to discuss your bankruptcy options and to understand how filing for bankruptcy will affect your financial future. We explain how we go about getting all of the necessary documents and information, and how you will satisfy the credit counseling requirement of bankruptcy law. Whether you file a chapter 7, or straight bankruptcy, or a chapter 13 bankruptcy, or wage earner plan, there will be a means test analysis we will perform as well, as all debt relief agents are required to do.  		
					What Can Go Wrong with Filing Bankruptcy Yourself?				
		You will meet with our lawyers to discuss your bankruptcy options and to understand how filing for bankruptcy will affect your financial future. We explain how we go about getting all of the necessary documents and information, and how you will satisfy the credit counseling requirement of bankruptcy law. Whether you file a chapter 7, or straight bankruptcy, or a chapter 13 bankruptcy, or wage earner plan, there will be a means test analysis we will perform as well, as all debt relief agents are required to do.		
					What if I can't Find All My Paperwork?				
		One of the most important aspects of filing for bankruptcy is overwhelming amount of paperwork involved. Just missing one single document can get your case dismissed. Most consumers are not able to figure out what is needed, how it should be prepared and where it should be filed.
There are many factors that lead to the decision of filing bankruptcy, some consumers do not realize what this choice entails. A knowledgeable bankruptcy lawyer can help make this process easier by ensuring all your paperwork is filed correctly and on time with the highest amount of protection available under the law.  		
					What If the Trustee Decides That Some of My Property is non-exempt and Seizes it? 				
		Things like this do happen, especially when dealing with a complicated legal process. The stakes are high when filing for bankruptcy, which is why you should consider seeking legal advice to ensure that your rights are protected throughout the entire process.The trustee has no choice but to go after all of your assets if they do not have proper protection.  And, you could lose property simply because you don’t know how to protect it, while an attorney would be able to shield it from the trustee and your creditors.Filing for bankruptcy without a lawyer can also mean that you may not receive the highest amount of protection available under the law.  You could end up owing debts that would otherwise be wiped out if only you filed the paperwork properly.If you file incorrectly, your creditors may still have the right to contact you regarding your debts and they might even attempt to take legal action against you. This could not only damage your credit but can mean that you may have to pay unnecessary legal fees after the bankruptcy is over.A bankruptcy attorney will not only go through the bankruptcy paperwork with you in detail, but they will also represent you in front of a judge if any disputes arise during the case. This way, filing for personal bankruptcy becomes "stress free" because you know that your rights are protected and that you have a skilled attorney by your side.  The attorney fees you pay your bankruptcy lawyer are small, compared to the savings and debt relief you obtain.  		
					Common Financial Problems that Lead to Filing				
							
							
										Credit Card Bills
									
								
										Medical Expenses
									
								
										Medical Bills
									
								
										Job Loss
									
						
							
							
										Divorce
									
								
										Student Loans
									
								
										Alimony
									
								
										Child Support
									
						
							
							
										Personal Injury
									
								
										Auto Loans
									
								
										Mortgage Payments
									
						
					Summary - Richard West Law Offices - Extensive Experience				
		If you’re reading this, you are probably suffering from significant financial stress.  Not just “a little behind” but approaching (or experiencing) a true financial emergency.When you have a serious problem, everyone knows that the right thing to do is to consult a specialist.  If you have a serious medical condition, you want a board certified specialist to help solve your problem.  The same advice applies to your serious financial problems. Richard West is a board certified consumer bankruptcy specialist, and he is also a certified credit counselor.  Additionally, he is a certified debt arbitrator, experienced in non-bankruptcy workouts.  He can tell you all your options, and how toAs a debt relief agency and seasoned bankruptcy attorney in Ohio, Richard West has over 35 years of experience offering bankruptcy services in the Southern District of Ohio and Northern District of Ohio. A bankruptcy lawyer since 1986, a certified specialist and credit counselor with a proven program to help you rebuild credit. IF you need a full financial recovery with one of the most reviewed Ohio Bankruptcy attorneys, call Richard West Law office for a free consultation today.		
					Ready? Get on the Road to Bankruptcy Recovery				
		We are still open for remote filing and remote consultations during the pandemic. All consultations are free and there is no catch. We only work with clients who want to work with us. Nothing high-pressure. We look forward to assisting you.		
					
														Get A Free Consultation
					
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### Orientation



### Orientation

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### Has a Lawsuit been filed against you in the Municipal Court in Ohio

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			A Lawsuit has been filed against you in the Municipal Court in Ohio - 		
		For info on your case, scroll down to find your court, then do a case search to find your case info		
		You’ve probably never been sued in Municipal Court before. Here’s what you need to know. We have provided a list of all county municipal courts and city municipal courts in Ohio, as well as a summary outline of the process.		
																										
			Summary of the Lawsuit Process:		
		When you are sued, you have to file a document called an answer if you want a trial.If you don’t file the answer in court, you will lose by default.If you file an answer you may get a pre-trial conference to try to settle your case.If you don’t settle, your case will go to trial.At a trial you are held to the same standards a licensed attorney.Most trials result in judgment for the creditor.Step 1 – A Lawsuit has Been FiledThe creditor has sued you in Municipal Court. This lawsuit will probably end with a judgement against you. After that, the creditor suing you can collect from you by “all legal means,” which include wage garnishment and bank account attachment. They can do both at the same time.The Municipal Court normally sends certified mail to you. It’s from the Municipal Court, not the creditor. This is how you know that you are being sued and it’s not just a threat. This is real.If you don’t pick it up, or if you refuse to accept it, the suit will still go forward. You will get a regular mail copy of the suit.  You can’t avoid the suit by avoiding service.Once the suit is filed, the attorney suing you in Municipal Court will NOT generally dismiss the suit. The attorney will not stop until there is a Court Judgment against you. This is important to understand.Step 2 – File an Answer Within Twenty Eight Days You will notice on the cover page (also called a summons) that you have 28 days to serve an answer on the plaintiff, and must file the answer with the clerk and serve the same on the opposing counsel within 3 days.What does this mean in plain English?  Translated, this means that you have to write an answer to the complaint, and mail it to the clerk and the attorney who sued you within 3 days of filing with the court.After 28 days from the day that you get “served” with the complaint, meaning the day you signed for the certified mail letter, or were handed the complaint by a court officer, like a bailiff or sheriff, or the court mails you a copy regular mail, the creditor is then able to ask the court to grant “default judgment” against you, assuming that you did not file an answer (or one that the court found to be acceptable).What then?  Once the Municipal Court grants judgment against you, the creditor is now a “judgment creditor” and can use the power of the court to collect from you.  At this point they can go after your paycheck and bank accounts.Step 3 – The Trial (and optional pre-trial) after you file an answerIf you filed an answer that the court found to be acceptable, then the Municipal Court Judge or Magistrate would either schedule a trial, or a pre-trial hearing.A trial is where the creditor has to prove its case, and I have a link for information about representing yourself in court.Click this link Representing Yourself in Court  for more information.A pre-trial is not a trial. It’s generally a conference, in person, on the phone, or sometimes even in a court room. It is an opportunity for you to try to settle the case or, if you cannot, to narrow down what issues the Municipal Court Judge needs to decide.Step 4 – Pre-TrialA typical outcome of a pre-trial is a settlement. The creditor may try to get you to agree that you owe the money and perhaps set up a payment arrangement. If you are agreeable to this, then this may resolve the lawsuit. The court cannot make you agree. If you do agree, then the creditor wins, but you can get a payment agreement that, if kept, provides an agreement that the creditor will not try to garnish your wages or your bank account.Step 5 – TrialIf you do not have a pre-trial conference or you simply want your day in Municipal Court, the matter will be set for a trial to the judge or magistrate.You should know that a trial will probably be difficult for you to do. You are probably not trained in trial procedure, evidence, local rules, etc. The attorney who is suing you is very well trained and probably does several of these trials every week.Click this link for information about representing yourself in court.Step 6 – Collection of the Judgment Creditors are not limited to only one means of collection against you, they can garnish your wages at the same time that they wipe out your bank account.A judgment accrues interest, just like the balance on a credit card. Judgments can grow quite large over time. I often see judgments grow to TEN TIMES the original amount.		
        Call for a Free Phone Appointment to Discuss All Your OptionsUsually, when you are sued, this is not the only debt that you owe. A lawsuit often indicates that your finances have gotten out of hand, and you need some help to get things back under control. What kind of help is needed depends on a number of different factors.Sometimes there are several solutions which will work, and I can help you decide which one is right for you by considering your short and long term goals, your family situation, and your own personal values and feelings.That’s exactly what I do, but that’s because I AM a certified consumer bankruptcy specialist, a certified credit counselor and a certified debt arbitrator. I ALWAYS compare ALL the different ways to eliminate debt, unlike ordinary credit counselors, debt management plans and non-certified attorneys.When you are being sued in Municipal Court, you are out of your league, and need help and advice. You can call us for a free consultation, and get information to help you make the right choice during this difficult and stressful time.Free Evaluation & Consultation	
			List of Ohio Municipal Courts and links to find your case information		
		You can find a full list of Ohio Municipal Courts below by county or by city. Pay attention to the local rules for each jurisdiction and we have included address, directions, phone, and links to search for case information for each location.		
			County Municipal Courts in Ohio		
												Butler County Municipal Court
					Area I CourtAddress: 118 West High Street Oxford, OH 45056 Phone: (513) 523-4748DirectionsArea II CourtAddress: 101 High St, Hamilton, OH 45011Phone: (513) 887-3459DirectionsArea III CourtAddress: 9577 Beckett Rd # 300, West Chester Township, OH 45069Phone: (513) 867-5070Directions Website: http://www.bcareacourts.org/Case Information: http://www.bcareacourts.org/index.cfm?page=docket
												Champaign County Municipal Court
					Address: 205 S Main St, Urbana, OH 43078Phone: (937) 653-7376DirectionsWebsite: http://www.champaigncountymunicipalcourt.com/Case Information: https://web1.civicacmi.com/ChampaignCoMC/Court/Default.aspx
												Clark County Municipal Court
					Address: 50 E Columbia St # 2, Springfield, OH 45502Phone: (937) 328-3726DirectionsWebsite: https://clerkofcourts.municipal.co.clark.oh.us/Case Information: https://cases.clerkofcourts.municipal.co.clark.oh.us/newsfeed
												Clermont County Municipal Court
					Address: 4430 OH-222, Batavia, OH 45103Phone: (513) 732-7292DirectionsWebsite: https://municipal.clermontcountyohio.gov/Case Information: http://www.clermontclerk.org/case_access.html
												Clinton County Municipal Court
					Address: 69 N South St, Wilmington, OH 45177Phone: (937) 382-8985DirectionsWebsite: https://www.clintonmunicourt.org/Case Information: https://www.clintonmunicourt.org/recordSearch.php
												Darke County Municipal Court
					Address: 504 S Broadway St, Greenville, OH 45331Phone: (937) 547-7335DirectionsWebsite: https://www.darkecourts.com/Case Information: http://69.34.179.131/eservices/home.page.2;jsessionid=8D8D6A7F57317972820A947BAC64AD1B
												Delaware County Municipal Court
					Address: 70 N Union St, Delaware, OH 43015Phone: (740) 203-1500DirectionsWebsite: https://www.municipalcourt.org/Case Information: https://connect.municipalcourt.org/AWC/court/
												Fairfield County Municipal Court
					Address: 675 Nilles Rd, Fairfield, OH 45014Phone: (513) 867-6002DirectionsWebsite: https://www.fairfield-city.org/316/Municipal-CourtCase Information: https://eservices.fairfield-city.org/eservices/home.page.2
												Franklin County Municipal Court
					Address: 375 S High St, Columbus, OH 43215Phone: (614) 645-8186DirectionsWebsite: http://www.fcmcclerk.com/Case Information: https://eaccess.franklinohio.org/eservices/home.page.2
												Licking County Municipal Court
					Address: 40 W Main St, Newark, OH 43055Phone: (740) 670-7800DirectionsWebsite: https://www.lcmunicipalcourt.com/Case Information: https://connection.lcmunicipalcourt.com/awc/Court/Default.aspx
												Madison County Municipal Court 
					Address: 55 N Oak St, London, OH 43140Phone: (740) 852-1669DirectionsWebsite: https://www.co.madison.oh.us/Case Information: https://www.co.madison.oh.us/departments/court_system/municipal_court/record_search.php
												Miami County Municipal Court
					Address: 215 W Main St, Troy, OH 45373Phone: (937) 440-3910DirectionsWebsite: https://www.co.miami.oh.us/134/Municipal-CourtCase Information: https://payments.miamisburgcourts.com/recordSearch.php
												Montgomery County Municipal Court
					Western DivisionAddress: 195 S Clayton Rd, New Lebanon, OH 45345Phone: (937) 687-9099DirectionsEastern DivisionAddress: 6111 Taylorsville Rd, Dayton, OH 45424Phone: (937) 496-7231Directions Website: https://www.mccountycourts.org/Case Information: https://pro.mcohio.org/pro/
												Muskingum County Municipal Court
					Address: 27 N 5th St #301, Zanesville, OH 43701Phone: (740) 455-7138DirectionsWebsite: http://www.muskingumcountycourt.org/Case Information: http://www.muskingumcountycourt.org/recordSearch.php
												Shelby County Municipal Court
					Address: 110 W Court St, Sidney, OH 45365Phone: (937) 498-0011DirectionsWebsite: https://www.sidneyoh.com/Case Information: https://search.shelbyco.net/eservices/home.page.2
												Washington County Municipal Court 
					Address: 119 N Main St, Washington Court House, OH 43160Phone: (740) 636-2350DirectionsWebsite : https://74.219.179.50/Case Information: https://74.219.179.50/search.shtml
			City Municipal Courts in Ohio		
												Akron Municipal Court
					Address: 217 S High St, Akron, OH 44308Phone: (330) 375-2120DirectionsWebsite: https://www.akronmunicipalcourt.org/Case Information: https://courts.akronohio.gov/AkronCaseInformation/
												Bellefontaine Municipal Court
					Address: 226 W Columbus Ave, Bellefontaine, OH 43311Phone: (937) 599-6127DirectionsWebsite: https://www.ci.bellefontaine.oh.us/municipal-court.htmlCase Information: https://web1.civicacmi.com/BellefontaineMC/Site/Lookup.aspx
												Canton Municipal Court
					Address: 218 Cleveland Ave SW, Canton, OH 44702Phone: (330) 489-3184DirectionsWebsite: https://www.cantoncourt.org/Forms/DefaultCase Information: https://www.starkcjis.org/
												Circleville Municipal Court
					Address: 151 E Franklin St, Circleville, OH 43113Phone: (740) 474-3171DirectionsWebsite: https://www.circlevillecourt.com/Case Information: https://onlinedocket.circlevillecourt.com/recordSearch.php
												Cleveland Municipal Court
					Address: 1200 Ontario St, Cleveland, OH 44113Phone: (216) 664-4790DirectionsWebsite: https://clevelandmunicipalcourt.org/home.htmlCase Information: https://clevelandmunicipalcourt.org/public-access
												Dayton Municipal Court
					Address: 301 West Third St. Dayton, Ohio 45402Phone: (937) 333-4300DirectionsWebsite: https://www.daytonmunicipalcourt.org/Case Information: https://connect.municipalcourt.org/AWC/court/
												Eaton Municipal Court
					Address: 1199 Preble Dr.Eaton, Ohio 45320Phone: (937) 456-4941DirectionsWebsite: https://www.eatonmunicipalcourt.com/Case Information: https://apps.eatonmunicipalcourt.com/recordSearch.php?k=searchForm6820
												Elyria Municipal Court
					Address: 601 Broad St, Elyria, OH 44035Phone: (440) 326-1800DirectionsWebsite: https://elyriamunicourt.org/Case Information: https://eservices.elyriamunicourt.org/eservices/home.page.2
												Fairborn Municipal Court
					Address: 1148 Kauffman Ave, Fairborn, OH 45324Phone: (937) 754-3040DirectionsWebsite: https://www.fairbornmunicipalcourt.us/Case Information: https://www.fairbornmunicipalcourt.us/search.php
												Fairfield Municipal Court
					Address: 675 Nilles Rd, Fairfield, OH 45014Phone: (513) 867-6002DirectionsWebsite: https://www.fairfield-city.org/316/Municipal-CourtCase Information: https://eservices.fairfield-city.org/eservices/home.page.2
												Findlay Municipal Court
					Address: 318 Dorney Plaza # 206, Findlay, OH 45840Phone: (419) 424-7141DirectionsWebsite: https://www.findlayohio.com/government/municipal-courtCase Information: https://www.findlayohio.com/government/municipal-court/case-search-daily-docket https://courts.akronohio.gov/AkronCaseInformation/
												Franklin Municipal Court
					Address: 9455 W Loomis Rd, Franklin, WI 53132Phone: (414) 425-4768DirectionsWebsite: https://www.franklinwi.gov/Departments/Municipal-Court.htmCase Information: https://eaccess.franklinohio.org/eservices/home.page.2
												Hamilton Municipal Court
					Address: 345 High St 2nd Floor, Hamilton, OH 45011Phone: (513) 785-7300DirectionsWebsite: http://www.hamiltonmunicipalcourt.org/Case Information: https://web1.civicacmi.com/HamiltonMC/Court/Default.aspx
												Kettering Municipal Court 
					Address: 2325 Wilmington Pike, Kettering, OH 45420Phone: (937) 296-2461DirectionsWebsite: https://ketteringmunicipalcourt.com/Case Information: https://ketteringmunicipalcourt.com/search-public-records/
												Lakewood Municipal Court
					Address: 12650 Detroit Ave, Cleveland, OH 44107Phone: (216) 529-6700DirectionsWebsite: https://www.lakewoodcourtoh.com/Case Information: https://www.lakewoodcourtoh.com/casesearch.html
												Lebanon Municipal Court 
					Address: 50 S Broadway St, Lebanon, OH 45036Phone: (513) 933-7210DirectionsWebsite: https://court.lebanonohio.gov/Case Information: https://court.lebanonohio.gov/search.php
												Lima Municipal Court
					Address: 109 N Union St, Lima, OH 45801Phone: (419) 221-5275DirectionsWebsite: https://www.cityhall.lima.oh.us/100/Lima-Municipal-CourtCase Information: https://connection.limamunicipalcourt.org/awc/Court/Default.aspx
												Lorain Municipal Court
					Address: 200 W Erie Ave, Lorain, OH 44052Phone: (440) 204-2140DirectionsWebsite: https://www.cityoflorain.org/219/Lorain-Municipal-CourtCase Information: https://public.lorainmunicourt.org/Home.aspx/Search
												Mansfield Municipal Court
					Address: 30 N Diamond St, Mansfield, OH 44902Phone: (419) 755-9617DirectionsWebsite: https://ci.mansfield.oh.us/Case Information: https://benchmark.mansfieldcity.com/BenchmarkWeb/Home.aspx/Search
												Marysville Municipal Court
					Address: 1250 W 5th St, Marysville, OH 43040Phone: (937) 644-9102DirectionsWebsite: https://www.marysvilleohio.org/Case Information: https://municourt.co.union.oh.us/recordSearch.php
												Mason Municipal Court
					Address: 5950 Mason Montgomery Rd, Mason, OH 45040Phone: (513) 398-7901DirectionsWebsite: https://masonmunicipalcourt.org/Case Information: https://courtconnect.masonmunicipalcourt.org/connection/court/lookup.xsp
												Parma Municipal Court
					Address: 5555 Powers Blvd, Parma, OH 44129Phone: (440) 887-7400DirectionsWebsite: https://parmamunicourt.org/Case Information: https://parmamunicourt.org/info/index/5
												Stow Municipal Court
					Address: 4400 Courthouse Blvd, Stow, OH 44224Phone: (330) 564-4200DirectionsWebsite: https://www.stowmunicourt.com/Case Information: https://eservices.stowmunicourt.com/eservices/home.page.2
												Vandalia Municipal Court
					Address: 245 James Bohanan Dr #2, Vandalia, OH 45377Phone: (937) 898-3996DirectionsWebsite: https://vandaliaohio.org/177/Vandalia-Municipal-CourtCase Information: https://docket.vandaliaohio.org/
												Xenia Municipal Court 
					Address: 101 N Detroit St, Xenia, OH 45385Phone: (937) 376-7294DirectionsWebsite: https://www.ci.xenia.oh.us/Case Information: https://eaccess.ci.xenia.oh.us/eservices/home.page.2
												Youngstown Municipal Court
					Address: 9 W Front St, Youngstown, OH 44503Phone: (330) 742-8863DirectionsWebsite: https://youngstownohio.gov/clerk_courtCase Information: https://www.youngstownmunicipalcourt.com/eservices/home.page.2
												Zanesville Municipal Court
					Address: 332 South St #103, Zanesville, OH 43701Phone: (740) 454-3269DirectionsWebsite: https://www.coz.org/192/Municipal-CourtCase Information: https://courts.akronohio.gov/AkronCaseInformation/
		Overview: Local municipal court rules very greatly though out municipalities in Ohio. It is your job to educate yourself and follow them if you are planning on proceeding pro se, or on your own. It is recommended that you should always have the advice of an experienced attorney.

### FAQs - Frequently Asked Questions on Bankruptcy

FAQ's - Frequently Asked Questions for Ohio Bankruptcy		
		If you have any questions that are not listed here. Feel free to reach out to us by calling (937) 748-1749 or contact us		
									Who files for bankruptcy?
									People from all walks of life sometimes need the help of the bankruptcy system. I have filed bankruptcy for people working in all positions from store clerks to vice presidents of banks. I’ve filed for doctors and attorneys and even a Judge.I’ve personally been insolvent, sued and treated with indifference and cruelty by attorneys who sued me when I could not pay my bills.So I understand, from personal experience, what it’s like to need help. This is the “dark side of debt” that nobody talks about. Bankruptcy can be the solution, and should NOT be considered a “last resort” as is so often stated. It should be considered BEFORE you “hit the bottom” because filing early can prevent loss of income and property, and avoid needless suffering.									
									What debts can be eliminated with bankruptcy?
									Most of your debts are dischargable. Often you want to keep property and continue to pay for your car and home.  Unsecured debts like credit cards, medical bills, personal loans, payday loans are considered “unsecured” and discharged in bankruptcy.
									What debts are not eliminated in bankruptcy? 
									Although most debts are dischargable, some are not.  These include the ones you would expect to be excluded from discharge. Child support, most taxes, court fines, and student loans are the most common.									
									What are alternatives to filing for bankruptcy?
									Alternatives to bankruptcy include credit Counseling, debt consolidation loans, debt management programs, and debt settlement programs. They can be effective if your income is sufficient to pay most of your debts with the extra income you have available after meeting your required living expenses.									
									Will I lose my property if I file bankruptcy?
									Normally, you will not. Exemptions protect property, up to a maximum limit. For example, your household goods and furnishings are protected up to $13,400, per person.  Car equity is protected up to $4,000, and your home equity is protected up to $145,425 per person. If you have more equity than the exemptions cover, there are several approaches to making sure you don’t lose any property you want to keep.									
									What is the difference between chapter 7 and chapter 13?
									There is a lot to know about the differences between these two chapters. It is not true, for example, that chapter 7 is mainly for low income families. I file chapter 7 for families making over $100,000 per year. Similarly, chapter 13 is not just for families who have income over the median income level. I am able to save thousands of dollars by filing chapter 13 for families under median income, who could qualify for chapter 7 but get much better results with chapter 13.									
									Will bankruptcy hurt my credit score?
									If you have a proven program like the one we have here at West Law Office, your credit will be recovered to “good credit” status within one year after discharge if you file chapter 7, and even before you finish your plan if you are filing chapter 13. Don’t believe it when you read that simply because bankruptcy stays on your credit for 7 years (chapter 13) or 10 years (chapter 7) that your credit score will be low for that length of time. That’s just not true.									
									Who will know about my bankruptcy?
									Bankruptcy is a public record, but it’s not that easy to find. Anyone can go to the courthouse and look up bankruptcy filings, but they are not commonly published in newspapers or their online counterparts. Employers are generally not notified unless the employer is a creditor or you are in a chapter 13 and paying your chapter 13 plan payment by wage deduction.  You are permitted to request an exception to the wage deduction payment method if you have reason to.

### Debt Repayment Calculator

Do debt management plans work?Sometimes they do!  Debt management plans work if you have the right kind of debt, the right creditors who will agree to negotiate, and if you have enough income to pay the payments you negotiate with the creditors.  As a certified debt arbitrator, I have settled many thousands of dollars of my clients’ debts outside of the bankruptcy process.Debt management plans work best, even better than bankruptcy, if you have a way to fund payments to the creditors, at a level that they agree to.   Most of the time this will be around 80%.  Seldom will debt management plans work if you cannot pay at least that much, unless you can afford to pay the creditor a lump sum (which is normally not an option).		
		
        
            
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                                Debt Management Plan (DMP) aka Credit Counseling 100% Repayment
                            
                        
                        
                            
                                
                                    
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                                Debt Settlement Plan (DSP) aka Debt Negotiation 80% Repayment
                            
                        
                        
                            
                                
                                    
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		The calculator presumes that you are going to have to pay a fee for the services of the debt management plan, and the plan will negotiate a reduction in the amount that you will pay.  You will make payments directly to debt management plan, not your creditors.Debt management plans do not work with all creditors.  Some creditors simply refuse to participate, and the debt management plan cannot force any creditor to work with you.  Creditors are free to agree, or not participate.Debt management plans are different than debt settlement, or debt arbitration.  In this debt reduction model, you stop making ANY payments to your creditors, and you pay monthly to the debt settlement company. Who holds your funds and tries to negotiate lump sum settlements with your creditors.  The settlement funds come from the monthly payments you make.  This is a dangerous game of “chicken” with creditors, who sometimes elect to sue you instead of working with you.

### Chapter 13 Payment Calculator

Chapter 13 Calulator

### Findlay

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			Findlay Bankruptcy Attorney		
		Trusted, Board Certified, 35 Years ExperienceSince 1986, Richard West Law Office has helped over 30,000 families review their options in Chapter 7 & Chapter 13 bankruptcy.  Our attorneys can help clients in Findlay, Ohio by reviewing all of your options, and providing sound financial advice to get you through difficult financial times.		
				
					Over 30,000 Families Served
				
								Since1986, We have been the authority for debt relief and credit recovery. 
				
					Your Case Will Be Approved
				
								You can depend on us.  We're one of the oldest Debt Relief firms in the State of Ohio. 
			Over 30 Years
Fighting Credit Card Predators		
					
							
										30,000 Clients Served
									
								
										Bankruptcy Attorney Since 1986
									
								
										Board Certified Bankruptcy Attorney
									
								
										Certified Credit Counselor
									
								
										Certified Debt Arbitrator
									
						
					
							
										A+ Better Business Bureau
									
								
										Over 350 Positive Google Reviews 4.9 -5.0
									
								
										Trusted by Thousands of Clients
									
								
										Member of Association of Consumer Bankruptcy Attorneys
									
						
																										
			Why You Should Hire a Findlay Bankruptcy Attorney		
		There are many in Findlay Ohio who need to consult a bankruptcy attorney for help with their finances. There are many options available, and filing for bankruptcy should not be your last resort as it is often said to be.Bankruptcy law is powerful and effective.  You need certainty in your solution.  NOT a take your chances debt management programs which an never guarantee the outcome of your problem. Don't gamble your future on ineffective debt management programs when you really need to file for bankruptcy. These programs only make money for for the settlement company, and you could end up being sued.  When that happens, they often tell you to consult a bankruptcy attorney. Call the Findlay Ohio bankruptcy attorney who can help you evaluate all your options, and explain which option is best for your unique situation.  Did you know that Chapter 13 bankruptcy often offers more benefits than Chapter 7?  It's true even though more people file Chapter 7.  They often could do better in Chapter 13!Be cautious.  You may not feel comfortable with a Chapter 7 Bankruptcy attorney who can't explain your options in in Chapter 13 as well.  If you do, you could be missing out on thousands of dollars in potential savings. 		
			Richard West Law Office		
		(419) 333-1660		
													
															
																										
			By Filing for Bankruptcy Relief in Findlay You Can		
			Wipe Out Debt, Keep Your Property & Rebuild Your Credit		
		Are you a Findlay, Ohio resident who is burdened with debt? Start here for an explanation on Bankruptcy options.		
			Chapter 7		
			
						
			Chapter 13		
			
						
			NON-Bankruptcy Options		
			
						
			THE COST OF AN ATTORNEY		
			
						
			Sources of debt in Findlay		
			
						
			How we can Help		
			
						
			Chapter 7 Bankruptcy		
			Personal Chapter 7 Bankruptcy Attorney		
		 What is Chapter 7 bankruptcy ?Filing for Chapter 7 bankruptcy [also called straight bankruptcy] allows you to wipe out most of your debts and start with a clean slate. It may be an option when you cannot repay your debt using a repayment plan or other alternatives, like debt consolidation. In many cases, filing for Chapter 7 will allow you to keep everything you ownThe benefits of filing for Chapter 7 bankruptcy The most important benefit of filing for chapter 7 bankruptcy is that it can get rid of your debt. It's also very fast -- in many cases, you will be able to start again within a few months and often much sooner. Bankruptcy doesn't discharge all debts but does get rid of most of them.Most people keep their homes and cars in bankruptcy, and wipe out all their unsecured debts like credit cards, personal loans and medical bills.With our unique 1 year follow-up credit rebuild program, you can easily rebuild your credit after wiping out your debt in bankruptcy. Most of our clients get credit scores of 650 - 700 within one year.		
			Chapter 13 Bankruptcy		
			Personal  Chapter 13 Bankruptcy		
		What is Chapter 13 bankruptcy ?Chapter 13 bankruptcy is a reorganization of your debts, also called a restructuring. When you file Chapter 13 bankruptcy, you have to repay some of your debts, normally not all, over a 3-to-5 year period. Many Chapter 13 plans only pay 1% of the debt, so in effect, these plans are a lot like Chapter 7 bankruptcy.Chapter 13 bankruptcy can provide significant debt protections and conveniences compared to the alternatives under Chapter 7.For example, you can catch up missed payments on your house and car in a Chatper 13, whereas in a Chapter 7 you would need to be current on these debts to keep the car or house.Chapter 13 protects you the entire time you are in the plan. And, in many cases, the plan can be modified, if needed, to adjust for changes in your financial situation.Chapter 13 bankruptcy can be a good option if you have valuable property that you have more equity in than can be protected in a Chapter 7.For example, if you had a car which was worth $10,000, and owned it free and clear, you would either lose it in a Chapter 7 or have to pay the trustee to keep it. In a Chapter 13, this would not be the case. You would simply pay a small amount to your creditors in order to keep the car.		
			Debt Settlement & Debt Negotiation		
		Debt settlement is a way to pay off debt by negotiating with creditors and agreeing on the amount that will be paid back in full. There are some people who are against bankruptcy, and look to this practice as a way for them to save money without filing bankruptcy. But, there are also risks involved with debt settlement.The main risk of debt settlement is that if you don't have the money to settle the account, then you're just going to make matters worse. That's because you'll just accumulate more debt, which will result in more interest charges and in most cases, your credit scores will take a big hit!So you will end up in the same situation, but at a higher rate of interest and with poor credit.Another risk is that creditors may take legal action against you. Debt settlement is 100% voluntary. Unlike bankruptcy, which forces the creditors to take nothing, or less than what you owe, debt settlement is purely optional for your creditors.It's a gamble. If you lose, you end up filing bankruptcy in most cases. And, debt settlement is worse, for a longer period of time, for your credit.		
			The Cost of a Bankruptcy Attorney in Findlay		
		Just as in all aspects of life, a cheap bankruptcy lawyer is not always the best choice. You may end up forking over more funds than you had planned if you opt to go with the cheapest attorney you can find. When it comes to such an important factor in your financial future, make sure you invest wisely and get the sound advice and wise representation that, as you would expect, costs a bit more but is an investment in you, and your future.Hiring an attorney based on costs alone could cost you far more in the long run. Some attorneys actually advertise cheap fees to take advantage of people with very little money.Richard West Law Office strives to provide the best legal representation, but doesn’t sacrifice quality for affordability.		
			Source of Debt in Findlay		
		MedicalAlmost one-third of America's families have medical debt, with many balances nearing $10,000. It doesn't matter if you're insured or not--a single serious issue can completely wipe you out.Student loanStatistics show that 42% of 18-29 year olds have student loans to pay. This extensive debt is a huge problem in Findlay, Ohio. Defaulting on your loan often raises the interest rate and lowers your credit score. Bankruptcy is not an option for student loans, but by getting rid of various other debts can make it possible to start whittling away at this mountainous debt.Credit cardsCredit cards are a fact of life and they will always be, but it can become easy to get deep into debt if you don’t pay attention. Doing cash advances on credit cards, balance transfers – taking advantage of teaser rates – can lead you down a slippery slope before long. Asking for more credit when you have too many is oftenMortgage debtDreaming of owning a home?  Before borrowing up to your maximum and signing away the next thirty years, you should recognize there are many other hidden costs that might go with that purchase. Many people find themselves underwater with mortgage debt. A large  portion of Findlay families have this particular kind of debt.If you get behind on bills, it is tempting not to pay your mortgage because your other creditors are hounding you. But your home is the most important thing you have! Better to file bankruptcy on other debt, which will free up money to keep your home.LawsuitsNothing creates a sense of panic and fear like receiving a debt lawsuit in the mail. But, rather than working with customers, more creditors are turning delinquent accounts over to law firms to sue you. Once a debt is turned over through a lawyer for collection, there is almost guaranteed to be judgment against the consumer. Once that happens creditors can use that judgment to garnish wages. It is a frightening process.		
			Sources of Debt		
					
							
										Medical Debt
									
								
										Student Loan Debt
									
								
										Credit Card Debt
									
								
										Mortgage Debt
									
								
										Court Ordered Debt
									
						
			What They Can Claim		
					
							
										Foreclosure
									
								
										Car Repossession
									
								
										Wage Garnishment
									
						
			What They Can Cause		
					
							
										Stress
									
								
										Anxiety
									
								
										Divorce
									
								
										Suicide
									
								
										Depression
									
						
			What Debts Can and Can Not Be Discharged?		
		Common debts discharged in bankruptcyMost debts are forgiven in bankruptcy, but some cannot be discharged like most taxes or child support debt.Credit card debtCredit card debt is one of the reasons people file for bankruptcy. It's one of the top reasons.Credit card companies make it hard. They charge you more than you pay them, and they force you to do things that cost money. You will be able to get new credit cards after bankruptcy, which is the beginning of better credit.Medical billsOne of the leading reasons for bankruptcy is unpaid medical bills. It's expensive to be sick, and sometimes the treatment is more expensive than the debt can withstand.Filing bankruptcy on medical debt is common. It can be necessary in many situations. You will always be able to go to the emergency room if you need to.Personal loansPersonal loans are a huge problem in America. Financing companies like One Main, Mariner and Tracir often make it easier than ever to get into unsustainable debt situations.All of these personal loans can be discharged in bankruptcy.Cash advance loans One of the common debts we eliminate in bankruptcy is a cash advance loan. Interest rates for these types of loans are usually sky-high.This includes cash advances, even if you have signed an application form that says you won’t file bankruptcy. In 35 years of practice I have never had a problem discharging a cash advance loan.Foreclosure and repossession deficienciesAfter someone's home is foreclosed or vehicle is repossessed, they will probably be sued for the “deficiency.” All of these debts are discharged in bankruptcy.  There's more bad news. Even if the creditor doesn’t sue you, they will normally report the debt on your credit report, causing more damage, in some cases, over time, than if they had sued.  You can file bankruptcy to get rid of these debts. Some of these creditors will be very aggressive and try to take money from your paycheck or your bank account. But if you file Chapter 7 or Chapter 13, then you can start over, rebuild credit with no debt, and get your life back.		
			Rebuild Your Credit		
		Most people think that if they file Chapter 7 or Chapter 13 bankruptcy in Findlay Ohio that they will have no credit or bad credit, for a years. And, sadly, many who file bankruptcy do. But it’s not because they have to. It’s because they don’t know how to recover their credit after filing bankruptcy.With my unique program, designed especially for my clients who discharge debt in bankruptcy, you can easily learn how to rebuild your credit after bankruptcy in Findlay Ohio.  To rebuild your credit after bankruptcy, you will need to have a plan that is both effective and easy.Turns out that discharging debt you could not have paid off in a reasonable time anyway can become a perfect beginning for you to rebuild your credit.Nearly all of my clients are able to follow my simple, yet powerful and effective credit recovery program. Commonly, they get FICO scores of 650 – 700 within a year of the Chapter 7 bankruptcy discharge, or even while they are still in the middle of their Chapter 13 bankruptcy case. These are typical results. Some of my clients even get higher scores!		
			How A Findlay Bankruptcy Attorney Can Help.		
		Being deep in debt in Findlay  Ohio is not a good place to be. If you live in Findlay, Ohio, your bankruptcy case will be filed in the Toledo Bankruptcy Court.While there are many attorneys in Findlay, there is only one board certified consumer bankruptcy specialist, recognized by the Ohio Supreme Court, and that's Richard West, who is certified by the American Board of Certification.You may not need to file bankruptcy, and Richard West knows this, because he is also a certified debt specialist, and can advise you on your non-bankruptcy options as well as explain how bankruptcy might benefit you.When your situation calls for you to file Chapter 7 bankruptcy or Chapter 13 bankruptcy in Findlay, Ohio, you want to use a certified specialist to get the best results.Why?  Because you can only be sure you have the best option by reviewing all options. This is  just common sense. Everyone understands that if you have a serious problem, you get a specialist to help. The decision you make today will affect you for many years.It's important to get this right, the first time. Get an experienced and trusted Findlay  Debt AttorneyCall us at (419) 333-1660 or fill out our free bankruptcy evaluation form.		
					
							
										Free Confidential Consultations
									
								
										Trusted By 30,000 Clients
									
								
										Over 350 4.9 Google Reviews
									
								
										No Legal Fees Up Front (Ch 13)
									
								
										Affordable Payment Plans
									
								
										Remote Consultations
									
								
										File Online
									
								
										We Care About Your Future
									
						
				
			We Service the Following Cities and Communities near Findlay, Ohio.		
					
							
										Bowling Green, OH
									
								
										North Baltimore, OH
									
								
										Van Buren, OH
									
								
										Arcadia, OH
									
								
										Fostoria, OH
									
						
					
							
										Tiffin, OH
									
								
										Fremont, OH
									
								
										Carey, OH
									
								
										Marion, OH
									
								
										Kenton, OH
									
						
					
							
										Piqua, OH
									
								
										Napoleon, OH
									
								
										Defiance, OH
									
								
										Delphos, OH
									
								
										Arlington, OH
									
						
					
							
										Mt Blanchard, OH
									
								
										Holgate, OH
									
								
										Hancock County, OH
									
						
			Ready? Get on the Road to Bankruptcy Recovery		
		We are still open for remote filings in Findlay and remote consultations during the pandemic. All consultations are free and there is no catch. We only work with clients who want to work with us. Nothing high-pressure. We look forward to assisting you.		
					
														Get A Free Consultation
					
									OR								
										
														Call (419) 333-1660

### Lima

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			Lima Bankruptcy Attorney		
		Board Certified,Trusted Expertise Since 1986Since 1986, Richard West Law Office has helped over 30,000 families explore options for debt relief, including Chapter 7 & Chapter 13.  Because Richard West is trained, certified and experienced in ALL forms of debt relief, you can be sure that he'll help you find the one that's best for your needs.		
				
					Over 30,000 Families Served
				
								Since1986, We have been the authority for debt relief and credit recovery. 
				
					Your Case Will Be Approved
				
								You can depend on us.  We're one of the oldest Debt Relief firms in the State of Ohio. 
			Over 30 Years
Fighting Credit Card Predators		
					
							
										30,000 Clients Served
									
								
										Bankruptcy Attorney Since 1986
									
								
										Board Certified Bankruptcy Attorney
									
								
										Certified Credit Counselor
									
								
										Certified Debt Arbitrator
									
						
					
							
										A+ Better Business Bureau
									
								
										Over 350 Positive Google Reviews 4.9 -5.0
									
								
										Trusted by Thousands of Clients
									
								
										Member of Association of Consumer Bankruptcy Attorneys
									
						
																										
			Why Should I Hire a Lima Bankruptcy Attorney?		
		There are many in Lima Ohio who need to consult a bankruptcy lawyer for help with their finances. Richard West says that filing for bankruptcy should not be considered your last resort as it is often said to be. In fact, considering bankruptcy as a debt relief option should be considered earlier than later.Bankruptcy, as a debt relief tool, offers many advantages over other options where you essentially are taking chances that you'll get out of debt. Debt management programs can't guarantee your success.It's dangerous to gamble with ineffective debt management programs when you need to file for bankruptcy. These non-bankruptcy programs seem to be more interested in signing you up regardless of your chances for success. I have seen too many people try these programs when it is clear to me that they NEVER should have considered them in the first place.Call the Lima Ohio bankruptcy attorney who helps you compare all your options, and explains why one will be the best choice for your situation.And, you should know that Chapter 13 bankruptcy, in many cases, offers a better result than Chapter 7. Sometimes, you can save thousands of dollars in Chapter 13, even if you do qualify for Chapter 7.		
			Richard West Law Office		
		(419) 333-1660		
													
															
																										
			By Filing for Bankruptcy Relief in Lima You Can		
			Wipe Out Debt, Keep Your Property & Rebuild Your Credit		
		Are you a Lima, Ohio resident who is burdened with debt? Start here for an explanation on Bankruptcy options.		
			Chapter 7		
			
						
			Chapter 13		
			
						
			NON-Bankruptcy Options		
			
						
			THE COST OF AN ATTORNEY		
			
						
			Sources of debt in Lima		
			
						
			How we can Help		
			
						
			Chapter 7 Bankruptcy		
			Personal Chapter 7 Bankruptcy Attorney		
		What is Chapter 7 bankruptcy ?Chapter 7 bankruptcy, also called straight bankruptcy, is an option when you cannot repay your debt using a repayment plan or other alternatives. Chapter 7 allows you to wipe out most of your debts so you can start with a clean slate and keep all of the property that you currently own.The benefits of filing for Chapter 7 bankruptcy Chapter 7 bankruptcy offers the chance to get rid of debt. It’s also a very fast process that can be completed within a few months in most cases. Bankruptcy doesn’t discharge all debts but does remove many.Most people keep their homes and cars in bankruptcy, wiping out all unsecured debts like credit cards, personal loans and medical bills.If you are considering filing for Chapter 7 bankruptcy, we have a credit rebuilding program that is designed to help rebuild your credit. Within one year of finishing our 1-year follow-up program, most clients will see their credit scores increase to 650 - 700.		
			Chapter 13 Bankruptcy		
			Personal  Chapter 13 Bankruptcy		
		What is Chapter 13 bankruptcy ?Chapter 13 bankruptcy is a reorganization, also referred to as a wage earner plan.When you file Chapter 13 bankruptcy, technically you repay some of your debts. But often, not much, in your 3-to-5 year plan.  Many of the Chapter 13 plans I create pay very little, often 1% of the debt. Effectively, these plans are a lot like Chapter 7 bankruptcy.Chapter 13 bankruptcy provides significant protections for you compared to the Chapter 7. For example, you can cure arrearages on your house and car in a Chapter 13. You cannot do this in a Chapter 7. In Chapter 7 you are generally required to be current on these debts to keep the car or house.Chapter 13 protects you the entire time 3 to 5 year period.Chapter 13 bankruptcy is an excellent way to protect valuable property that you have more equity in than you could protect in a Chapter 7. Example: Your car equity is only protected up to $4,000. So, if you owned a car worth $10,000, and owned it free and clear, and if you filed a chapter 7, you would either lose it or have to pay the trustee to keep it. In a Chapter 13, you would simply pay a small amount to your creditors in order to keep the car. A much better result.		
			Debt Settlement & Debt Negotiation		
		Debt settlement can have drastic effects on your credit score, making it difficult to acquire new loans.Shifting to debt negotiation can have pros and cons. One of the disadvantages is a lower borrowing power for years post-settlement which may make it difficult for you or others related to you - such as banks, spouses or government programs - to borrow money during those periods.Credit counselors warn that debt settlement is not good for your credit and can be a bad decision. It's better to file bankruptcy in most cases and you pay little or nothing on your debts and then they are reported as zero balance.Your credit is hurt for a much longer time in debt settlement, and you will normally pay a lot more to your creditors in the process.		
			The Cost of a Bankruptcy Attorney in Lima		
		If you are filing for bankruptcy, it is only natural that you would be concerned with the cost of retaining or hiring a Bankruptcy Attorney in Lima Ohio. You will find, after doing some research, that the cost of hiring a bankruptcy attorney in Lima may not be as intimidating as you think. Here are some things to consider when looking at how much it will cost to hire a bankruptcy attorney:Hiring A Bankruptcy Attorney - if you decide to enlist the help of a professional to help you through the bankruptcy process, you will need to determine how much it will cost. A good attorney will not be able to tell you, in advance of learning about you and your situation what you need, so beware of attorneys who advertise a price without asking about your situation first.  Quoting a price for services "blindly" is a huge red flag.  Like a doctor quoting the price of a treatment or surgery without even examining you first. Filing Fees -  and legal fees.  There are costs, like filing fees, credit report fees, credit counseling fees.  And then there are the legal fees.  Some attorneys charge a flat fee, some charge by the hour.  You should be given a written contract and fee estimate at the beginning of the engagement. A word of caution. Hiring a cheap bankruptcy attorney in Lima can lead to mistakes that will cost you years down the line. Bankruptcy mills are common and they rifle through paperwork which leads to mistakes. You need an attorney experienced bankruptcy lawyers who is versed in bankruptcy law to get the most of filing.                                                                                                                         		
			Source of Debt in Lima		
		MedicalAccording to a recent CNBC article, almost one third of us have medical bill balances over $10,000! If you have this problem, you have lots of company. Even if you have insurance, one serious illness can sink your finances.Student LoansNearly half of college students from 18 to 29 years old, have student loans   Lima students are no exception, and these loans are reported on your credit and will lower your score if you default. And default can easily increase the balance you owe, making it difficult or impossible to ever get out of student loan debt. Bankruptcy doesn’t discharge student loans but wiping out other debts often makes it possible to get a handle on your student loans.Credit CardsCredit cards are always a part of modern life, but if you're not careful, it's easy to get into trouble with them. Relying on cash advances or balance transfers and "teaser rates" can cause problems before you know it. And getting too many credit cards can make it too easy to overspend and avoid your responsibility in theMortgage DebtA home purchase is the American Dream. Interest rates are at historic lows for many reasons. Houses prices seem to be at an all time high, and panic has set in with many people keen on taking advantage of this low interest boom before it ends. Too often times, buyers, especially first-time buyers fail to recognize that there are fees that come with mortgages, and the interest rate is just one of them.Family LoansIn these difficult economic times, some people may be desperate to get a loan from their family members. And sometimes they'll agree -- as long as you pay them back! There's nothing necessarily wrong with doing this if it's done right. But beware that these can cause problems in bankruptcy.LawsuitsThe news of a lawsuit letter is always frightening at first, but the action you take afterwards dictates how the situation will eventually turn out. It's important to know why the lawsuit happened and when it was filed. Fast action is the key to avoiding garnishment.		
			Sources of Debt		
					
							
										Medical Debt
									
								
										Student Loan Debt
									
								
										Credit Card Debt
									
								
										Mortgage Debt
									
								
										Court Ordered Debt
									
						
			What They Can Claim		
					
							
										Foreclosure
									
								
										Car Repossession
									
								
										Wage Garnishment
									
						
			What They Can Cause		
					
							
										Stress
									
								
										Anxiety
									
								
										Divorce
									
								
										Suicide
									
								
										Depression
									
						
			What Debts Can and Can Not Be Discharged?		
		Common Debts Discharged in BankruptcyMost types of consumer bills are discharged in a bankruptcy case, but some are not. Generally most taxes, child support debt, and student loans are not discharged. Here are the most common debts we discharge for our clients, helping them to get a fresh start.Credit Card DebtCredit card debt is the number one top reason we file for Chapter 7 or Chapter 13 bankruptcy.If you analyze it, you will see that you have probably paid your credit cards much more than you have actually purchased, and most of what you pay is interest rates, late fees and over-limit fees. You even the score by filing bankruptcy. And don’t be concerned that you won’t get new credit.  You WILL be able to get new credit cards. Discharging debt on credit cards can be the beginning of better credit.Medical BillsAnother primary reason for filing consumer bankruptcy is unpaid medical bills. Even if you have health insurance, the sky-high deductibles make any medical problem a potential financial disaster.Dishcharging medical debt in bankruptcies  necessary in many situations. Even if you do discharge medical debt, you WILL always be able to go to the emergency room if you need to. Personal LoansPersonal loans can be a huge problem for Americans as money companies - One Main, Mariner, Tracir and the like- make it possible to get into impossible debt situations. Bankruptcy is the escape route for many in this situation, because these personal loans can be discharged in bankruptcy.Cash Advance Loans One of the most difficult kinds of loans to get out of, cash advance loans are another common debt we wipe out in bankruptcy. The interest rates are unbelievably high.Cash advance loans are dischargeable in bankruptcy. Sometimes you sign an application that indicates you won’t file bankruptcy. These are not enforceable.Foreclosure and Repossession DeficienciesAfter foreclosure our repossession, you will probably be sued for the “deficiency.” The deficiency is discharged in bankruptcy, as it is now just another unsecured loan.Even if you don't get sued, creditors will normally park the debt on your credit report. Parking debt this way lowers your score for years. Bankruptcy will wipe this balance off of your credit report, and prevent this damage to your score.You have the right under Federal Bankruptcy Law to discharge these debts. Aggressive creditors are, more an more, seeking to garnish your pay or wipe out your bank accounts. Chapter 7 or Chapter 13 bankruptcy can protect you from these aggressive collection tactics.		
			Rebuild Your Credit		
		Unfortunately, many people believe that filing for Chapter 7 or Chapter 13 bankruptcy in Lima Ohio means they will have poor credit for years. In truth, this is not the case; it's because these bankruptcy filers do not know how to get their credit score back up after filing.As a certified credit counselor with financial experience, I am able to share the successful plan that I created in order to rebuild my own credit, after I was, myself, insolvent.Wiping the slate clean and starting over from scratch can be a great way to start rebuilding your credit.  Using my customized credit rebuilding program, most of my clients achieve credit scores of 650-700 within a year of their discharge from bankruptcy.		
			How A Lima Bankruptcy Attorney Can Help.		
		Deep in debt in Lima Ohio is not where you want to be.If you live in Lima, your case will be filed in the Toledo Bankruptcy Court   While there are several attorneys in Lima, you’ll find that there are only two board certified consumer bankruptcy specialists, recognized by the Ohio Supreme Court.Richard West, who is certified by the American Board of Certification, is one of them.At West Law Office, we’ll be the first to tell you that filing a bankruptcy is NOT the best solution for everyone.Because Richard West is a certified debt specialist, he will help you review all kinds of options, and he frequently recommends that clients pursue non-bankruptcy debt relief options.  Some folks just don’t need to file bankruptcy. Over his career, spanning over 35 years, he has recommended that many clients do not file bankruptcy.  Instead, he helped them to find non- bankruptcy debt relief programs.And, all of this is just plain old common sense. For example, we all know that when you have a serious problem, you better get a certified specialist help you fix it.If you’re reading this, you are probably at a point in your life where the choices you make concerning getting the help you need will dictate your financial future.This is a critical point.You need to get this right, the first time.  Let us help.Call for a free consultation today and you’ll sleep better tonight.		
					
							
										Free Confidential Consultations
									
								
										Trusted By 30,000 Clients
									
								
										Over 350 4.9 Google Reviews
									
								
										No Money Down
									
								
										Affordable Payment Plans
									
								
										Remote Consultations
									
								
										File Online
									
								
										We Care About Your Future
									
						
				
			We Service the Following Cities and Communities near Lima, Ohio.		
					
							
										Elida, OH
									
								
										Van Wert, OH
									
								
										Celina, OH
									
								
										Findlay, OH
									
								
										Sidney, OH
									
						
					
							
										Bellefontaine, OH
									
								
										Defiance, OH
									
								
										Piqua, OH
									
								
										Napoleon, OH
									
								
										Fostoria, OH
									
						
					
							
										Urbana, OH
									
								
										Troy, OH
									
								
										Bowling Green, OH
									
								
										Marysville, OH
									
								
										Fort Shawnee, OH
									
						
					
							
										Yoder, OH
									
								
										Slabtown, OH
									
								
										Elmview, OH
									
								
										Allentown, OH
									
								
										Rousculp, OH
									
						
			Ready? Get on the Road to Bankruptcy Recovery		
		We are still open for remote filings in Lima and remote consultations during the pandemic. All consultations are free and there is no catch. We only work with clients who want to work with us. Nothing high-pressure. We look forward to assisting you.		
					
														Get A Free Consultation
					
									OR								
										
														Call (419) 333-1660

### Cincinnati

[rank_math_breadcrumb]		
			Cincinnati Ohio Bankruptcy Attorney		
		When you need sound advice on Bankruptcy in Cincinnati, Richard West has your answers.Since 1986, Richard West Law Office has been representing clients in Cincinnati in practice area of US Bankruptcy Law. We have filed over 30,000 cases in the state of Ohio and have a track record of maximizing savings in Bankruptcy cases.		
				
						Over 30,000 Families Served					
				
									
						Since1986, We have been the authority for debt relief and credit recovery. 					
				
						Your filing will be approved!					
				
									
						You can depend on us.  We're one of the oldest Debt Relief firms in the State of Ohio. 					
			Over 30 Years
Fighting Credit Card Predators		
					
							
										30,000 Clients Served
									
								
										Bankruptcy Attorney Since 1986
									
								
										Board Certified Consumer Bankruptcy Attorney
									
								
										Certified Credit Counselor
									
								
										Certified Debt Arbitrator
									
						
					
							
										A+ Better Business Bureau
									
								
										Over 350 Positive Google Reviews 4.9 -5.0
									
								
										Trusted by Thousands of Clients
									
								
										Member of Association of Consumer Bankruptcy Attorneys
									
						
																										
		Why Should You Hire a Cincinnati Bankruptcy Attorney?Many in Cincinnati Ohio need a bankruptcy attorney to help them get control over their finances. There are many options, and bankruptcy should not be your "last resort" as is often said. Think of it this way. If you need surgery, why would you waste time trying to treat yourself with drug store remedies? If you need bankruptcy, don't waste your time with ineffective debt management programs, that only make money for them, and could end up getting you sued! Call the Cincinnati Ohio bankruptcy attorney who can help you compare all your options, and explain why, in most cases, one option is clearly the best for your unique situation.   And, you might be surprised to learn how Chapter 13 bankruptcy offers more advantages than Chapter 7 Bankruptcy!  So, don't settle for a Chapter 7 Bankruptcy attorney who can't explain your options in in Chapter 13 as well. You could be missing out on thousands of dollars saved if you do.		
			Richard West Law Office		
		700 Walnut St #305, Cincinnati, OH 45202
Phone: (513) 214-0003		
													
															
		 		
																										
			By Filing for Bankruptcy Relief in Cincinnati You Can		
			Wipe Out Debt, Keep Your Property & Rebuild Your Credit		
		Are you a Cincinnati, Ohio resident who is burdened with debt? Start here for an explanation on Bankruptcy options.		
			Chapter 7		
			
						
			Chapter 13		
			
						
			NON-Bankruptcy Options		
			
						
			THE COST OF AN ATTORNEY		
			
						
			Sources of debt in Cincinnati		
			
						
			How we can Help		
			
						
			Chapter 7 Bankruptcy		
			Personal Chapter 7 Bankruptcy Attorney		
		Last year, 2020, was a tough year for many in Cincinnati Ohio, and thousands of families and individuals in Ohio filed for bankruptcy protection.  Most of these cases were Chapter 7 bankruptcy cases.  Chapter 7 is the most commonly filed form of bankruptcy in Cincinnati Ohio.   If your income, based on your family size, is under the median income for Ohio, you are presumed to qualify for Chapter 7 bankruptcy.  Since over half of us probably qualify for Chapter 7 Bankruptcy, it only makes sense to consider this option, if you are suffering from the kind of financial problems that require serious solutions. Chapter 7 bankruptcy, for most people, is the perfect way to wipe out debts, keep your property, and rebuild credit. Our proven program for credit rebuild often results in our clients getting better credit than they imagined possible, in record time! So, don't worry that you'll lose property or suffer from poor credit or no credit if you file Chapter 7 Bankruptcy. When we handle your case, you'll be back on track, with good credit, faster than you expect. 		
			Chapter 13 Bankruptcy		
			Personal  Chapter 13 Bankruptcy		
		Chapter 13 Bankruptcy  is probably the most powerful and flexible debt relief option that exists.  More people should file Chapter 13 bankruptcy than do, because many who qualify for Chapter 7 Bankruptcy don't consider the Chapter 13 Bankruptcy options.This is a sad fact. I see many families who come to me after being advised to file Chapter 7 bankruptcy and reaffirm on their cars who could have saved thousands of dollars if they file Chapter 13 Bankruptcy.And, Chapter 13 bankruptcy allows you to catch up on missed car payments, and missed house payments. For many of us, the pandemic and the sluggish economy has caused us to fall behind on payments.  There's no need to lose your home or car, when you have an option to stop foreclosure or repossession, and can get up to 5 years to catch up the missed payments in Chapter 13. And, with  our unique credit rebuilding program, you can actually rebuild your credit at the same time you are getting out of debt.		
			Debt Settlement & Debt Negotiation		
		Debt settlement is a risky approach. The decision to try this debt relief option should not be taken lightly. It can have life-long repercussions on your credit, as well as other unforeseen outcomes that could affect you financially in the future.Debt negotiation has many risks attached to it; one of which includes damage done to your credit for a lot longer than would be the case if you had filed bankruptcy.Compare this to a bankruptcy, where you pay little or nothing to your creditors and wipe the slate clean. Debt settlement will have more negatives than positives for most people.		
			The Cost of A Cincinnati Bankruptcy Attorney		
		Like many things in life, you get what you pay for. Finding the right bankruptcy lawyer for your needs should be considered an investment in your financial future. How many times in your life have you tried to save money, only to later discover that you end up paying more than you would have if you had only spent the right amount in the first place?Trying to save money by hiring a cut-rate, corner-cutting attorney could cost you many times what you think you are saving. It’s difficult to believe, but some attorneys think advertising for “cheap” legal services will net them more clients. The motivation here should be obvious.Would you go to the cheap heart surgeon? How about the cheap oncologist to treat your cancer? You don’t have to do this.At Richard West Law Office, we make our top-notch, board-certified expertise available to you in a way that you can afford it. Payment plans are customized to your budget. We start working for you, and protecting you, accepting all of your creditor calls right away. And, although we don’t advertise for it, in some cases, we will even accept your case for no money down.		
			Source of Debt in Cincinnati Ohio		
		MedicalAccording to a recent CNBC article, almost one third of families today have some kind of medical bills, and 28% of these have balances over $10,000! If you have medical debt that is making it difficult or impossible to meet your living expenses you are not alone. Even having insurance is no guarantee that you won’t be wiped out by even one serious medical issue.https://www.cnbc.com/2020/02/13/one-third-of-american-workers-have-medical-debt-and-most-default.htmlStudent loans - The majority of those who attend any kind of college, and 42% for those from 18 to 29 years old, have student loan debt. This is a HUGE problem in Cincinnati Ohio. And, student loan debt shows up on your credit report, lowering your score if you default, and in some cases the interest rate eventually doubles what you owe. While bankruptcy is not a solution for most people, getting rid of other debts often makes it possible to get a handle on your student loans.Credit cards - They seem like a necessary evil sometimes. The fact is that credit cards are a part of our lives and always will be. But, it’s very easy to get in trouble with them. Taking cash advances on credit cards, doing balance transfers – taking advantage of “teaser rates” can get you into trouble before you know it. And credit has never been easier to get! It seems like all you need to do is fill out a quick online form and your new card is in your mailbox. Getting too many cards makes it too easy to get in over your head.Mortgage debt - Home ownership is the American Dream. Interest rates are at historic lows. Housing cost is skyrocketing, and many are rushing to get a home before they should. Too often, home buyers, especially first time buyers, fail to recognize that there are many costs in addition to the mortgage, interest, taxes and insurance that go along with owning a home. When they borrow up to their maximum, and leave nothing in the budget for these other expenses, the new home dream can become a real nightmare. Sometimes it’s better to let it go, reset, and regroup.Lawsuits - Nothing creates a sense of panic and fear like getting a lawsuit in the mail. Yet, rather than working with customers, more and more creditors are simply turning delinquent accounts over to law firms to sue you. Once a debt is turned over to a law office for collection, the end result is almost guaranteed to be a judgment against the consumer. Once that happens the creditor can use “all legal methods” to collect the debt, like garnishment, liens and repossession and foreclosure. Filing personal bankruptcy can stop these collection lawsuits, and protect your income and personal property.		
			Sources of Debt		
					
							
										Medical Debt
									
								
										Student Loan Debt
									
								
										Credit Card Debt
									
								
										Mortgage Debt
									
								
										Court Ordered Debt
									
						
			What They Can Claim		
					
							
										Foreclosure
									
								
										Car Repossession
									
								
										Wage Garnishment
									
								
										Bank Account Garnishment
									
								
										Personal Property Attachment
									
						
			What They Can Cause		
					
							
										Stress
									
								
										Anxiety
									
								
										Divorce
									
								
										Suicide
									
								
										Depression
									
						
			PROTECT YOURSELF FROM CREDITORS		
		You have rights. You are not helpless. We can help you stop the harassment and collections, the endless phone calls and lawsuits, and get your finances under control.Your financial future and peace of mind are at stake. Being deep in debt is deeply personal. I’ve been there, and understand from my own journey though financial disaster how you may feel. Debt problems are emotional as well as economic.Being in debt ruins your quality of life. Life is too short to waste any time feeling paralyzed and powerless. Call us for a free consultation, and you’ll sleep better tonight.		
			Types of Debts Discharged in Bankruptcy 		
		Common debts discharged in bankruptcyMost types of debt are discharged in a bankruptcy case. Some are not, like most taxes, child support debt, and student loans, but most of our debts are eligible for discharge. Here are the most common debts consumers wipe out, clearing the way for a fresh start.Credit card debt – Credit card debt is one of the top reasons we file for Chapter 7 or Chapter 13 bankruptcy. Truth is that you have probably paid the credit card companies much more than you have charged, due to high interest rated, late fees and over-limit fees. Filing bankruptcy evens the score, and don’t worry, you WILL be able to get new credit cards. Filing bankruptcy on credit cards can be the beginning of better credit.Medical bills – Another leading reason for bankruptcy is unpaid medical bills. Even though you may have health insurance, high deductibles make any medical situation a potential financial disaster. Filing bankruptcy on medical debt is common, even necessary in many situations. And, don’t worry, you will always be able to go to the emergency room if you need to.Personal loans – Personal loans are a huge problem in American. Finance companies like One Main, Mariner, Tracir, and, of course, all the new online loan companies, like BestEgg, Sofi, and Lending Tree make getting into impossible debt situations easier than ever. Fortunately, these personal loans can be discharged in bankruptcy.Cash advance loans – Cash advance loans are another common debt we wipe out in bankruptcy. The interest rates are unbelievable. Don’t worry. These are dischargeable in bankruptcy. This is true even though you may sign an application that says you won’t file bankruptcy. In 35 years of practice I have never failed to discharge a cash advance loan.Foreclosure and repossession deficiencies – If your home is foreclosed or your vehicle is repossessed, you will probably be sued for the “deficiency.” All of these debts are discharged in bankruptcy. And, even if the creditor doesn’t sue you, they will normally “park” the debt on your credit report, harming you more, in some cases, over time, than if they had sued. You have the right to wipe these debts out by filing bankruptcy. Some of these creditors are very aggressive, and will seek to garnish your pay or wipe out your bank accounts. Filing Chapter 7 or Chapter 13 can protect you from these aggressive collection tactics.		
			Rebuild Your Credit		
		Most people think that if they file Chapter 7 or Chapter 13 bankruptcy in Cincinnati Ohio that they will have to suffer no credit, or bad credit, for a long time. And, sadly, many do. But it’s not because they have to. It’s because they don’t know how to recover their credit after filing bankruptcy.Because I am a certified credit counselor, and had to rebuild my own credit after I went insolvent, I have created a very effective, yet easy to follow plan to rebuild credit quickly after discharging debt in bankruptcy.Turns out that wiping the slate clean is a perfect beginning for most people to be able to clear away all the wreckage of the past and begin to correctly rebuild their credit. It’s not magic, and it’s not hard. You just need a proven program that leads you, step by step, through the process.Most of my clients, virtually all of them who follow this simple, yet powerful program, achieve FICO scores of 650 – 700 within a year of their Chapter 7 bankruptcy discharge, or even while they are still in their Chapter 13 bankruptcy case. These results are typical. Some even get higher scores!		
			When Choosing A Bankruptcy Attorney in Cincinnati 		
		Be careful when your looking for a bankruptcy attorney near me; a cheap bankruptcy attorney in Cincinnati, or a $500 dollar bankruptcy attorney. Bankruptcy mills use the terms to trick unsuspecting potential clients into thinking they are going to save money. When in fact it could cost you more in the end. Experienced bankruptcy attorneys in Cincinnati have all heard of these bankruptcy nightmare scenarios, and in the end it will take an experience attorney to fix the problems that can occur.We offer affordable services to the clients that retain our bankruptcy law firm. But, every case is different depending on the complexity of the bankruptcy case.		
			How a Cincinnati Bankruptcy Attorney Can Help.		
		We offer our clients extraordinary expertise, compassion, and proven success for over 30 years. Being in debt in Cincinnati Ohio is not a good place to be. While Cincinnati is the the Queen City, it's also the home of the Cincinnati Bankruptcy Court for the Southern District of Ohio.  If you live in Hamilton County, your case will be filed in the  Cincinnati Bankruptcy Court. While there are many attorneys in Cincinnati, there are only two board certified consumer bankruptcy specialists, recognized by the Ohio Supreme Court, and one of them is Richard West, who is certified by the American Board of Certification.There are many factors to consider when evaluating your best option for debt relief. Richard West knows that bankruptcy is NOT the best option for everyone. That’s why he is also a certified debt specialist, and has helped many of his clients work out their debts in non- bankruptcy programs.Whether you need to file Chapter 7 bankruptcy or Chapter 13 bankruptcy in Cincinnati Ohio, your best bet is to get the best counsel you can. One who specializes in your kind of problem and is certified and experienced in ALL forms of debt relief.It’s just common sense. When you have a serious problem, you get a specialist to help. The decision you make to get the help you need now will have lasting and profound effects on your financial situation for years to come. You need to get this right, the first time, and the best way to do that, is to get the best bankruptcy attorney in Cincinnati Ohio for your needs. Call (513) 214-0003  or fill out our bankruptcy evaluation form for a free consultation.		
					
							
										Free Confidential Consultations
									
								
										Trusted By 30,000 Clients
									
								
										Over 350 4.9 Google Reviews
									
								
										No Legal Fee Up Front (Ch 13)
									
								
										Affordable Payment Plans
									
								
										Remote Consultations
									
								
										File Online
									
								
										We Care About Your Future
									
						
		
			We Service the Following Cities and Communities near  Cincinnati, Ohio.		
					
							
										Fairfield, OH
									
								
										Beckett Ridge, OH
									
								
										Springdale, OH
									
								
										White Oak, OH
									
								
										Miamitown, OH
									
								
										Mt Washington, OH
									
								
										Mt Lookout, OH
									
						
					
							
										Norwood, OH
									
								
										Silverton, OH
									
								
										Kenwood, OH
									
								
										Blue Ash, OH
									
								
										St Bernard, OH
									
								
										Mt Washington, OH
									
								
										Monfort Heights, OH
									
						
					
							
										Reading, OH
									
								
										Amberley, OH
									
								
										North College Hill, OH
									
								
										Loveland, OH
									
								
										Day Heights, OH
									
								
										Withamsville, OH
									
								
										Mt Carmel, OH
									
						
					
							
										Summerside, OH
									
								
										Brown County, OH
									
								
										Hamilton County, OH
									
								
										Butler County, OH
									
								
										Warren County, OH
									
								
										Clermont County, OH
									
								
										Clinton County, OH
									
						
			Ready? Get on the Road to Bankruptcy Recovery		
		We are still open for remote filings in Cincinnati and remote consultations during the pandemic. All consultations are free and there is no catch. We only work with clients who want to work with us. Nothing high-pressure. We look forward to assisting you.		
					
														Get A Free Consultation
					
									OR								
										
														Call (513) 214-0003

### Loraine

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			Loraine Bankruptcy Attorney		
		Top-Rated Chapter 7 and Chapter 13 Bankruptcy Attorney in Loraine, Ohio At Richard West Law Office, we have helped clients for over 30 years become debt free by representing them in US Bankruptcy Court. We have filed over 30,000 cases since 1986, and reviews speak for themselves. If you are considering bankruptcy as an option to gain control over your financial future, then our bankruptcy law firm can help.		
				
					Over 30,000 Families Served
				
								Since1986, We have been the authority for debt relief and credit recovery. 
				
					Your Case Will Be Approved
				
								You can depend on us.  We're one of the oldest Debt Relief firms in the State of Ohio. 
			Over 30 Years
Fighting Credit Card Predators		
					
							
										30,000 Clients Served
									
								
										Bankruptcy Attorney Since 1986
									
								
										Board Certified Bankruptcy Attorney
									
								
										Certified Credit Counselor
									
								
										Certified Debt Arbitrator
									
						
					
							
										A+ Better Business Bureau
									
								
										Over 350 Positive Google Reviews 4.9 -5.0
									
								
										Trusted by Thousands of Clients
									
								
										Member of Association of Consumer Bankruptcy Attorneys
									
						
																										
			Richard West Law Office		
		(216) 478-9991		
													
															
																										
			By Filing for Bankruptcy Relief in Loraine You Can...		
			Wipe Out Debt, Keep Your Property & Rebuild Your Credit		
		Are you a Loraine, Ohio resident who is burdened with debt? Start here for an explanation on Bankruptcy options.		
			Chapter 7		
			
						
			Chapter 13		
			
						
			NON-Bankruptcy Options		
			
						
			THE COST OF AN ATTORNEY		
			
						
			Sources of debt in Loraine		
			
						
			How we can Help		
			
						
			Chapter 7 Bankruptcy		
			Personal Chapter 7 Bankruptcy Attorney		
		Chapter 7 bankruptcy is often described as a liquidation proceeding in which the court has the power to order your creditors to be paid. The truth is that most (generally all) of your assets (such as clothing, furniture, etc.) are totally protected.   There is no court hearing, just a meeting with a trustee.Chapter 7 provides for a discharge of most debts.A few debts are not dischargeable.  These include child support, student loans, and most tax debts. You may not file a petition under chapter 7 if you have sufficient income to make a meaningful payment to your creditors.There is a "means test" which you may have to pass.Chapter 7 is the most commonly filed form of bankruptcy in Loraine. However, just because you qualify for Chapter 7, please be sure to check out Chapter 13, as you may get a better result in Chapter 13 even if you do qualify for Chapter 7.		
			Chapter 13 Bankruptcy		
			Personal  Chapter 13 Bankruptcy		
		Chapter 13 bankruptcy is a process by which individuals with regular income can catch up on their arrearages over time and have debts completely discharged upon completion of the plan.Chapter 13 usually works best for people who want to save their home from foreclosure or their car from repossession. Chapter 13 permits you to catch up on payments for property you want to keep, liek your car or your house.In some cases, you can actually use Chapter 13 to pay less for your car.And, in some situations we can strip off junior mortgages on your home.   Chapter 13 is more powerful, and more complex, than Chapter 7.  Therefore, it is important that the attorney you consult with is fully familiar with Chapter 13 law.		
			Debt Settlement & Debt Negotiation		
		Debt settlement, also known as "debt negotiation" or "debt arbitration", is a debt resolution option in which you hire a company to  work directly with your creditors to mutually agree upon an amount of money that you can afford to repay. Debt settlement companies are typically paid by you and/or provided by the creditor as part of the negotiation process.When debt settlement is successful it can save you thousands of dollars in interest charges. Though most people are able to settle their debts, this process can be time-consuming and may take several months before any substantive progress is made toward settling the total debt owed.You will have to pay taxes on any debt which is cancelled by your creditors.  Some creditors do not offer direct debt settlement plans, so you may be required to take a debt management plan (DMP) in order to settle your debts. This is the case when creditors have already purchased your accounts on the secondary markets and do not wish to assume any more of your debt than they have to.Debt settlement is NOT bankruptcy, though we will help you determine if it's right for you!		
			Source of Debt in Loraine		
		In the United States, more than 900,000 people file for bankruptcy every year. The reasons why people have to declare chapter 7 or chapter 13 bankruptcy vary from person to person. Many individuals are aware of how easily their lives can spiral suddenly out of control because all it takes is a single unexpected event such as an illness or job loss that causes them to no longer have the means to make ends meet.In Loraine Ohio, bankruptcy is a social safety net for many people who may face financial problems that are beyond their control or expertise to fix. More people file bankruptcy each year, because more people need to. The social stigma is practically gone, and we all understand that if you need to file bankruptcy, you should do so without delay and it is not a last resort.  In fact, the sooner you file the faster your financial recovery will be.		
			Sources of Debt		
					
							
										Medical Debt
									
								
										Student Loan Debt
									
								
										Credit Card Debt
									
								
										Mortgage Debt
									
								
										Court Ordered Debt
									
						
			What They Can Claim		
					
							
										Foreclosure
									
								
										Car Repossession
									
								
										Wage Garnishment
									
						
			What They Can Cause		
					
							
										Stress
									
								
										Anxiety
									
								
										Divorce
									
								
										Suicide
									
								
										Depression
									
						
			Types of Debts Discharged in Bankruptcy 		
		Common debts discharged in bankruptcyMost types of debt are discharged in bankruptcy, including most taxes, child support and certain educational loans.Credit card debtCredit card debt is the number one cause for filing for Chapter 7 or Chapter 13 bankruptcy.The credit card companies have charged you more than they should have, and high interest rates will only make things worse. The Fair Isaac Corporation has stated that bankruptcy is sometimes the best option to get a jump-start on your finances. Don't worry; filing bankruptcy doesn't mean you'll never be able to buy anything else. It's just the first stepMedical billsMedical bills are among the leading causes for bankruptcy, even if you have health insurance. If your deductible is too high, it could be impossible to afford the bill.Filing bankruptcy on medical bills is commonplace, and it may be necessary to do so.  Don't be afraid that a discharge of these debts will stop you from being able to access hospital care.Personal loansPersonal loans are a huge problem in the USA. Online companies like Lending Tree, Sofi, and BestEgg make it easy to get into serious debt trouble.But, happily, these loans can be discharged in bankruptcy.Cash advance loans A cash advance loan is a type of debt that we can get rid of in bankruptcy. They have extra-high interest rates.In bankruptcy court, it is important to know that cash advance loans will be forgiven under the law.A promise made on a cash application does not change this result.In my experience of 35 years as a consumer protection attorney and bankruptcy expert, I haveForeclosure and repossession deficienciesIIf your home is foreclosed or vehicle is repossessed, you will be sued for the “deficiency.” All these debts are discharged in bankruptcy and even if the creditor doesn’t sue you, they will harmfully report it to your credit which can do more damage over time than what would happen if they had just sued you.If the lender has sold the home at foreclosure or repossessed the vehicle, the deficiency is forgiven in bankruptcy and this debt will be listed on your credit report as a zero balance.Bankruptcy can help relieve you of credit card debt and other financial problems. Most creditors are aggressive in their pursuit to get what is owed to them. Filing for bankruptcy gives you protection from such tactics.		
			Rebuild Your Credit		
		Once you file for bankruptcy, all the debts are discharged and your credit card companies can no longer attempt to collect on past due payments. They will have a zero balance on your account and this will help you rebuild good credit over time.However, this alone will not help to recover your credit. You need the help of a proven program specifically designed for you after bankruptcy. We have a time tested program that does just that.Don't think you will have to suffer bad credit after wiping out your debts in bankruptcy.  Let us show you how to recovery good credit in record time. 		
			How A Loraine Bankruptcy Attorney Can Help.		
		If you live in Loraine, your case will be filed in the Toledo Bankruptcy Court. While there are several attorneys in Lima, there are only two board certified consumer bankruptcy specialists, recognized by the Ohio Supreme Court, Richard West, who is certified by the American Board of Certification, is one.We will review all your potential options for debt relief.  At West Law Office, we know that bankruptcy is not the best option for every situation. Richard West is a certified debt specialist, for non-bankruptcy debt relief options and he has assisted hundreds of families to find non- bankruptcy debt relief programs.  In these cases, the debt was better handled by a non-bankruptcy approach.Of course, all of this is just common sense. It’s a simple truth that when you have a serious problem, you get to a certified specialist for help. When you are at this critical point in your life, remember that the choices you make to get the help you need will necessarily result in long-term consequences on your financial life.You really do need to get this right, the first time.  We can help.Call us at (440) 252-0111 for a free consultation today or fill out our Loraine Bankruptcy Evaluation Form and you’ll sleep better tonight.		
					
							
										Free Confidential Consultations
									
								
										Trusted By 30,000 Clients
									
								
										Over 350 4.9 Google Reviews
									
								
										No Legal Fees Up Front (Ch 13)
									
								
										Affordable Payment Plans
									
								
										Remote Consultations
									
								
										File Online
									
								
										We Care About Your Future
									
						
				
			We Service the Following Cities and Communities Near Lorain, Ohio.		
					
							
										Wapakoneta, OH
									
								
										Van Wert, OH
									
								
										Celina, OH
									
								
										Findlay, OH
									
								
										Sidney, OH
									
						
					
							
										Bellefontaine, OH
									
								
										Defiance, OH
									
								
										Piqua, OH
									
								
										Napoleon, OH
									
								
										Fostoria, OH
									
						
					
							
										Urbana, OH
									
								
										Troy, OH
									
								
										Bowling Green, OH
									
								
										Marysville, OH
									
								
										Fort Shawnee, OH
									
						
					
							
										Yoder, OH
									
								
										Slabtown, OH
									
								
										Elmview, OH
									
								
										Elmview, OH
									
								
										Allentown, OH
									
						
			Ready? Get on the Road to Bankruptcy Recovery		
		We are still open for remote filings in Loraine, Ohio and remote consultations during the pandemic. All consultations are free and there is no catch. We only work with clients who want to work with us. Nothing high-pressure. We look forward to assisting you.		
					
														Get A Free Consultation
					
									OR								
										
														Call (216) 478-9991

### Bankruptcy Evaluation

Free Ohio Bankruptcy Evaluation		
		Fill out the Ohio Bankruptcy Evaluation. It is meant to be for those who may be considering bankruptcy as an option to get a hold of their overwhelming debt so we can determine the best course of action for you.		
                
                        Your financial problems(Required)
								
								Credit Card Problems
								
								Medical Bill Problems
								
								Behind on Mortgage Payments
								
								Behind on Car Payments
								
								Other
							Please Explain OtherWhat caused your problem?(Required)
								
								Loss of Job
								
								Health Problems
								
								Divorce
								
								Other
							Please Explain OtherWhat debt collection problems are you experiencing?(Required)
								
								Garnishments
								
								Lawsuits or Threat
								
								Telephone Harassment
								
								Other
							Please Explain OtherName(Required)
                                                    
                                                    First
                                                    
                                                    Last
                        Email(Required)
                            
                        Phone(Required)Anything Else?Consent(Required) I agree to the privacy policy.You may view our privacy policy here.

### Springfield

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			Springfield Bankruptcy Attorney		
		Trusted, 35 Years Experience Bankruptcy Attorney in Springfield, Ohio - Richard West Law OfficeAt Richard West Law Office, we have been supplying Springfield, Ohio residents with the tools they need to become debt free since 1986. We have over 30 year of experience as a bankruptcy law firm. We know that Ohio residents don't want to be burdened with debt for another day, and that is the main reason we treat our clients with understanding and compassion while giving them sound advice on bankruptcy options.		
				
					Over 30,000 Families Served
				
								Since1986, We have been the authority for debt relief and credit recovery. 
				
					Your Case Will Be Approved
				
								You can depend on us.  We're one of the oldest Debt Relief firms in the State of Ohio. 
			Over 30 Years
Fighting Credit Card Predators		
					
							
										30,000 Clients Served
									
								
										Bankruptcy Attorney Since 1986
									
								
										Board Certified Bankruptcy Attorney
									
								
										Certified Credit Counselor
									
								
										Certified Debt Arbitrator
									
						
					
							
										A+ Better Business Bureau
									
								
										Over 350 Positive Google Reviews 4.9 -5.0
									
								
										Trusted by Thousands of Clients
									
								
										Member of Association of Consumer Bankruptcy Attorneys
									
						
		Our Springfield OH Bankruptcy Attorney services are provided to residents in Clark County, Champaign County, Greene County, Madison County and Union Township.		
			Richard West Law Office		
		(937) 224-3648		
													
															
																										
			By Filing for Bankruptcy Relief in Springfield You Can		
			Wipe Out Debt, Keep Your Property & Rebuild Your Credit		
		Are you a Springfield, Ohio resident who is burdened with debt? Start here for an explanation on Bankruptcy options.		
			Chapter 7		
			
						
			Chapter 13		
			
						
			NON-Bankruptcy Options		
			
						
			THE COST OF AN ATTORNEY		
			
						
			Sources of debt in Springfield		
			
						
			How we can Help		
			
						
			Chapter 7 Bankruptcy		
			Personal Chapter 7 Bankruptcy Attorney		
		Tough times mean tough decisions. If you're considering bankruptcy, it's a good idea to get some legal advice before filing for Chapter 7 in Springfield Ohio . An attorney can help you evaluate your assets and debts to determine whether bankruptcy is right for you.Chapter 7 is also known as liquidation bankruptcy. It requires submitting a petition to the court, then giving up any property that doesn't fit into your state's exemptions. An attorney can help you with this process by explaining the law and forms involved in Chapter 7 and representing you in court if needed.Our bankruptcy attorneys can help you determine if Chapter 7 or Chapter 13 is best for your situation.		
			Chapter 13 Bankruptcy		
			Personal  Chapter 13 Bankruptcy		
		Chapter 13 bankruptcy is a reorganization plan. It lets you pay off  your debts based on your ability to pay, over time, usually up to 5 years.  Sometimes these plans pay only a penny on the dollar, and can save thousands of dollars on your automobiles, making Chapter 13 much better than Chapter 7 in some cases.In Chapter 13 bankruptcy, you make payments to a trustee who in turn distributes the funds among your creditors.Chapter 13 bankruptcy can reduce or even eliminate what you owe on many debts, and this makes it p;ossible for you to save your home from foreclosure.A bankruptcy attorney can help you discuss the benefits of each type of bankruptcy, then determine which one is right for you.		
			Debt Settlement & Debt Negotiation		
		Debt settlement is a way to avoid bankruptcy and pay off debt by negotiating with creditors and agreeing on the amount that will be paid back in full. There are some people who are opposed to filing bankruptcy.  They consider this option as a way for them to save money without filing bankruptcy. But, there are many risks involved with debt settlement.The main risk of is that it just won’t work.If you don't have enough extra money in your budget to settle your debts, then you're just going to make matters worse. You'll end up with more debt, which will result in more interest charges and in most cases, your credit scores will take a big hit!Another risk is that creditors may sue you.Because debt settlement is 100% voluntary, the creditors may not work with you.  Compare this to bankruptcy, which forces the creditors to take nothing, or less than what you owe, debt settlement is purely optional for your creditors.It's a big risk.  Many people end up filing bankruptcy anyway. And, debt settlement is worse, for a longer period of time, for your credit. 		
			The Cost of A Springfield Bankruptcy Attorney		
		In life, you get what you pay for. And that's especially true when it comes to bankruptcy lawyers. Sure, it may seem expensive - but just think about how many times in the past you've tried saving money only to end up spending more than if we had spent at the beginning? Investing now could save us a lot of time and trouble later on down the line!The many people that try to save money by hiring a cut-rate, corner cutting attorney are risking their legal future. You may believe you’re saving some cash but it could cost you much more in the long run because any lawyer worth his salt will know what they can get away with and charge accordingly for those services. The motivation behind these attorneys is clear: advertising as “cheap” lawyers often nets them clients who don't even realize they're paying too little until after things have gone wrong (and there's no turning back at this point).Would you go to the "cheap" heart surgeon? How about the “cheap” oncologist to treat your cancer? You don't have to do this. At Richard West Law Office, we make our top-notch, board certified expertise available in a way that fits with any budget - payment plans are customized specifically for each individual's needs and wants. We start working for you right away so that creditors will stop calling as soon as possible; or if they're not interested at all (even though it is rare), then no money down payments required!		
			Source of Debt in Springfield		
		Springfield Ohio is no stranger to those filing for bankruptcy protection. In 2020, the median income level in Springfield Ohio is projected to be $55,637. This number refers to the amount of money earned in a full year by a single individual or family unit residing within the city limits.		
			Sources of Debt		
					
							
										Medical Debt
									
								
										Student Loan Debt
									
								
										Credit Card Debt
									
								
										Mortgage Debt
									
								
										Court Ordered Debt
									
						
			What They Can Claim		
					
							
										Foreclosure
									
								
										Car Repossession
									
								
										Wage Garnishment
									
						
			What They Can Cause		
					
							
										Stress
									
								
										Anxiety
									
								
										Divorce
									
								
										Suicide
									
								
										Depression
									
						
			Types of Debts Discharged in Bankruptcy 		
		Common debts discharged in bankruptcyMost types of debt are discharged in a bankruptcy case.  Some are not, like most taxes, child support debt, and student loans,Most of our debts are eligible for discharge.  Credit card debtCredit card debt is one of the top reasons we file for Chapter 7 or Chapter 13 bankruptcy.Truth is that you have probably paid the credit card companies much more than you have charged, due to high interest rated, late fees and over-limit fees. Don’t worry, you WILL be able to get new credit cards, after you wipe out the ones you have, and this will be the  beginning of better credit.Medical billsAnother leading reason for bankruptcy is unpaid medical bills.  Even though you may have health insurance, high deductibles make any medical situation a potential financial disaster.Filing bankruptcy on medical debt is common, even necessary in many situations.  And, don’t worry, you WILL always be able to go to the emergency room if you need to. Personal loansPersonal loans are a huge problem in American.  Finance companies like One Main, Mariner, Tracir, and, of course, all the new online loan companies, like BestEgg, Sofi, and Lending Tree make getting into impossible debt situations easier than ever.Fortunately, these personal loans can be discharged in bankruptcy.Cash advance loansCash advance loans are another common debt we wipe out in bankruptcy.  Don’t worry. These are dischargeable in bankruptcy.  This is true even though you may sign an application that says you won’t file bankruptcy.  In 35 years of practice I have never failed to discharge a cash advance loan.Foreclosure and repossession deficienciesIf your home is foreclosed or your vehicle is repossessed, you will probably be sued for the “deficiency.”  All of these debts are discharged in bankruptcy.   And, even if the creditor doesn’t sue you, they will normally “park” the debt on your credit report, harming you more, in some cases, over time, than if they had sued.  You have the right to wipe these debts out by filing bankruptcy.  Some of these creditors are very aggressive, and will seek to garnish your pay or wipe out your bank accounts.  Filing Chapter 7 or Chapter 13 can protect you from these aggressive collection tactics.		
			Rebuilding Your Credit After Bankruptcy		
		Most people think that if they file Chapter 7 or Chapter 13 bankruptcy in Springfield Ohio that they will have to suffer no credit, or bad credit, for a long time. And, sadly, many do.  But it’s not because they have to.  It’s because they don’t know how to recover their credit after filing bankruptcy.Because I am a certified credit counselor, and had to rebuild my own credit after I went insolvent, I have created a very effective, yet easy to follow plan to rebuild credit quickly after discharging debt in bankruptcy.Turns out that wiping the slate clean is a perfect beginning for most people to be able to clear away all the wreckage of the past and begin to correctly rebuild their credit.  It’s not magic, and it’s not hard.  You just need a proven program that leads you, step by step, through the process.  Most of my clients, virtually all of them who follow this simple, yet powerful program, achieve FICO scores of 650 – 700 within a year of their Chapter 7 bankruptcy discharge, or even while they are still in their Chapter 13 bankruptcy case.  These results are typical.  Some even get higher scores!		
			How A Springfield Bankruptcy Attorney Can Help.		
		The bankruptcy process in Springfield, Ohio is complex. But we make it organized and some of our clients even say it's easy.As a respected Springfield, OH bankruptcy lawyer I have 35 years of experience helping people file for bankruptcy relief. I'll explain exactly how the process works and help you navigate every step of it.I also have a thorough understanding of the US Bankruptcy Code and Ohio state law which means I can make it faster, convenient, and less expensive for clients to get the relief they need.I practice exclusively bankruptcy law and that means all my time, attention, experience and energy is focused on helping you find a solution to your financial problems.I can take care of everything you need including:Helping you understand exactly how much debt relief you may qualify for;Calculating what your new monthly budget will look like;Helping you find solutions to keep your valuable assets;Call (937) 224-3648 now or fill out our bankruptcy evaluation form to get the help you need.		
					
							
										Affordable Payment Plans
									
								
										Free Confidential Consultations
									
								
										File Now - Pay Fees Later
									
								
										Trusted By 30,000 Clients
									
								
										No Legal Fee Up Front (Ch 13)
									
								
										Over 350 4.9 Google Reviews
									
								
										We Care About Your Future
									
						
			Free Consultation on Bankruptcy in Springfield		
                
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			We Service the Following Cities and Communities Outside and Inside of Springfield, Ohio.		
					
							
										Urbana
									
								
										Fairborn
									
								
										Tremont City
									
								
										Donnelsville
									
								
										Enon
									
						
					
							
										Catawba
									
								
										New Carlisle
									
								
										South Vienna
									
								
										South Charleston
									
								
										Medway
									
						
					
							
										Yellow Springs
									
								
										Christiansburg
									
								
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										Fairborn
									
								
										Cedarville
									
								
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			Ready? Get on the Road to Bankruptcy Recovery		
		We are still open for remote filings and remote consultations during the pandemic. All consultations are free and there is no catch. We only work with clients who want to work with us. Nothing high-pressure. We look forward to assisting you.		
					
														Get A Free Consultation
					
									OR								
										
														Call (937) 224-3648

### Hamilton

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			Hamilton Ohio Bankruptcy Attorney		
		Trusted Filer of Chapter 7 and Chapter 13 Bankruptcy in Hamilton, Ohio Bankruptcy is not something most people look forward to. It is never undertaken without careful consideration. There are many unforeseen dangers if you make a mistake.  Either by trying to do it yourself or by hiring the wrong lawyer.You may have heard of people who did not file for bankruptcy when they should have.  They now stuck with debts they cannot pay off, not having enough to cover living expenses, and may be facing major repercussions (such as garnished wages). They may be financially ruined.If you are considering bankruptcy, you need to get help from an experienced lawyer. To be sure you have covered all your bases, you should consult with an attorney who is certified in both bankruptcy law and non-bankruptcy options.Richard West, a board certified consumer bankruptcy specialist and certified debt arbitrator, can help you decide what the best solution to your difficult debt problems will be. The process of filing any kind bankruptcy is complicated. Not all lawyers will even attempt bankruptcy, as it is a complex area of the law.		
				
					Over 30,000 Families Served
				
								Since1986, We have been the authority for debt relief and credit recovery. 
				
					Your Case Will Be Approved!
				
								You can depend on us.  We're one of the oldest Debt Relief firms in the State of Ohio. 
			Over 30 Years
Fighting Credit Card Predators		
					
							
										30,000 Clients Served
									
								
										Bankruptcy Attorney Since 1986
									
								
										Board Certified Bankruptcy Attorney
									
								
										Certified Credit Counselor
									
								
										Certified Debt Arbitrator
									
						
					
							
										A+ Better Business Bureau
									
								
										Over 350 Positive Google Reviews 4.9 -5.0
									
								
										Trusted by Thousands of Clients
									
								
										Member of Association of Consumer Bankruptcy Attorneys
									
						
																										
		If you are in Hamilton, Ohio and need a bankruptcy lawyer to help with your finances, know that you are not alone.If you need surgery, you should get it from a doctor. You can't help yourself with drugs from the store. If you need bankruptcy, don't waste time on programs that only make money for them and could get you sued.Call Richard West, an experienced and trusted Hamilton Ohio bankruptcy attorney to find the best option for your situation.With a Chapter 13 Bankruptcy, you can have much greater freedom to keep your most important assets than if you had filed Chapter 7.Choosing a bankruptcy lawyer also means that you need to talk with more than one attorney and see what form of bankruptcy is the best option. Settling for Chapter 7 when Chapter 13 will give you a better result is a mistake. Don't make any final decision without discussing both options.		
			Richard West Law Office		
		(513) 342-3546		
													
															
																										
			By Filing for Bankruptcy Relief in Hamilton You Can		
			Wipe Out Debt, Keep Your Property & Rebuild Your Credit		
		Are you a Hamilton, Ohio resident who is burdened with debt? Start here for an explanation on Bankruptcy options.		
			Chapter 7		
						
			Chapter 13		
						
			NON-Bankruptcy Options		
						
			THE COST OF AN ATTORNEY		
						
			Sources of debt in Hamilton		
						
			How we can Help		
						
			Chapter 7 Bankruptcy		
			Personal Chapter 7 Bankruptcy Attorney		
		Chapter 7 bankruptcy is a form of bankruptcy that wipes clean and erases unsecured debt. As soon as you file bankruptcy, all lawsuits will be automatically dismissed. Any pending civil actions against you, which include repossessions and bank levies, will be immediately stopped.Chapter 7 is the most common form of bankruptcy. It completely erases unsecured debt such as credit cards and medical bills, personal loans. Your house or car can be kept, provided you want to keep them and are current on your payments.  You can keep, or reaffirm, these debts. However, if you don't make timely payments to your secured creditors after filing for bankruptcy, they can seize and repossess your house or car.  And, they can sue you later. So, reaffirmation is an important decision.Chapter 7 is also called a straight bankruptcy because it does not include a repayment plan.Although you may read on the internet that all of your assets are liquidated, which means sold to pay off creditors, this almost never happens.Most everything we own is protected by law, and so almost never will you lose any property in a Chapter 7.		
			Chapter 13 Bankruptcy		
			Personal  Chapter 13 Bankruptcy		
		Chapter 13 bankruptcy is a good way to deal with financial issues. It gives you one payment to make for all your debt, and this greatly simplifies things for you.The chapter 13 bankruptcy will last for 3-5 years, It is also called a financial reorganization. The amount you pay to creditors in a Chapter 13 could actually be less than you would pay in a Chapter 7!  So, it's always important to compare Chapter 13 to Chapter 7 even if you do qualify for Chapter 7.Chapter 13 bankruptcy can be the best choice for you if you are behind on secured debt (like a car or house) that you want to keep.It can also be a good choice if you are struggling with debt and can't maintain the payments, but you do not qualify for Chapter 7.With my unique credit rebuilding program, it is possible to rebuild your credit while you are in a Chapter 13.  No other attorney has anything like this program. Chapter 13 bankruptcy is very powerful and flexible.  It can solve many different situations and will wipe out most debts with minimal payment.Contrary to what many believe, you do not have to pay back 100% of your debt in Chapter 13. 		
			Debt Settlement & Debt Negotiation		
		Debt settlement is a dangerous option for many reasons.To begin with , it is not guaranteed, and will have significant negative effects on your credit.  There are other dangers as well. Debt negotiation has many risks. It will certainly hurt  your borrowing power.  You will have worse credit for a longer period of time than if you had filed bankrukptcy, in most cases that I see.Bankruptcy and debt settlement both have benefits and negatives.  When I advise a client on options, we do look at both.We are mindful of the fact that the risk and uncertainty of a non-bankruptcy approach, where the outcome is not guaranteed, can backfire.  We often we see situations where people waste years of their lives and thousands of dollars on failed attempts to avoid bankruptcy.		
			The Cost of A Hamilton, Ohio Bankruptcy Attorney		
		Hiring the right bankruptcy lawyer is really an investment in yourself and your financial future. And, like with most things in life, you generally get what you pay for. Saving a small sum today could end up costing you a lot more tomorrow.When you look at the long term, especially considering that we help you with credit recovery and no other law firm we know has a program like ours, it makes sense to pay a little more now, for the peace of mind you get knowing your credit will be better.At the Law Offices of Richard West, we give you an honest assessment of your options. And when you are considering filing for bankruptcy, we'll compare Chapter 7 and 13 for you and explain the best option for you. Hiring a bargain basement lawyer with cut-rate prices could end up costing you more.Cheap attorneys are probably just that. 		
			Source of Debt in Hamilton Ohio		
		MedicalA recent article on CNBC says that one in three families have medical bills that are a problem.   25% have balances over $10,000.When medical bills make it difficult for you to meet your living expenses, you are not alone. Even if you have medical insurance is no guarantee that you will not be financially devastated by even a single serious illness.Student loanToo many students have too much student loan debt.42% of students in the 18-29 age group have student loans.  This has hit Hamilton Ohio hard.When you can't pay your student loans, they go into default, and the balances increase.  They are reported on your credit.Filing bankruptcy can free up money to help make it possible to pay these loans, as they are not generally discharged in bankruptcy.Credit cardsCredit cards are a a necessary part of our financial lives.  Many people, however, find that they can get out of hand.Cash advances, balance transfers, paying one card with another, taking advantage of teaser rates can get you in trouble before you know it.And credit cards are too easy to get! Just fill out an online form and you have a card in no time.Mortgage debtNew home buyers often don't think about all the many costs that go along with a mortgage. The additional costs are significant.  You have to pa property taxes, maintenance, and other fees. The actual cost of owning a home can be overwhelming.Then, when you fall on hard times, it's tempting to skip a house payment.  Or two.  Then, at missed payment number three, you end up in foreclosure.Often bankruptcy is the only way to save the house.  You can wipe out other debts, so you can focus on catching up the house paymentLawsuitsGetting a lawsuit in the mail can frighten you more than anything.Filing personal bankruptcy ends lawsuits.  Once the debt is discharted, creditors can never again attempt to collect these debts. 		
			Sources of Debt		
					
							
										Medical Debt
									
								
										Student Loan Debt
									
								
										Credit Card Debt
									
								
										Mortgage Debt
									
								
										Court Ordered Debt
									
						
			What They Can Claim		
					
							
										Foreclosure
									
								
										Car Repossession
									
								
										Wage Garnishment
									
						
			What They Can Cause		
					
							
										Stress
									
								
										Anxiety
									
								
										Divorce
									
								
										Suicide
									
								
										Depression
									
						
			Protect Yourself From Creditors		
		Let us stop the harassment and collections, the endless phone calls and lawsuits. We can fix your financial problems.Being deep in debt is deeply personal. I've been there.  I understand from my own journey through insolvency how you may feel.  Being in debt ruined the quality of my life, and that of my family.  Perhaps that's what's happening to you right now.Don't waste another day.  This won't go away.  Things don't fix themselves. If you are suffering from financial stress and pressure, please contact us for a free consultation.		
			Types of Debts Discharged in Bankruptcy 		
		Common debts discharged in bankruptcyA bankruptcy case usually wipes out most types of debt. Taxes, child support payments, and student loans are not eligible for discharge, but most other debts can be cleared from the record.Credit card debtCredit card debt is one of the top reasons to file for bankruptcy. These are discharged in either Chapter 7 or Chapter 13.Considering filing bankruptcy? You’ve probably paid more money on your credit card than you've used it to spend, due in large part to interest rates and fees. With a bankruptcy, you get out from under all the debt and this clears the path towards better credit. With our program, you can have your credit recovered in a very short time.Medical billsMedical bills often lead to bankruptcy.  Even if you have health insurance, high deductibles can cause a medical situation to become an expensive expense quickly.Bankruptcy can be a common and sometimes necessary way to deal with medical bills. If you do so, you will still be able to go to the emergency room if need be.Personal loansThere are a lot of personal loans to choose from in America. With names like One Main, Mariner, Tracir and the many online loan companies like BestEgg, Sofi and Lending Tree (to name a few), it's easier than ever to take on impossible debt.Fortunately, these personal loans are wiped out when you file bankruptcy.Cash advance loansCash loans are a common debt we can get rid of in bankruptcy. They have really high interest rates.Don’t worry. These loans are eligible for discharge, even if you sign an application promising not to file bankruptcy. I have never failed to discharge a cash advance loan in 35 years of practice.Foreclosure and repossession deficienciesBankruptcy can wipe out most of your debts, including those related to home or vehicle repossession. It's important to note that even if your creditors do not forcibly collect, they will often “park” it on your credit report and continue to report the debt as delinquent, lowering your score significantly.Bankruptcy is a powerful tool that lets you wipe out debts by claiming bankruptcy. Some creditors may try to take extreme measures like garnishing your wages or outright wiping out your bank account. By filing Chapter 7 or Chapter 13, you can protect yourself from these aggressive tactics.		
			Rebuild Your Credit		
		Bankruptcy is often thought of as a last resort for many people. They are sure that it will negatively affect their credit score. This is not the case for my clients. We have a program that helps to quickly recover credit.As a certified credit counselor, and because I had to rebuild my own credit after I went insolvent, I have created a very effective, yet easy to follow credit recovery plan. My plan will help to rebuild your credit quickly after discharging debt in bankruptcy.Credit can be wiped clean - and for most it's a fresh start to rebuild your credit. All you need is a proven program and the determination to follow through with the process. Most of my clients, virtually all of them who follow this simple program, achieve a FICO credit score of 650 - 700 within one year after our bankruptcy discharge. In some cases they even achieved a higher credit score.		
			How a Hamilton Bankruptcy Attorney Can Help.		
		Being in debt in Hamilton Ohio is no fun. If you live in Hamilton, your case will be filed in the Cincinnati  Bankruptcy Court   While there are several attorneys in Hamilton, Ohio, there is only one board certified consumer bankruptcy specialist, recognized by the Ohio Supreme Court, Richard West, who is certified by the American Board of Certification.Richard West understands that you want to go over all your options.  He knows that bankruptcy may NOT be your best solution.This is one reason why he is also a certified debt specialist, and has counseled hundreds of families to not file bankruptcy, and instead to pursue non- bankruptcy debt relief programs.   Whether you need to file Chapter 7 bankruptcy or Chapter 13 bankruptcy or find a non-bankruptcy option in Hamilton Ohio, you need the best counsel you can find.  One who has practiced for over 35 years solving the exact kind of problem you have.Common sense tells us that wen you have a serious problem, you get a specialist on your side.You are at a critical point.  The choices you make now will have lasting and profound effects on your financial situation for your future.Get this right, the first time. Get the best bankruptcy attorney in Hamilton Ohio for your situation.		
					
							
										Free Confidential Consultations
									
								
										Trusted By 30,000 Clients
									
								
										Over 350 4.9 Google Reviews
									
								
										No Legal Fee Down Option (Ch 13)
									
								
										Affordable Payment Plans
									
								
										Remote Consultations
									
								
										File Online
									
								
										We Care About Your Future
									
						
				
			We Service the Following Cities and Communities near Hamilton Ohio
		
					
							
										Fairfield, OH
									
								
										Trenton, OH
									
								
										Forest Park, OH
									
								
										Springdale, OH
									
								
										Northbrook, OH
									
						
					
							
										Middletown, OH
									
								
										Sharonville, OH
									
								
										Oxford, OH
									
								
										North College Hill, OH
									
								
										White Oak, OH
									
						
					
							
										Reading, OH
									
								
										Mason, OH
									
								
										Finneytown, OH
									
								
										Blue Ash, OH
									
								
										Montgomery, OH
									
						
					
							
										River View, OH
									
								
										South Hamilton, OH
									
								
										Warwickshire, OH
									
								
										Fordson Heights, OH
									
								
										Columbia Heights, OH
									
						
			Ready? Get on the Road to Bankruptcy Recovery		
		We are still open for remote filings in Hamilton and remote consultations during the pandemic. All consultations are free and there is no catch. We only work with clients who want to work with us. Nothing high-pressure. We look forward to assisting you.		
					
														Get A Free Consultation
					
									OR								
										
														Call (513) 342-3546

### Youngstown

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			Youngstown Bankruptcy Attorney		
		When You Need a trusted and experienced Bankruptcy Attorney in Youngstown, Ohio - Richard West is the Clear ChoiceRichard West Law Office is a bankruptcy law firm that serves Youngstown residents and the greater Mahoning County area. We handle both Chapter 7, Chapter 13 bankruptcy cases, and debt settlement with skill and compassion. Over 30,000 clients through out Ohio have successfully filed for bankruptcy using our expertise and commitment to their financial future.		
				
					Over 30,000 Families Served
				
								Since1986, We have been the authority for debt relief and credit recovery. 
				
					Your Case Will Be Approved
				
								You can depend on us.  We're one of the oldest Debt Relief firms in the State of Ohio. 
			Over 30 Years
Fighting Credit Card Predators		
					
							
										30,000 Clients Served
									
								
										Bankruptcy Attorney Since 1986
									
								
										Board Certified Bankruptcy Attorney
									
								
										Certified Credit Counselor
									
								
										Certified Debt Arbitrator
									
						
					
							
										A+ Better Business Bureau
									
								
										Over 350 Positive Google Reviews 4.9 -5.0
									
								
										Trusted by Thousands of Clients
									
								
										Member of Association of Consumer Bankruptcy Attorneys
									
						
																										
			Why Should I Hire a Youngstown Bankruptcy Attorney?		
		There are many in Youngstown Ohio who need to consult a bankruptcy attorney for help with their finances. There are many options available, and filing for bankruptcy should not be your last resort as it is often said to be.Bankruptcy law is effective, not like "take your chances" debt management programs which cannot guarantee your success. Don't gamble with ineffective debt management programs when you need to file for bankruptcy. These programs only make money for them and could end up getting you sued!Call the Youngstown Ohio bankruptcy attorney who can help you compare all your options, and explain why, in most cases, one option is clearly the best for your unique situation.  Chapter 13 bankruptcy often offers more benefits than Chapter 7, despite the higher number of cases filed Chapter 7 Bankruptcy.So, don't settle for a Chapter 7 Bankruptcy attorney who can't explain your options in in Chapter 13 as well. You could be missing out on thousands of dollars saved if you do.		
			Richard West Law Office		
		(330) 333-5771		
													
															
																										
			By Filing for Bankruptcy Relief in Youngstown You Can		
			Wipe Out Debt, Keep Your Property & Rebuild Your Credit		
		Are you a Youngstown, Ohio resident who is burdened with debt? Start here for an explanation on Bankruptcy options.		
			Chapter 7		
			
						
			Chapter 13		
			
						
			NON-Bankruptcy Options		
			
						
			THE COST OF AN ATTORNEY		
			
						
			Sources of debt in Youngstown		
			
						
			How we can Help		
			
						
			Chapter 7 Bankruptcy		
			Personal Chapter 7 Bankruptcy Attorney		
		As a Chapter 7 attorney in Youngstown, Ohio it is very common for people just like you to file for Chapter 7 Bankruptcy:A Chapter 7 Bankruptcy will discharge all unsecured debts such as credit card debt, medical bills, utility bills, personal loans or school loans.A Chapter 7 Bankruptcy will also discharge some priority debts. A priority debt is one that is secured by a government lien or property such as past due child support, student loans at the time of filing, taxes and back mortgage payments.Chapter 7 is your Federal Law right, and a dignified and totally legal way to get a fresh start, and regain your peace of mind.		
			Chapter 13 Bankruptcy		
			Personal  Chapter 13 Bankruptcy Attorney		
		As a Youngstown Chapter 13 Bankruptcy Attorney: Chapter 13 bankruptcies are not filed as frequently as the straight Chapter 7 ones.  However, because Chapter 13 is more powerful and flexible, they're better for many people. A Chapter 13 Bankruptcy differs from a Chapter 7 in that with a Chapter 13 Bankruptcy, the debtor proposes a repayment plan.  But seldom do we pay off all our debt in Chapter 13.  In fact, we often file cases that only pay 1% to our unsecured creditors.However, unlike Chapter 7, we can also lower interest rates on car loans, and actually pay less for our cars in Chapter 13 than we would have to pay by reaffirming the debt in a Chapter 7.		
			Debt Settlement & Debt Negotiation		
		The decision to go into debt settlement can have serious repercussions. Settling your debts could lower your credit score, take years off the time it takes to pay them off, and even prevent you from getting a mortgage or car loan in the future.Debt negotiation has many disadvantages, including a lower borrowing power for years post-settlement. Some people may also be unable to borrow money from institutions like banks or the government due both now and later during retirement.The merits of debt settlement sound appealing to many, but credit counselors warn that compared to filing bankruptcy, where you pay little or nothing on your debts and then have them reported at zero balance on your credit report, for the most part, this course of action has more negatives than positives for any family.		
			The Cost of a Bankruptcy Attorney in Youngstown		
		If you are filing for bankruptcy, it is only natural that you would be concerned with the cost of retaining or hiring a Bankruptcy Attorney. You will find, after doing some research, that the cost of hiring a bankruptcy attorney in Youngstown may not be as intimidating as you think. Here are some things to consider when looking at how much it will cost to hire a bankruptcy attorney:Hiring A Bankruptcy Attorney - if you decide to enlist the help of a professional to help you through the bankruptcy process, you will need to determine how much it will cost. A good attorney will not be able to tell you, in advance of learning about you and your situation what you need, so beware of attorneys who advertise a price without asking about your situation first.  Quoting a price for services "blindly" is a huge red flag.  Like a doctor quoting the price of a treatment or surgery without even examining you first. Filing Fees -  and legal fees.  There are costs, like filing fees, credit report fees, credit counseling fees.  And then there are the legal fees.  Some attorneys charge a flat fee, some charge by the hour.  You should be given a written contract and fee estimate at the beginning of the engagement.A word of caution. Hiring a cheap bankruptcy attorney in Youngstown can lead to mistakes that will cost you years down the line. Bankruptcy mills are common and they rifle through paperwork which leads to mistakes. You need an attorney experienced bankruptcy lawyers who is versed in bankruptcy law to get the most of filing.		
			Source of Debt in Youngstown		
		MedicalAlmost 33% of families today have medical debt and many with balances over $10,000.  If you suffer from incredible medical bills – even if you carry insurance – it's not your fault, lots of people end up needing to file bankruptcy due to only one serious illness.Student loan - American college students are increasingly getting into debt with the cost of tuition increasing dramatically and job prospects declining. Of those who attend university, 42% of those aged 18 to 29 years old specifically, have student loan debt which will be noted on their credit report if they defaulted and would often double the amount owed.Credit cards - Credit cards are an unavoidable part of our everyday lives, but it is very easy to get in trouble with them. Taking cash advances on credit cards and transferring the balance from card to card can get you into difficult situations before you know it. The latest trend of giving out credit cards may make your life easier, granting a line of credit for anything underMortgage debt - Home ownership is an American Dream, but there are many costs to consider before buying a home. When they borrow to the max, and don’t set any money aside for these other expenses, their dream of a new home can turn into a nightmare. Sometimes it’s better to walk away from the deal, reset the budget, and start again.Lawsuits - Receiving a lawsuit in the mail is frightening.  Nowadays, more and more creditors are turning to law firms to sue you when your account becomes delinquent rather than working with you.  A lawsuit will almost always result in a judgment against the consumer; some might even find themselves paying back their debts twice! When this type of debt is discharged in bankruptcy, the creditor can no longer "use all legal methods to collect the debt." It's done. Over. filing personal bankruptcy will stop these collection lawsuits and protect your income and personal property.		
			Sources of Debt		
					
							
										Medical Debt
									
								
										Student Loan Debt
									
								
										Credit Card Debt
									
								
										Mortgage Debt
									
								
										Court Ordered Debt
									
						
			What They Can Claim		
					
							
										Foreclosure
									
								
										Car Repossession
									
								
										Wage Garnishment
									
						
			What They Can Cause		
					
							
										Stress
									
								
										Anxiety
									
								
										Divorce
									
								
										Suicide
									
								
										Depression
									
						
			What Debts Can and Can Not Be Discharged?		
		Common debts discharged in bankruptcyIn a bankruptcy case, most types of debt are discharged. For example, taxes and child support debts typically are not dischargeable. But for many other types of debt, consumers are able to clear their financial slate and work towards more-ambitious life goals.Credit card debt - Credit card debt is the number one reason most of my clients file for Chapter 7 or Chapter 13 bankruptcy. Once you file bankruptcy, those credit card balance will be written off. You won’t have to pay for any of the charges that are on your account and no late or over limit fees will become a problem.Medical bills - One leading cause for bankruptcy in the United States is unpaid medical bills. With either high deductibles or lack of health insurance, many individuals have dealt with this issue at one point in their life. Filing bankruptcy is common when it comes to medical debt, even necessary in some cases.Personal loans - In America, getting into debt with personal loans is easier than ever.  Loans like One Main and Mariner are often the first stop on the road to an impossible cycle of debt. Fortunately, these personal loans can be discharged in bankruptcy.Cash advance loans - Bankruptcy can erase student loans, cash advance loans and more. Interest rates are high. If you have a cash advance debt and are considering bankruptcy, then don’t worry. Cash advances are often discharged in bankruptcy cases even if you sign a statement that says you will not file for chapter 7 or 13 bankruptcy. In my 35 years as an attorney I have never failed to discharge a client's cash advance loans.Foreclosure and repossession deficiencies - If your home is foreclosed or your vehicle is repossessed, you can get out of the debt by filing for bankruptcy. Bankruptcy will discharge these debts, freeing you from all responsibility to pay them and forcing the creditor to report zero balance due on your credit report. Without discharging the debt in bankruptcy, even if the creditor does not forcibly try to collect, they will usually "park" the debt on your credit report, destroying your credit score.You can get a bankruptcy to get rid of these debts. Some creditors are aggressive and will take your money. But a bankruptcy can protect you from this. Files Chapter 7 or Chapter 13 to stop the aggressive creditor from taking your money.		
			Rebuild Your Credit		
		You may be thinking that filing Chapter 7 or Chapter 13 bankruptcy in Youngstown Ohio will make you a credit nomad forever. But, fortunately, it doesn’t have to stay that way as long as you know what steps to take for your credit repair process. Our program walks you through the credit rebuilding process step by step.After I had to go through my insolvency, I created a plan that can help you rebuild your credit.It is not magic and it's not hard to rebuild credit. You just need a plan that will walk you, step by step, through the process.Following this simple process, most of my clients see remarkable improvements to their FICO score within a year. Typical results are FICO scores of 650 - 700.		
			How A Youngstown Bankruptcy Attorney Can Help.		
		Being in debt in Youngstown Ohio is not a good place to be. If you live in Youngstown, Ohio, your bankruptcy case will be filed in the Youngstown Bankruptcy Court.While there are many attorneys in Youngstown, there are only two board certified consumer bankruptcy specialists, recognized by the Ohio Supreme Court, and one of them is Richard West, who is certified by the American Board of Certification.Don’t think you need bankruptcy? You may not! And Richard West knows that bankruptcy is NOT the right choice for everyone. That’s why he is also a certified debt specialist, and can advise you on your non-bankruptcy options as well as explain how bankruptcy might benefit you.If you need to file Chapter 7 bankruptcy or Chapter 13 bankruptcy in Youngstown Ohio, you want the best attorney for your needs.Preferably, an attorney who specializes in your unique situation and is certified and experienced in ALL forms of debt relief. This is not rocket science, but rather it’s just common sense. We all know instinctively that if you have a serious problem, you get a specialist to help. Think about it. The decision you make today will have far-reaching effects on your life for many years to come. You want to get this right, the first time. To do that, you need the guidance of a trusted Youngstown bankruptcy specialist. Call us at (330) 333-5771 or fill out our free bankruptcy evaluation form.		
					
							
										Free Confidential Consultations
									
								
										Trusted By 30,000 Clients
									
								
										Over 350 4.9 Google Reviews
									
								
										No Money Down
									
								
										Affordable Payment Plans
									
								
										Remote Consultations
									
								
										File Online
									
								
										We Care About Your Future
									
						
				
			We Service the Following Cities and Communities Outside and Inside of Youngstown, Ohio.		
					
							
										Arlington, OH
									
								
										Smokey Hollow, OH
									
								
										Ysu, OH
									
								
										Hazelton, OH
									
								
										Kirkmere, OH
									
						
					
							
										Schenley, OH
									
								
										Brownlee Woods, OH
									
								
										Pleasant Grove, OH
									
								
										Sharon Line-McGuffey Heights, OH
									
								
										North Heights, OH
									
						
					
							
										Canfield, OH
									
								
										Boardman, OH
									
								
										Poland, OH
									
								
										Churchhill, OH
									
								
										Cambell, OH
									
						
					
							
										Struthers, OH
									
								
										Girard, OH
									
								
										Warren, OH
									
								
										West Austintown, OH
									
								
										Sharron, OH
									
						
			Ready? Get on the Road to Bankruptcy Recovery		
		We are still open for remote filings in Youngstown and remote consultations during the pandemic. All consultations are free and there is no catch. We only work with clients who want to work with us. Nothing high-pressure. We look forward to assisting you.		
					
														Get A Free Consultation
					
									OR								
										
														Call (330) 333-5771

### Canton

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			Canton Bankruptcy Attorney		
		Trusted Filer of Chapter 7 and Chapter 13 Bankruptcy in Canton, Ohio Bankruptcy is not a process that most people want to deal with, and you need an experienced, compassionate attorney to assist you. The process can go wrong in many ways, but the most common way to screw up is by not using an attorney or by choosing the wrong one.Bankruptcy can be an effective first step in getting back on your feet after financial collapse. However, bankruptcies an be impossible to dismiss, once filed, so you should consult a bankruptcy attorney before filing to make sure the process is right for you.While you want to use a specialist, this is not enough because bankruptcy attorneys are only trained in bankruptcy and don't specialize in other options. So you need an attorney that is certified for consumer bankruptcy and debt arbitration.Richard West is both a board certified consumer bankruptcy specialist, and a certified debt arbitrator. He can help you to weigh your options, so you'll understand the pros and cons each option.That way, you can be confident you've made the right choice.		
				
					Over 30,000 Families Served
				
								Since1986, We have been the authority for debt relief and credit recovery. 
				
					Your Case Will Be  Approved
				
								You can depend on us.  We're one of the oldest Debt Relief firms in the State of Ohio. 
			Over 30 Years
Fighting Credit Card Predators		
					
							
										30,000 Clients Served
									
								
										Bankruptcy Attorney Since 1986
									
								
										Board Certified Bankruptcy Attorney
									
								
										Certified Credit Counselor
									
								
										Certified Debt Arbitrator
									
						
					
							
										A+ Better Business Bureau
									
								
										Over 350 Positive Google Reviews 4.9 -5.0
									
								
										Trusted by Thousands of Clients
									
								
										Member of Association of Consumer Bankruptcy Attorneys
									
						
		Need a bankruptcy attorney in Canton, OH? We're the team to call.We understand that this isn't your first option when it comes to personal finance- but we assure you that bankruptcy should not be considered a "last resort".If you need a medical procedure, like surgery, why would you try to remedy it with items from the drugstore? If you need bankruptcy protection, don't waste your time with ineffective debt management plans.The Canton Ohio bankruptcy attorney can help you make a decision by comparing your options and learning about the benefits of each option.This might come as a surprise, but Chapter 13 bankruptcy shows more upsides than Chapter 7 Bankruptcy! So don't settle for an attorney who doesn't take the time to explain your options in both types of filings; you could end up with thousands saved.		
			Richard West Law Office		
		(330) 333-5771		
													
															
																										
			By Filing for Bankruptcy Relief in Canton You Can		
			Wipe Out Debt, Keep Your Property & Rebuild Your Credit		
		Are you a Canton, Ohio resident who is burdened with debt? Start here for an explanation on Bankruptcy options.		
			Chapter 7		
						
			Chapter 13		
						
			NON-Bankruptcy Options		
						
			THE COST OF AN ATTORNEY		
						
			Sources of debt in Canton		
						
			How we can Help		
						
			Chapter 7 Bankruptcy		
			Personal Chapter 7 Bankruptcy Attorney		
		Chapter 7 bankruptcy is one of the most popular bankruptcy procedures, and it can provide relief for you if you are struggling with debt. The benefits of filing for a Chapter 7 bankruptcy include: releasing all unsecured debts, being able to keep your assets and starting over with a clean slate without any debt!When you file for Chapter 7 bankruptcy, any unsecured debts that you have will be wiped out. What does this mean? It means that all debts, such as credit card debt, medical bills and personal loans will legally disappear. Your credit report will show a zero balance for these debts.You can keep secured debts, like your house and car in chapter 7 bankruptcy. This means that you will continue to make your payments on these debts.Chapter 7 bankruptcy offers people a fresh start when they file, and you can get new credit cards in order to rebuild good credit.There are many misconceptions about Chapter 7 bankruptcy. Many people believe that they will lose all of their assets and never be able to own a home or car ever again; this is not true! This process is designed to relieve debt rather than taking your property.		
			Chapter 13 Bankruptcy		
			Personal  Chapter 13 Bankruptcy		
		With Chapter 13 Bankruptcy, you can:Eliminate most of your unsecured debts.Save a home from foreclosure or your car from repossession.Emotional benefits:You'll have peace of mind knowing you're taking responsibilty and paying what yoiu are able to on your debts, making your best effort.You'll be able to sleep better at night not worrying about how you're going to pay off your debt.You can feel better because you will be more in control of your finances.You'll be able to focus more on your career and other aspects of life.Chapter 13 is an option if you have regular income and some disposable income after expenses like housing, food, utilities, insurance etc are paid.The repayment plan only needs to last 3 or 5 years and you will will not be obligated to repay any unsecured debts you owe when you file your case.Most creditors will not object to your Chapter 13 plan, as they get paid in full or more than the amount owed. This allows you to keep your home, cars and other assets. - In most cases, filing for bankruptcy costs less than 1/4 of what it would cost to pay all your debts off over 3-5 years. Sometimes even as little as 1% gets paid!Chapter 13 is one of the most powerful tools in consumer protection law today.		
			Debt Settlement & Debt Negotiation		
		Debt settlement is a dangerous game. Really dangerous.It will ruin your FICO score, no matter what the debt settlement company tells you.The harsh reality is that most people who choose to do a debt settlement program are doomed to failure before they ever start. Here's why:First, if you use the services of one of those companies that advertises on television for a few hundred bucks, you're doing yourself a disservice. Here's how...You contact the debt settlement company and tell them you have $10,000 in credit card debt at 12% interest. They tell you their fee is around 10% (actually it's closer to 15-20%) and that they'll settle your debts for about 50% of what you owe. In your mind, that's a pretty good deal. So you go for it.They often "forget" to tell you that you will pay taxes on any debt forgiven, so you will owe the IRS as a result.Then they instruct you to stop paying your credit cards and loans.Sixth, they instruct you to continue making your regular monthly payments to them. These will be deposited into their bank account and eventually go towards settling the debts. That is, if your creditors agree, and some will not.It's kind of like a game of chicken isn't it? Waiting to see who will flinch first, the creditor or the debtor (you).If you're still reading this, you may be wondering where I'm going with this.There are many dangers and uncertain outcomes with debt settlement. It's not for everyone, and many people will prefer to be protected, and know in advance what will happen to their debts.Bankruptcy provides this certainty of outcome, and safety provided by Federal Law.		
			The Cost of A Canton Bankruptcy Attorney		
		When it comes to bankruptcy lawyers, you get what you pay for. When you pay a little extra to hire the right lawyer you'll actually save you money in the long run because they provide quality services up front.The cost of bankruptcy attorneys is always a top consideration in selecting one. However, cheaper services often have additional "add on" fees, which eventually mean an increased price that you need to take into consideration.Wouldn't you rather have the best heart surgeon (or other specialty) to fix your problem? That's why Richard West Law Office offers an affordable law firm with board-certified expertise. Payment plans are customized to your budget and we start working for you right away accepting all of your creditor calls. In some cases, we may even open a file for you with no advance fee paid.		
			Source of Debt in Canton		
		MedicalMore than one third of families today have some kind of medical bills, and 28% of these have balances over $10,000! If you are having a difficult time paying off your medical bills, then join the club. You are not alone even if you do have insurance!Student loanMany young Americans attend college or university and take out a student loan, but because of the high costs, many of them have difficulty paying it off. A recent study showed that more than one third of student loan borrowers have delayed some kind of major life event, such as buying a home or starting a family, due to their debt.Credit cardsCredit cards are never going away, and, in fact, they're even easier to get than ever before. However, the ease of getting them also makes it easy for people to find themselves thousands of dollars deep in credit card debt.Getting a bit too aggressive with balance transfers or taking cash advances on your credit card can have disastrous consequencesMortgage debtHome ownership is an American dream, but like most dreams, it's not always a worry-free experience. The cost of your new home includes more than just the price and monthly mortgage costs--determine if you can afford to make repairs or put away for emergencies now before you buy!LawsuitsWhen it comes to your finances you may be feeling overwhelmed. It’s a terrifying time with debt stacking up and creditors calling at all hours of the day. You spend countless hours each week navigating the collection process, trying find ways to pay them back or negotiate some sort of payment plan in order to spare yourself from overwhelming credit card anxiety.Then, you get a lawsuit in the mail! You are being sued for collections, or your wages could be garnished if you don’t pay back the debt. It doesn't matter what kind of lawsuit is against you; it can have a negative impact on all aspects of your finances. When you have been sued, you don't have much time to react, and failure to file an answer within 28 days will result in a default judgment against you.		
			Sources of Debt		
					
							
										Medical Debt
									
								
										Student Loan Debt
									
								
										Credit Card Debt
									
								
										Mortgage Debt
									
								
										Court Ordered Debt
									
						
			What They Can Claim		
					
							
										Foreclosure
									
								
										Car Repossession
									
								
										Wage Garnishment
									
						
			What They Can Cause		
					
							
										Stress
									
								
										Anxiety
									
								
										Divorce
									
								
										Suicide
									
								
										Depression
									
						
		PROTECT YOURSELF FROM CREDITORSYour financial future is at stake along with your peace of mind. When you're deep in debt, there are a lot of emotions involved as well. I've gone through it myself and understand from my own struggles how you may be feeling. It's hard to enjoy life when you feel like your finances are overwhelming every day of your life - that money problems rule your life.I understand how hard it is and you are not alone! You can forge a new financial future by wiping out your debt, and rebuilding your credit quickly with my powerful credit rebuilding program.		
			Types of Debts Discharged in Bankruptcy in Canton		
		Most types of debt are discharged in a bankruptcy case, but not all. Taxes, child support debts, and student loans often cannot be wiped out with the bankruptcy proceedings — but most other of our debts are eligible for discharge. Here are some common debts that you will clear away through your bankruptcy filing.Credit card debtOne of the top reasons we file for Chapter 7 or Chapter 13 bankruptcy is because our credit card debt has steadily mounted over the years which eventually led us into a tight financial position.I bet you have probably paid the credit card companies a lot more than you have charged. Most of what you pay is interest, late fees and over-limit fees. After you wipe out your existing credit card debt, you WILL be able to get new credit cards. Filing for bankruptcy can create the best opportunity to start fresh with good credit.Medical billsOne of the reasons that people file for bankruptcy is medical debt. Health insurance can be expensive, with a deductible so high that it's conceivable to have situations where someone end up having to fill out an emergency room admission in order to save their life and then not afford the resulting bills.Filing bankruptcy on medical debt is common, and even necessary in many cases.Don’t worry, you will always be able to go the emergency room if need be.Personal loansPersonal loans often result in impossible debt situations for American individuals. Finance companies like One Main, Mariner, Tracir, and online loan companies make it much easier to become stuck with an insurmountable pile of debt.Happily, all of these are discharged in bankruptcy.Cash advance loansOne other common debt we can wipe out in bankruptcy is a cash advance. The interest rates are outrageous.These loans are forgiven in bankruptcy, even when the applicant affirms that he will not file for bankruptcy. In more than 35 years of practicing law, I have never failed to discharge a cash advance loan.Foreclosure and repossession deficienciesIf your home is foreclosed or your vehicle is repossessed, the debt will be discharged in bankruptcy. Without filing bankruptcy, creditors are permitted to report that you have this type of debt on your credit report. After you discharge the deficiency, it is listed as a zero balance.You have the right to get rid of these debts by filing bankruptcy. Some creditors are very aggressive and they will take your money or wipe out your bank account. Filing Chapter 7 or Chapter 13 can protect you from their tactics.		
			Rebuild Your Credit		
		After filing for bankruptcy, Canton Ohio residents often wonder how they can get their credit score back on the up and up. While undergoing a financial hardship garners bad marks in the world of personal finance, it's not because there is no way to repair your credit score—it's just that so many people don't know where to start looking.As a certified credit counselor, I had to rebuild my own credit rating after going bankrupt. I give you the same plan I used top rebuild my own credit.Rebuilding after bankruptcy is a process that doesn't require massive magic, but it does begin with wiping the slate clean to make way for new accounts and the rebuilding process does not take long, if you follow my proven program.This program enables my clients to rebuild their credit immediately after a bankruptcy discharge, or during an ongoing Chapter 13.		
			How A Canton Bankruptcy Attorney Can Help.		
			Trust our 35 years of experience, and proven track record of success.		
		Being in debt in Canton Ohio is no fun. If you live in Canton, your case will be filed in the Canton Bankruptcy Court While there are several attorneys in Canton, there is only one board certified consumer bankruptcy specialist, recognized by the Ohio Supreme Court, Richard West, who is certified by the American Board of Certification.Richard West will go over all your options. He knows that bankruptcy is NOT the best option for everyone. This is the reason he became a certified debt specialist, and has assisted hundreds of families to find non- bankruptcy debt relief programs.   Whether you need to file Chapter 7 or Chapter 13 bankruptcy in Canton Ohio, your best chance of quick credit rebuilding is by hiring a lawyer who specializes in that type of problem.The situation - serious credit challenges after filing for bankruptcy - is not one you can handle on your own.No matter what, there are going to be lasting and profound effects on your financial situation for many years to come. You need the attention of a qualified debt relief attorney, and I am here to help.		
					
							
										Free Confidential Consultations
									
								
										Trusted By 30,000 Clients
									
								
										Over 350 4.9 Google Reviews
									
								
										No Money Down
									
								
										Affordable Payment Plans
									
								
										Remote Consultations
									
								
										File Online
									
								
										We Care About Your Future
									
						
				
			We Service the Following Cities and Communities near Canton, Ohio.		
					
							
										North Canton, OH
									
								
										Louisville, OH
									
								
										Massillon, OH
									
								
										Green, OH
									
								
										Portage Lakes, OH
									
						
					
							
										Alliance, OH
									
								
										Barberton, OH
									
								
										Dover, OH
									
								
										Akron, OH
									
								
										Norton, OH
									
						
					
							
										Tallmadge, OH
									
								
										New Philadelphia, OH
									
								
										Cuyahoga Falls, OH
									
								
										Wadsworth, OH
									
								
										Kent, OH
									
						
					
							
										Whittier Park, OH
									
								
										Edmeyer Park, OH
									
								
										Lakeview Heights, OH
									
								
										Crystal Park, OH
									
								
										Harter Heights, OH
									
						
			Ready? Get on the Road to Bankruptcy Recovery		
		We are still open for remote filings in Canton and remote consultations during the pandemic. All consultations are free and there is no catch. We only work with clients who want to work with us. Nothing high-pressure. We look forward to assisting you.		
					
														Get A Free Consultation
					
									OR								
										
														Call (330) 333-5771

### Parma

In these uncertain economic times, millions of Americans are going through unforeseen hardships. It may be time to get a fresh start. If you are interested in becoming debt free and having more control over you financial future, I want to help. As an Ohio Debt Relief specialist I can help you become debt free by 2022. 		
                            Get Your Free Consultation
                            
                        
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                        Would you like to know more? Yes, I would like to know more about my bankruptcy options.
          
            
            
            
            
            
            
            
            
            
            
                        
		                
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					Parma Bankruptcy Attorney				
		Top-Rated Chapter 7 and Chapter 13 Bankruptcy Attorney in Parma, Ohio Richard West Law Office is a Parma, Ohio bankruptcy law firm with over 30 years of experience representing clients in Chapter 7 and Chapter 13 bankruptcy cases. We have filed over 30,000 cases in the State of Ohio, and we have some of the best ratings in all of the sate. If you are looking to file for bankruptcy but are confused or intimidated by the process. Then we can offer a solution for you. Get started today by requesting a free no-obligation consultation.		
									
							Over 30,000 Families Served						
					
									
						Since1986, We have been the authority for debt relief and credit recovery. 					
									
							Your Case Will Be Approved!						
					
									
						You can depend on us.  We're one of the oldest Debt Relief firms in the State of Ohio. 					
					Over 30 Years
Fighting Credit Card Predators				
							
							
										30,000 Clients Served
									
								
										Bankruptcy Attorney Since 1986
									
								
										Board Certified Bankruptcy Attorney
									
								
										Certified Credit Counselor
									
								
										Certified Debt Arbitrator
									
						
							
							
										A+ Better Business Bureau
									
								
										Over 350 Positive Google Reviews 4.9 -5.0
									
								
										Trusted by Thousands of Clients
									
								
										Member of Association of Consumer Bankruptcy Attorneys
									
						
																														
		Bankruptcy is a process that most people in Parma would like to not think about. But if you’re suffering from significant financial stress, you need to know your options. Many are surprised to learn that bankruptcy doesn’t work the way they thought it did. And they’re even more encouraged when I explain how we can quickly rebuild credit after wiping out their debt, and keeping all the property they worked hard to get.You probably know people who should have filed, but did not.  They’re stuck with debts they continue to make minimum payments on but they will never get out of debt.If you are considering bankruptcy, it is wise to seek the assistance of an experienced lawyer. One who specializes in the exact problem you  have. Someone who can guide you through the process and make sure that all your debts will be dealt with correctly.Preferably, you'll consult with a board certified specialist. Even better, one who is also a certified debt arbitrator as well.Richard West is both a board certified consumer bankruptcy specialist, and a certified debt arbitrator.  He knows the pros and cons of all options. You’ll know you made the best choice after you consult with his firm.		
					Richard West Law Office				
		(216) 478-9991		
																
															
																														
					By Filing for Bankruptcy Relief in Parma You Can . . .				
					Wipe Out Debt, Keep Your Property & Rebuild Your Credit				
		Are you a Parma, Ohio resident who is burdened with debt? Start here for an explanation on Bankruptcy options.		
					Chapter 7				
			
						
					Chapter 13				
			
						
					NON-Bankruptcy Options				
			
						
					THE COST OF AN ATTORNEY				
			
						
					Sources of Debt in Parma				
			
						
					How we can Help				
			
						
					Chapter 7 Bankruptcy				
					Personal Chapter 7 Bankruptcy Attorney				
		Last year, 2020, was a tough year for many in Parma, Ohio, and thousands of families and individuals filed for bankruptcy protection.Most of these cases were Chapter 7 bankruptcy cases.  Chapter 7 bankruptcies are the most commonly filed form of bankruptcy for Parma.  If your income is in line with the median income for Ohio, you may be eligible to file Chapter 7 bankruptcy.Many people meet the criteria for Chapter 7 bankruptcy. It makes sense to consider this option if you have serious financial problems.In chapter 7 bankruptcy, most people are able to keep their property while disposing of a bulk of debts, which can strike them as the perfect way to start over and rebuild credit.Our proven plan for rebuilding or repairing your credit often has clients eligible for better rates than they originally imagined possible in just months.So, don't worry that you'll lose property or suffer from low credit score if you file Chapter 7 bankruptcy. When we work on your case, you'll be back on track with a good credit score faster than expected.As a Parma, Ohio Chapter 7 Bankruptcy Attorney, I can walk you through the benefits of filing for Chapter 7 vs Chapter 13.		
					Chapter 13 Bankruptcy				
					Personal  Chapter 13 Bankruptcy				
		Chapter 13 Bankruptcy is a powerful and flexible form of debt relief. More people should file this than Chapter 7 because they actually can pay LESS in Chapter 13 than they do in Chapter 7.Many people come to me after their family has been advised to file bankruptcy and reaffirm their car. But this can cost thousands of dollars. If they filed Chapter 13, they could save money.Chapter 13 bankruptcy is often used to catch up missed payments on your car and house.A Chapter 13 bankruptcy is the best remedy for individuals seeking to stop foreclosure or repossession of their home and/or vehicle. It can provide up to 5 years so that some missed payments may be 'caught up'And, with our one-of-a-kind credit rebuilding program, you can actually rebuild your credit at the same time as paying off your debt.As a Parma, Ohio Chapter 13 Bankruptcy Attorney I can walk you through the benefits of Chapter 13 vs Chapter 7.		
					Debt Settlement & Debt Negotiation				
		Debt settlement is a dangerous choice especially for those who are not aware of the benefits and drawbacks to this option. The outcome in any debt settlement program is not guaranteed, and some creditors will not participate.Debt settlement has many risks attached to it, including the damaging effect settlements have on borrowing power for years afterward. This can lead some people into situations where they find themselves unable to borrow money. These limitations from the debt settlement can last far longer than any detriment that might result from a bankruptcy filing.Compared to filing bankruptcy, where you owe little or nothing to your creditors and wipe the slate clean, debt settlement will likely have more negatives than positives for most people.		
					Source of Debt in Parma				
		MedicalNearly one third of families today have some type of medical debt, and 28%+ of them with balances over $10,000+, according to a recent CNBC article. Even though many people may have insurance, if your family has any significant debts it can be difficult or impossible to pay for things like living expenses.Student loanThe majority of college students take out loans. 42% of people in the 18-29 age group have student loan debt. This is a huge problem in Findlay, Ohio. And if you default on your loans, it will hurt your credit and can make the interest rate go up. While student loans are generally not discharged in bankruptcy, the elimination of other debts may make the student loan debt manageable.Credit cardsCredit cards are a part of the world. They are always there. But, it is easy to get in trouble with them. The most common way this happens is by taking cash advances on credit cards, transferring balances from card to card, and taking advantage of low "teaser rates." There is also an easy way to get too many credit cards.Mortgage debtHome ownership is the American Dream. Low interest rates are available now, and housing prices are going up. But many people forget about other costs like mortgage, taxes, insurance and more. When they buy a home with money they don't have for these things, it can become a real nightmare that will get very expensive in the long term!LawsuitsWhen you get a lawsuit in the mail, it might make you feel scared. And more and more creditors are choosing to turn their unpaid bills over to lawyers.You can stop these lawsuits by filing bankruptcy.		
					Sources of Debt				
							
							
										Medical Debt
									
								
										Student Loan Debt
									
								
										Credit Card Debt
									
								
										Mortgage Debt
									
								
										Court Ordered Debt
									
						
					What They Can Claim				
							
							
										Foreclosure
									
								
										Car Repossession
									
								
										Wage Garnishment
									
						
					What They Can Cause				
							
							
										Stress
									
								
										Anxiety
									
								
										Divorce
									
								
										Suicide
									
								
										Depression
									
						
					Types of Debts Discharged in Bankruptcy 				
		Common debts discharged in bankruptcyThe majority of debts are able to be discharged in a bankruptcy case. A bankruptcy will not discharge certain types of debt, such as most taxes (unless fraud is suspected), child support, and student loans; however, the majority of obligations can be cleared.Here are some common type of debt that consumers regularly discharge in bankruptcy cases: car loans, overdrafts/unpaid fees owed to banking institutions, repossession debt, unsecured debts of all kinds.Credit card debtCredit card debt is one of the reasons people file for bankruptcy.If you use a credit card, you probably have paid many more dollars in interest than the money that was spent. But filing for bankruptcy can even this out and you will be able to get new credit cards.Medical billsAnother reason for bankruptcy is unpaid medical bills. You may have health insurance, but high deductibles make any medical situation a financial disaster.Sometimes you need to filed bankruptcy on your medical debt. That's not a problem because you can still go to the emergency room if you need.Personal loansPersonal loans are a huge problem in America. Finance companies like One Main, Mariner, Tracir and others make it easy for people to get into debt situations that they cannot get out of.Fortunately, these personal loans can be discharged in bankruptcy.Cash advance loansCash advance loans are another kind of debt that you can get rid of in bankruptcy. The interest rates are ridiculously high.Don't worry. These loans are also going to be forgiven in bankruptcy. Even if you signed an application saying that you won't file for bankruptcy, they can still forgive these loans. This has happened 35 years in a row for my clients and I have never seen someone not get their cash advance loan discharged in bankruptcy.Foreclosure and repossession deficienciesIf your home is foreclosed or your vehicle repossessed, you will likely be sued for the "deficiency." All of these debts are discharged in bankruptcy. And, even if the creditor doesn't sue you they will typically "park" the debt on your credit report harming you more, sometimes over time than if they had sued.We offer Chapter 7 and Chapter 13 bankruptcy to help you recover from debt. Some of these creditors are aggressive, which they can garnish your pay or wipe out your bank account if you do not have the protection of filing for bankruptcy.		
					Rebuild Your Credit				
		Most people think filing for Chapter 7 or 13 bankruptcy in Parma Ohio will cause them to have bad credit indefinitely. But this is not necessarily the case, as many people get their good credit back through a bankruptcy after they file by using my unique credit rebuilding program.As a certified credit counselor, I have seen the harsh effect of bankruptcy on credit for those who have no help rebuilding their credit.It is important to rebuild your credit after bankruptcy or any kind of financial hardship. This will help you recover from it more quickly than expected.Wiping the slate clean is a good way to start over. It's not magic. And, it's not hard if you have a program that will show you how to do it step by step. We have that program for you.Most clients who participate in my program achieve FICO scores of 650 or higher within a year after filing for bankruptcy.		
					How A Parma Bankruptcy Attorney Can Help.				
		Deep in debt in Parma is not a good place to be.If you live in Parma, your case will be filed in the Toledo Bankruptcy Court. While there are several attorneys in Lima, there are only two board certified consumer bankruptcy specialists, recognized by the Ohio Supreme Court, Richard West, who is certified by the American Board of Certification, is one.You need to review all of your options.  At West Law Office, we’ll be the first to tell you that filing a bankruptcy is NOT the best option for every situation. Richard West is a certified debt specialist.  He regularly recommends non-bankruptcy debt relief options for situations that do not call for bankruptcy.  Over the years, he has kept hundreds of families out of bankruptcy, and helped them to find non- bankruptcy debt relief programs.You can see that this is just common sense. Everyone knows that when you have a serious problem, you get better results when you have a certified specialist help you.If you’re  at a point where the choices you need to make concerning getting the help you need will determine your financial future, you really do need to get this right, the first time.  We can help.Call us at (440) 252-0111 for a free consultation or fill out our Parma Bankruptcy Evaluation Form today and you’ll sleep better tonight.		
							
							
										Free Confidential Consultations
									
								
										Trusted By 30,000 Clients
									
								
										Over 350 4.9 Google Reviews
									
								
										No Legal Fee Up Front (Ch 13)
									
								
										Affordable Payment Plans
									
								
										Remote Consultations
									
								
										File Online
									
								
										We Care About Your Future
									
						
				
					We Service the Following Cities and Communities near Parma Ohio.				
							
							
										Booklyn, OH
									
								
										Parma Heights, OH
									
								
										Middleburg Heights, OH
									
								
										Strongsville, OH
									
								
										Brunswick, OH
									
						
							
							
										Medina, OH
									
								
										Hinckley, OH
									
								
										North Royalton, OH
									
								
										Broadview Heights, OH
									
								
										Independence, OH
									
						
							
							
										Valley View, OH
									
								
										Maple Heights, OH
									
								
										Walton Hills, OH
									
								
										Bedford, OH
									
								
										Northfield, OH
									
						
							
							
										Garfield Heights, OH
									
								
										Cuyahoga Heights, OH
									
								
										Cuyahoga County, OH
									
						
					Ready? Get on the Road to Bankruptcy Recovery				
		We are still open for remote filings in Parma, Ohio and remote consultations during the pandemic. All consultations are free and there is no catch. We only work with clients who want to work with us. Nothing high-pressure. We look forward to assisting you.		
					
														Get A Free Consultation
					
									OR								
										
														Call (216) 478-9991

### Toledo

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			Toledo Ohio Bankruptcy Attorney		
		Trusted, 35 Years Experience Bankruptcy Attorney in Toledo, Ohio - Richard West Law OfficesAt Richard West Law Office in Toledo, Ohio. We have helped over 30,000 clients just like you file for bankruptcy under US Bankruptcy Laws. We offer the most experienced attorneys in Northern Ohio for bankruptcy, debt negotiation and creditor relief legal services.		
				
					Over 30,000 Families Served
				
								Since1986, We have been the authority for debt relief and credit recovery. 
				
					Your Case Will Be Approved
				
								You can depend on us.  We're one of the oldest Debt Relief firms in the State of Ohio. 
			Over 30 Years
Fighting Credit Card Predators		
					
							
										30,000 Clients Served
									
								
										Bankruptcy Attorney Since 1986
									
								
										Board Certified Bankruptcy Attorney
									
								
										Certified Credit Counselor
									
								
										Certified Debt Arbitrator
									
						
					
							
										A+ Better Business Bureau
									
								
										Over 400 Positive Google Reviews 4.9 -5.0
									
								
										Trusted by Thousands of Clients
									
								
										Member of Association of Consumer Bankruptcy Attorneys
									
						
		If you are struggling with paying your debts, bankruptcy can be an important way to get a fresh start. The right type of bankruptcy for your situation depends on many factors including:How much debt do you owe?Are you married or single?What property do you own? Do you have equity in it?What type of income do you earn?		
			Richard West Law Office		
		(419) 333-1660		
													
															
																										
			By Filing for Bankruptcy Relief in Toledo You Can		
			Wipe Out Debt, Keep Your Property & Rebuild Your Credit		
		Are you a Toledo, Ohio resident who is burdened with debt? Start here for an explanation on Bankruptcy options.		
			Chapter 7		
			
						
			Chapter 13		
			
						
			NON-Bankruptcy Options		
			
						
			THE COST OF AN ATTORNEY		
			
						
			Sources of debt in Toledo		
			
						
			How we can Help		
			
						
			Chapter 7 Bankruptcy		
			Personal Chapter 7 Bankruptcy Attorney		
		What is Chapter 7 bankruptcy ?Filing for Chapter 7 bankruptcy permits you to discharge most or all of your debts and start with a clean slate. It could be the best choice when you cannot repay your debt using a repayment plan or other alternatives, like debt consolidation. In many cases, filing for Chapter 7 will allow you to keep everything you ownThe benefits of filing for Chapter 7 bankruptcy The most important benefit of filing for chapter 7 bankruptcy is that it can get rid of your debt. It's also very fast -- in many cases, you will be able to start again within a few months and often much sooner. Bankruptcy doesn't discharge all debts but does get rid of most of them.Most people keep their homes and cars in bankruptcy, and wipe out all their unsecured debts like credit cards, personal loans and medical bills.With our unique 1 year follow-up credit rebuild program, you can easily rebuild your credit after wiping out your debt in bankruptcy. Most of our clients get credit scores of 650 - 700 within one year. 		
			Chapter 13 Bankruptcy		
			Personal Chapter 13 Bankruptcy Attorney		
		Chapter 13 bankruptcy is when you pay some of your debts. It is a reorganization of your debt. When you file Chapter 13 bankruptcy, you will have a 3 - 5 year plan and pay a trustee, not your creditors directly.However, you may pay less to your creditors in Chapter 13 than if you had filed a Chapter 7.How can this be?Due to your ability to cram down car loans, and reduce interest rates, you could save thousands of dollars in Chapter 13 over Chapter 7.And, you can catch up missed payments on your house and car in a Chatper 13, whereas in a Chapter 7 you would need to be current on these debts to keep the car or house.Chapter 13 bankruptcy can be a good option if you have valuable property that you have more equity in than can be protected in a Chapter 7. If you own a car and it is worth $10,000, you might lose it in Chapter 7 or have to give the trustee money to keep it. But if you do a Chapter 13, then all you will need to pay are small amounts of money so that the car stays yours.		
			Debt Settlement & Debt Negotiation		
		Debt settlement is an attempt to avoid bankruptcy by negotiating with creditors.Some folks refuse to file bankruptcy even when they should.  They consider debt settlement as a way for them to save money without filing bankruptcy. But, there are many risks involved with debt settlement.The main risk is that it won’t work.If you can't afford it. Don't try. Just file bankruptcy.You'll end up with more debt, which will result in more interest charges and in most cases, your credit scores will take a big hit!Another risk is that creditors may sue you.Because debt settlement is 100% voluntary, the creditors may not work with you.  Compare this to bankruptcy, which forces the creditors to take nothing, or less than what you owe, debt settlement is purely optional for your creditors.It's a big risk.  Many people end up filing bankruptcy anyway. And, debt settlement is worse, for a longer period of time, for your credit.		
			The Cost of A Toledo Bankruptcy Attorney		
		You get what you pay for.Often, this is true.  And it is certainly true when you are considering bankruptcy lawyers in Toledo.Getting the right bankruptcy lawyer for your needs should be considered an investment in your financial future. Trying to save money by hiring a cheap attorney could cost you many times what you think you are saving.Some attorneys think advertising for “cheap” legal services will net them more clients. The motivation here should be obvious.  And, they are just that.  Cheap Lawyers.Would you go to the “cheap” heart surgeon? How about the “cheap” oncologist to treat your cancer? You don’t have to do this. At Richard West Law Office, we make our top-notch, board-certified expertise available to you in a way that you can afford it. Payment plans are customized to your budget. We start working for you, and protecting you, accepting all of your creditor calls right away. And, although we don’t advertise for it, in some cases, we will even accept your case for no money down.		
			Source of Debt in Toledo		
		The performance of the economy can have a major impact on consumer bankruptcy filings. When people are making more money, they tend to spend more and go deeper into debt. This increases the number of bankruptcies that need to be filed in order for people to get out from under all this debt.In 2017, 26.5% of the city of Toledo lived below the poverty level. This meant that around 19,600 people lived without any real financial security, which possibly created an increased need to file for bankruptcy in order to start over debt-free.The causes are many.  Too much credit card debt and medical bills top the list but in once sense, it's not really the kind of debt you owe, or even how much.The real issue is whether or not you can repay it in a reasonable amount of time.  If you can't then looking at bankruptcy options makes sense. 		
			Sources of Debt		
					
							
										Medical Debt
									
								
										Student Loan Debt
									
								
										Credit Card Debt
									
								
										Mortgage Debt
									
								
										Court Ordered Debt
									
						
			What They Can Claim		
					
							
										Foreclosure
									
								
										Car Repossession
									
								
										Wage Garnishment
									
						
			What They Can Cause		
					
							
										Stress
									
								
										Anxiety
									
								
										Divorce
									
								
										Suicide
									
						
			What Types of Debts Can and Cannot be Discharged in Bankruptcy 		
		Credit Card Debt - You may discharge unsecured credit card debt in bankruptcy. Unsecured Debt -  Unsecured debt includes credit cards, personal loans and department store accounts.Medical Bills - You can discharge medical debt. Mortgage Debt - You can discharge mortgage debt form a foreclosed house. This is important to help you recover your credit. However, if you intend to keep your home when you file bankruptcy, you will need to continue to pay it.Personal Loans - You will not be required to repay personal loans.  They are discharged as unsecured debts.Evictions and Bankruptcy - You can receive a discharge on past due rent and damages.Non-Dischargeable Debt - You cannot discharge taxes, debts for child support or spousal support payments in bankruptcy. 		
			Rebuild Your Credit		
		Most people think that if they file for bankruptcy in Toledo Ohio then they will not have any credit. But this is not true. Many people do not know how to get their credit back after filing for bankruptcy, but I have a program to show them how.I am a certified credit counselor. I had to rebuild my own credit after I went insolvent, so I created a plan for you to rebuild your credit quickly after you get out of debt.Wiping the slate clean is a beginning for most people to get a fresh start. You can fix your credit.Most of my clients who follow this easy plan have FICO scores of 650-700 in a year, or even while still in Chapter 13 bankruptcy. This is normal. Some people get even higher scores!		
			How A Toledo Bankruptcy Attorney Can Help.		
		You can trust 35 years of experience, and Board Certified Status. Deep in debt in Toledo Ohio is not where you want to be.If you live in Toledo, your case will be filed in the Toledo Bankruptcy Court. While there are several attorneys in Lima, you’ll find that there is only one board certified consumer bankruptcy specialist, recognized by the Ohio Supreme Court.Richard West, who is certified by the American Board of Certification, is the one.At West Law Office, we’ll be the first to tell you that filing a bankruptcy is NOT the best solution for everyone.Because Richard West is a certified debt specialist, he will help you review all kinds of options, and he frequently recommends that clients pursue non-bankruptcy debt relief options.  Some folks just don’t need to file bankruptcy. Over his career, spanning over 35 years, he has recommended that many clients do not file bankruptcy.  Instead, he helped them to find non- bankruptcy debt relief programs.And, all of this is just plain old common sense. For example, we all know that when you have a serious problem, you better get a certified specialist help you fix it.If you’re reading this, you are probably at a point in your life where the choices you make concerning getting the help you need will dictate your financial future.This is a critical point.You need to get this right, the first time. Let us help.Call for a free consultation today and you’ll sleep better tonight.		
					
							
										Free Confidential Consultations
									
								
										Trusted By 30,000 Clients
									
								
										Over 350 4.9 Google Reviews
									
								
										No Legal Fee Up Front (Ch 13)
									
								
										Affordable Payment Plans
									
								
										Remote Consultations
									
								
										File Online
									
								
										We Care About Your Future
									
						
				
			We Service the Following Cities and Communities Outside and Inside of Toledo, Ohio.		
					
							
										Beverly, OH
									
								
										Franklin Park, OH
									
								
										Deveaux, OH
									
								
										Point Place, OH
									
								
										Southwyck, OH
									
						
					
							
										Glendale-Heather Downs, OH
									
								
										West Gate, OH
									
								
										Whitmer-Trilby, OH
									
								
										Five Points, OH
									
								
										Reynolds Corners, OH
									
						
					
							
										Ottawa Hills, OH
									
								
										Waterville, OH
									
								
										Perrysburg, OH
									
								
										Milan, OH
									
								
										Sylvania, OH
									
						
					
							
										Whitehouse, OH
									
								
										Rossford, OH
									
								
										Maumee, OH
									
								
										Woodville, OH
									
								
										Dundee, OH
									
						
			Ready? Get on the Road to Bankruptcy Recovery		
		We are still open for remote filings in Toledo and remote consultations during the pandemic. All consultations are free and there is no catch. We only work with clients who want to work with us. Nothing high-pressure. We look forward to assisting you.		
					
														Get A Free Consultation
					
									OR								
										
														Call (419) 333-1660

### Akron

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			Akron Bankruptcy Attorney		
		Trusted Filer of Chapter 7 and Chapter 13 Bankruptcy in Akron, Ohio Richard West Law Offices has been helping clients like those in Akron, Ohio Since 1986 to file for bankruptcy protection under US Bankruptcy Code, Chapter 7 and Chapter 13.It is essential to contact an Akron Ohio bankruptcy attorney with years of experience because in the crisis of the economy, these matters require a professional who can analyze your assets, liabilities, income, expenses and credit history. Richard West Law Office will work with you to devise a plan based on your specific situation and help you achieve the goals that are important to you. We have helped over 30,000 clients with debt relief.		
				
					Over 30,000 Families Served
				
								Since1986, We have been the authority for debt relief and credit recovery. 
				
					Your Case Will Be Approved
				
								You can depend on us.  We're one of the oldest Debt Relief firms in the State of Ohio. 
			Over 30 Years
Fighting Credit Card Predators		
					
							
										30,000 Clients Served
									
								
										Bankruptcy Attorney Since 1986
									
								
										Board Certified Bankruptcy Attorney
									
								
										Certified Credit Counselor
									
								
										Certified Debt Arbitrator
									
						
					
							
										A+ Better Business Bureau
									
								
										Over 350 Positive Google Reviews 4.9 -5.0
									
								
										Trusted by Thousands of Clients
									
								
										Member of Association of Consumer Bankruptcy Attorneys
									
						
			Richard West Law Office		
		(330) 333-5771		
													
															
																										
			By Filing for Bankruptcy & Debt Relief in Akron, Ohio You Can		
			Wipe Out Debt, Keep Your Property & Rebuild Your Credit		
		If you live in Akron Ohio or the surrounding communities we can help you with Bankruptcy Chapter 7, Chapter 13, and Debt Settlement matters.		
			Chapter 7		
						
			Chapter 13		
						
			NON-Bankruptcy Options		
						
			THE COST OF AN ATTORNEY		
						
			Sources of debt in Akron		
						
			How we can Help		
						
			Chapter 7 Bankruptcy		
			Personal Chapter 7 Bankruptcy Attorney		
		In Akron Ohio, more and more people have found themselves with excessive debt and no way of paying it off, Chapter 7 bankruptcy lawyers have become a necessity to many people that find themselves coming up too short every month.With the economy struggling as hard as it has been over the past few years in Akron Ohio, more and more people are finding that their credit card bills are much larger than they are able to pay off. After considering the possibility of filing for bankruptcy in Akron Ohio, many individuals have concluded that this is a decision they need to make.Many people do not know exactly what Chapter 7 bankruptcy will mean for them personally though, which is why it is important for anyone who will be filing for Chapter 7 bankruptcy in Akron Ohio to find an experienced bankruptcy attorney in Akron Ohio. There are a lot of benefits to filing for Chapter 7 bankruptcy in Akron Ohio, which are fully explained here on this website. One of the main reasons that many individuals choose to file for Chapter 7 is because it does not require any repayment plans or long term agreements, except of course, for cars and houses which they reaffirm and keep in Chapter 7.  This allows people to start over fresh without worrying about facing financial issues later on because of the debt that was in their way before.		
			Chapter 13 Bankruptcy		
			Personal  Chapter 13 Bankruptcy		
		Chapter 13 is a great choice for residents of Akron Ohio who can afford to pay something towards their debts, but but not all of them.  Chapter 13 lets you pay what you can, and the amount you owe beyond that is discharged.There are other benefits, too, like the cram down on cars.  This could allow you to keep your car and only pay what it's worth, not what you actually owe.  This could save you thousands of dollars.And, the interest rate on cars can be reduced to about 5.5%. You can catch up missed payments on your home and cars in Chapter 13.  This is not possible in Chapter 7.   Saving cars from repossession, even getting them back after they have been repossessed, is a common use of Chapter 13.Similarly, when you get behind on your home and the bank files a foreclosure action, Chapter 13 is often the only way to stop the foreclosure, and save your home.With all of the mortgages in forbearance due to Covid 19, it is anticipated that there will be many Chapter 13 cases filed in order to prevent people in Akron from losing their homes. 		
			Debt Settlement & Debt Negotiation		
		Debt settlement is a tactic to negotiate with creditors and agree on the amount owed that will be paid back in full, but there are some risks involved.If you don't have the funds to pay for an account, debt settlement will not settle the matter and your account will accumulate more debt. You could actually end up owing more than when you start. Or, the creditor may not work with you at all.The other risk is that your creditors may take legal actions against you. Debt settlement is 100% voluntary, whereas a bankruptcy forces the creditor to settle for nothing in a Chapter 7, or less than what they are owed in a Chapter 13.It's a risky decision. If you lose, you will file bankruptcy and it will affect your credit for a long time. Debt settlement is also risky because it affects your credit for a longer period of time		
			The Cost of Bankruptcy  Attorney in Akron		
		Like many things in life, you get what you pay for.Retaining the services of the right bankruptcy lawyer for your needs is really an investment in yourself and in your financial future.How many times have you tried to save money, only to later end up having your decision cost you MORE than you would have paid if you had only spent the right amount in the first place?Saving money by taking a chance on a cut-rate, corner-cutting attorney could end up being more expensive than you think.  Mistakes in a bankruptcy case can cost many times what you may think you are saving.Strange but true, some attorneys think advertising for cheap legal services will net them more clients.Who goes to the cheap heart surgeon? Or the cheap oncologist to treat cancer?  Can’t think of anyone?  Neither can I. Don’t try this.  At Richard West Law Office, we make our top-notch, board-certified expertise available to you in a way that you can afford it.We have payment plans which are customized to our clients.  We respect your budget. We will start working for you, and protecting you, accepting all of your creditor calls right away.And, although we don’t advertise for it, in some cases, we will even accept your case for no money down.		
			Source of Debt in Akron		
		MedicalNearly one-third of Akron Ohio families have accrued debt from medical expenses, with the unpaid balance often costing more than $10,000 per patient in USA. Medical expenses remain the leading cause of bankruptcy with 47% of personal bankruptcies directly linked to hospital bills. This is in part due to overpriced medical procedures and supplies, extreme negligence on behalf of medical practitioners (absenteeism, malpractice, etc.), frivolous lawsuit awards for medical malpractice, the high costs associated with treatment without health insurance or having high deductibles.Student loanStudent loans are a problem for many people in Akron Ohio.  Having student loan debt on your credit report can lower your score if the payments are not made on time. Usually a lower score will make it harder to get a loan. It may also have an effect on your insurance rate, and other factors.Total student loan debt in the United States has surpassed $1 trillion as of December 2012. Students attending four-year institutions have more than doubled their total cumulative debt since 2005 to nearly $29,000.Credit cardsCredit cards are an unavoidable part of life, but care should be taken. The best way to use credit is:- never get more than one card at a time- only carry the balance that you’re comfortable with- when possible, pay off the balance each monthBut when you need to rely on credit cards for living expenses, and start using them to pay other cards, this is a sign you need to speak with a debt specialist.Mortgage debtHome ownership is the American dream. Historically low interest rates are enabling many to take steps that they should have not taken for years. Housing prices skyrocketing, and many are rushing into a purchase before even considering all of the associated costs going with it, like mortgage, insurance, taxes and other expenses. When people borrow up to their maximum and leave nothing for their future, the financial problems might be overwhelming.For example, a person with $100K income can afford to purchase $250k house based on 4% down payment ($6300), but if property taxes are $7000 and insurance is another $4000 annually (just 5-10% of initial cost depending on area), this person is looking at using over $11,000/year for those two items alone. And those are only two of the most significant expenses, that if missed could result in property tax liens and even foreclosure.LawsuitsGetting sued can invoke a sense of panic and fear, but oftentimes it is actually the leading event in a chain of events that result in repossession or foreclosure. Having a lawyer to handle your debt is a smart move, and it’s important to research the different options available.		
			Sources of Debt		
					
							
										Medical Debt
									
								
										Student Loan Debt
									
								
										Credit Card Debt
									
								
										Mortgage Debt
									
								
										Court Ordered Debt
									
						
			What They Can Claim		
					
							
										Foreclosure
									
								
										Car Repossession
									
								
										Wage Garnishment
									
						
			What They Can Cause		
					
							
										Stress
									
								
										Anxiety
									
								
										Divorce
									
								
										Suicide
									
								
										Depression 
									
						
			Protect Yourself From Creditors		
		If you have been struggling in Akron for a while with debt and it's finally become too much to handle, we can help. We'll stop the harassing phone calls from creditors, eliminate any liability stemming from late payments and judgments by filing bankruptcy, or advise you on other, non-bankruptcy options.Being in deep debt not only brings out the worst in you, but can also impact your personal life.  Don’t wait any longer to address this serious situation and speak with us for a free consultation today - call now!		
			Types of Debts Discharged in Bankruptcy 		
		Common debts discharged in bankruptcyMost types of debt are discharged in bankruptcy cases. Some exceptions include most taxes, child support debt and student loans, but many consumers discharge all of their debts when filing for bankruptcy protection.Credit card debtExcessive credit card debt is the main reason that thousands of my clients file for Chapter 7 or Chapter 13 bankruptcy.A common misconception about bankruptcy is that it will prevent you from ever getting a credit card.  That's not true.  Just the opposite is true,  filing for bankruptcy offers the opportunity to improve your credit score.Medical billsIn addition to credit card debt, another leading reason for bankruptcy is unpaid medical bills. The high deductibles on health insurance make any sort of medical situation a potential financial disaster for the patient and their family.Debt discharged in bankruptcy does not mean you can never go to the doctor or hospital. Hospitals and doctors are obligated to treat you just as they would any other patient.Personal loans Personal loans are a huge problem in America.   Everyday, there are finance companies like OneMain, Mariner and Tracir that make getting into terrible debt situations easier than ever by providing high interest rates that rival any one of the new online lending places like BestEgg, SoFi and Lending Tree.The good news is that these personal loans can be discharged in bankruptcy.Cash advance loans We also wipe out cash advance loans in bankruptcy as part of our debt elimination services. The interest rates are high. Easy to get into, nearly impossible to get out of.Don't worry, these are easily discharged in bankruptcy. It doesn't matter even if you sign an application that says you won’t file bankruptcy. I've never failed to successfully discharge a cash advance loan in my 35 years of practice.Foreclosure and repossession deficiencies If your mortgage is foreclosed or you have a repossession, the debt will be discharged in bankruptcy. If your car was repossessed, don't worry--the deficiency balance will be discharged in bankruptcy.Judgments Another common debt that is easily discharged in bankruptcy is judgment debt. There are certain exceptions, but it's pretty easy to discharge a judgment if it was not for property or another homestead exemption protected item.   It does not matter who the creditor is--it can be a hospital, bank or credit card company.		
			Rebuild Your Credit		
		Sadly, many bankruptcy filers who file Chapter 7 or Chapter 13 in Akron Ohio continue to suffer from credit deficiency or bad credit for a long time because they don’t know how to restore their finances after filing.It was challenging for me to rebuild credit after being discharged from bankruptcy, but I created a simple plan that has worked very successfully and quickly.You can rebuild your credit back to where it should be after a bankruptcy by following the right path.The vast majority of my clients who comply with the following program rebuild their credit scores to 650-700 within a year of their Chapter 7 bankruptcy discharge, or while they are still in a Chapter 13 bankruptcy proceeding. These types of results are typical and some even get higher scores!		
			How Your Akron Bankruptcy Attorney Can Help.		
			Trust our 35 years of experience, and proven track record of success.		
		Being in debt in Akon Ohio is not for you! If you live in Akron, Ohio, your case will be filed in the Akron Bankruptcy Court   While there are several bankruptcy attorneys in Akron, Ohio, you’ll find only one board certified consumer bankruptcy specialist, recognized by the Ohio Supreme Court, Richard West, who is certified by the American Board of Certification.Richard West understands that it’d important to consider all your options for debt relief.  He knows that bankruptcy may not be the best option for you. This is the reason that he became a certified debt specialist, in addition to being a board certified consumer bankruptcy specialist, so he could help those clients who don’t need to file bankruptcy find the right If non- bankruptcy debt relief programs.   If you’re in Akron Ohio and need to file Chapter 7 bankruptcy or Chapter 13 bankruptcy, get the best counsel you can. For best results, consider one who specializes in your kind of problem and is certified and experienced in ALL forms of debt relief. This is not rocket science. It’s really just common sense. We all know that when you have a serious problem, you need to get a specialist to help. Your decision in choice of counsel will have lasting and profound effects on your future financial situation.Get this right, the first time! Get the best bankruptcy attorney in Akron Ohio for your needs. 		
					
							
										Free Confidential Consultations
									
								
										Trusted By 30,000 Clients
									
								
										Over 350 4.9 Google Reviews
									
								
										No Money Down
									
								
										Affordable Payment Plans
									
								
										Remote Consultations
									
								
										File Online
									
								
										We Care About Your Future
									
						
				
			We Service the Following Cities and Communities near Akron, Ohio.		
					
							
										Cuyahoga Falls, OH
									
								
										Tallmadge, OH
									
								
										Portage Lakes, OH
									
								
										Barberton, OH
									
								
										Stow, OH
									
						
					
							
										Norton, OH
									
								
										Green, OH
									
								
										Kent, OH
									
								
										Wadsworth, OH
									
								
										Hudson, OH
									
						
					
							
										Streetsboro, OH
									
								
										Ravenna, OH
									
								
										North Canton, OH
									
								
										Macedonia, OH
									
								
										Twinsburg, OH
									
						
					
							
										Forest Hill, OH
									
								
										Bettes Corners, OH
									
								
										Summit Beach Park, OH
									
								
										Maple Valley, OH
									
								
										Goodyear Heights, OH
									
						
			Ready? Get on the Road to Bankruptcy Recovery		
		We are still open for remote filings in Akron and remote consultations during the pandemic. All consultations are free and there is no catch. We only work with clients who want to work with us. Nothing high-pressure. We look forward to assisting you.		
					
														Get A Free Consultation
					
									OR								
										
														Call (937) 748-1749

### Columbus

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					Columbus Bankruptcy Attorney				
		Board Certified Specialist Bankruptcy Attorney  Chapter 7 and Chapter 13 Bankruptcy in Columbus, Ohio When you need a Columbus, Ohio, bankruptcy attorney, you want a certified specialist.  Why would you settle for less? Financial problems demand the kind of expertise thousands have received from Richard West Law Office. Richard West is not only a board certified consumer bankruptcy specialist. He's also a certified debt arbitrator and consumer credit counselor. You may not need to file bankruptcy to solve your difficult debt problems. And if you don't, Richard West will explain how non-bankruptcy options might work better for you. But if you're in serious financial straights, you need to know how Chapter 7 and Chapter 13 bankruptcy can help you. Every year, thousands of families in Columbus, Ohio, need a bankruptcy lawyer to get them through rough spots in life.  And every year, hundreds of families count on Richard West to help them wipe out debt, keep their property, and rebuild credit with his unique credit rebuilding program. 		
									
							Over 30,000 Families Served						
					
									
						Since1986, We have been the authority for debt relief and credit recovery. 					
									
							Your filing will be approved!						
					
									
						You can depend on us.  We're one of the oldest Debt Relief firms in the State of Ohio. 					
					Over 30 Years
Fighting Credit Card Predators				
							
							
										30,000 Clients Served
									
								
										Bankruptcy Attorney Since 1986
									
								
										Board Certified Bankruptcy Attorney
									
								
										Certified Credit Counselor
									
								
										Certified Debt Arbitrator
									
						
							
							
										A+ Better Business Bureau
									
								
										Over 350 Positive Google Reviews 4.9 -5.0
									
								
										Trusted by Thousands of Clients
									
								
										Member of Association of Consumer Bankruptcy Attorneys
									
						
																														
		Why Should You Hire a Columbus Bankruptcy Attorney?Many in Columbus, Ohio, need a bankruptcy attorney to help them get control over their finances. There are many options, and bankruptcy should not be your "last resort" as is often said. Think of it this way. If you need surgery, why would you waste time trying to treat yourself? If you need bankruptcy, don't waste your time with ineffective debt management programs, that only make money for them, and could end up getting you sued! Call the Columbus, Ohio, bankruptcy attorney who can help you compare all your options, and explain why, in most cases, one option is clearly the best for your unique situation.   And, you might be surprised to learn how Chapter 13 bankruptcy offers more advantages than Chapter 7 Bankruptcy!  So, don't settle for a Chapter 7 Bankruptcy attorney who can't explain your options in Chapter 13 as well.  You could be missing out on thousands of dollars saved if you do.		
					Richard West Law Office				
		2570 Oakstone Dr #6 Columbus, OH 43231Phone: (614) 300-7111		
																
															
																														
					By Filing for Bankruptcy Relief in Columbus You Can				
					Wipe Out Debt, Keep Your Property & Rebuild Your Credit				
		Are you a Columbus, Ohio resident who is burdened with debt? Start here for an explanation on Bankruptcy options.		
					Chapter 7				
			
						
					Chapter 13				
			
						
					NON-Bankruptcy Options				
			
						
					THE COST OF AN ATTORNEY				
			
						
					Sources of Debt in Columbus				
			
						
					How we can Help				
			
						
					Chapter 7 Bankruptcy				
					Personal Chapter 7 Bankruptcy Attorney				
		Last year, 2020, was a tough year for many in Columbus Ohio, and 5,668 families and individuals filed for bankruptcy protection.  Most of these cases were Chapter 7 bankruptcy cases.  Chapter 7 is the most commonly filed form of bankruptcy in Columbus Ohio.   If your income, based on your family size, is under the median income for Ohio, you are presumed to qualify for  Chapter 7 bankruptcy.  Since over half of us probably qualify for Chapter 7 Bankruptcy, it only makes sense to consider this option, if you are suffering from the kind of financial problems that require serious solutions. Chapter 7 bankruptcy, for most people, is the perfect way to wipe out debts, keep your property, and rebuild credit.  Our proven program for credit rebuild often results in our clients getting better credit than they imagined possible, in record time! So, don't worry that you'll lose property or suffer from poor credit or no credit if you file Chapter 7 Bankruptcy.  When we handle your case, you'll be back on track, with good credit, faster than you expect. 		
					Chapter 13 Bankruptcy				
					Personal  Chapter 13 Bankruptcy				
		Chapter 13 Bankruptcy  is probably the most powerful and flexible debt relief option that exists.  More people should file Chapter 13 bankruptcy than do, because many who qualify for Chapter 7 Bankruptcy don't consider the Chapter 13 Bankruptcy options.This is a sad fact.   I see many families who come to me after being advised to file Chapter 7 bankruptcy and reaffirm on their cars who could have saved thousands of dollars if they file Chapter 13 Bankruptcy.And, Chapter 13 bankruptcy allows you to catch up on missed car payments, and missed house payments. For many of us, the pandemic and the sluggish economy has caused us to fall behind on payments.  There's no need to lose your home or car, when you have an option to stop foreclosure or repossession, and can get up to 5 years to catch up the missed payments in Chapter 13. And, with  our unique credit rebuilding program, you can actually rebuild your credit at the same time you are getting out of debt.		
					Debt Settlement & Debt Negotiation				
		Debt settlement is a perilous decision to make and it should not be taken lightly. It can have life-long repercussions on your credit, as well as other unforeseen outcomes that could affect you financially in the future.Debt negotiation has many risks attached to it; one of which includes damage done to borrowing power for years after settling loans with creditors. This may lead some people into situations where they find themselves unable or unwilling (due their circumstances) to borrow money from financial institutions such as banks, govt., etc.; this restriction will apply both now and later during retirement - when savings can be critical to your survival. Compared to filing bankruptcy, where you pay little or nothing to your creditors and wipe the slate clean, debt settlement will have more negatives than positives for most people.		
					The Cost of A Columbus Bankruptcy Attorney				
		Like many things in life, you get what you pay for. Finding the right bankruptcy lawyer for your needs should be considered an investment in your financial future. How many times in your life have you tried to save money, only to later discover that you end up paying more than you would have if you had only spent the right amount in the first place?Trying to save money by hiring a cut-rate, corner-cutting attorney could cost you many times what you think you are saving. It’s difficult to believe, but some attorneys think advertising for “cheap” legal services will net them more clients. The motivation here should be obvious.Would you go to the “cheap” heart surgeon? How about the “cheap” oncologist to treat your cancer? You don’t have to do this.At Richard West Law Office, we make our top-notch, board-certified expertise available to you in a way that you can afford it. Payment plans are customized to your budget. We start working for you, and protecting you, accepting all of your creditor calls right away. And, although we don’t advertise for it, in some cases, we will even accept your case for no money down.		
					Source of Debt in Columbus				
		MedicalAccording to a recent CNBC article, almost one third of families today have some kind of medical bills, and 28% of these have balances over $10,000! If you have medical debt that is making it difficult or impossible to meet your living expenses you are not alone. Even having insurance is no guarantee that you won’t be wiped out by even one serious medical issue.https://www.cnbc.com/2020/02/13/one-third-of-american-workers-have-medical-debt-and-most-default.htmlStudent loans - The majority of those who attend any kind of college, and 42% fo those from 18 to 29 years old, have student loan debt. This is a HUGE problem in Columbus Ohio. And, student loan debt shows up on your credit report, lowering your score if you default, and in some cases the interest rate eventually doubles what you owe. While bankruptcy is not a solution for most people, getting rid of other debts often makes it possible to get a handle on your student loans.Credit cards - They seem like a necessary evil sometimes. The fact is that credit cards are a part of our lives and always will be. But, it’s very easy to get in trouble with them. Taking cash advances on credit cards, doing balance transfers – taking advantage of “teaser rates” can get you into trouble before you know it. And credit has never been easier to get! It seems like all you need to do is fill out a quick online form and your new card is in your mailbox. Getting too many cards makes it too easy to get in over your head.Mortgage debt - Home ownership is the American Dream. Interest rates are at historic lows. Housing cost is skyrocketing, and many are rushing to get a home before they should. Too often, home buyers, especially first time buyers, fail to recognize that there are many costs in addition to the mortgage, interest, taxes and insurance that go along with owning a home. When they borrow up to their maximum, and leave nothing in the budget for these other expenses, the new home dream can become a real nightmare. Sometimes it’s better to let it go, reset, and regroup.Lawsuits - Nothing creates a sense of panic and fear like getting a lawsuit in the mail. Yet, rather than working with customers, more and more creditors are simply turning delinquent accounts over to law firms to sue you. Once a debt is turned over to a law office for collection, the end result is almost guaranteed to be a judgment against the consumer. Once that happens the creditor can use “all legal methods” to collect the debt, like garnishment, liens and repossession and foreclosure. Filing personal bankruptcy can stop these collection lawsuits, and protect your income and personal property.		
					Sources of Debt				
							
							
										Medical Debt
									
								
										Student Loan Debt
									
								
										Credit Card Debt
									
								
										Mortgage Debt
									
								
										Court Ordered Debt
									
						
					What They Can Claim				
							
							
										Foreclosure
									
								
										Car Repossession
									
								
										Wage Garnishment
									
								
										Bank Account Garnishment
									
								
										Personal Property Attachment
									
						
					What They Can Cause				
							
							
										Stress
									
								
										Anxiety
									
								
										Divorce
									
								
										Suicide
									
								
										Depression
									
						
					PROTECT YOURSELF FROM CREDITORS				
		You have rights. You are not helpless. We can help you stop the harassment and collections, the endless phone calls and lawsuits, and get your finances under control.Your financial future and peace of mind are at stake. Being deep in debt is deeply personal. I’ve been there, and understand from my own journey though financial disaster how you may feel. Debt problems are emotional as well as economic.Being in debt ruins your quality of life. Life is too short to waste any time feeling paralyzed and powerless. Call us for a free consultation, and you’ll sleep better tonight.		
					Types of Debts Discharged in Bankruptcy 				
		Common debts discharged in bankruptcyMost types of debt are discharged in a bankruptcy case. Some are not, like most taxes, child support debt, and student loans, but most of our debts are eligible for discharge. Here are the most common debts consumers wipe out, clearing the way for a fresh start.Credit card debt – Credit card debt is one of the top reasons we file for Chapter 7 or Chapter 13 bankruptcy. Truth is that you have probably paid the credit card companies much more than you have charged, due to high interest rated, late fees and over-limit fees. Filing bankruptcy evens the score, and don’t worry, you WILL be able to get new credit cards. Filing bankruptcy on credit cards can be the beginning of better credit.Medical bills – Another leading reason for bankruptcy is unpaid medical bills. Even though you may have health insurance, high deductibles make any medical situation a potential financial disaster. Filing bankruptcy on medical debt is common, even necessary in many situations. And, don’t worry, you will always be able to go to the emergency room if you need to.Personal loans – Personal loans are a huge problem in American. Finance companies like One Main, Mariner, Tracir, and, of course, all the new online loan companies, like BestEgg, Sofi, and Lending Tree make getting into impossible debt situations easier than ever. Fortunately, these personal loans can be discharged in bankruptcy.Cash advance loans – Cash advance loans are another common debt we wipe out in bankruptcy. The interest rates are unbelievable. Don’t worry. These are dischargeable in bankruptcy. This is true even though you may sign an application that says you won’t file bankruptcy. In 35 years of practice I have never failed to discharge a cash advance loan.Foreclosure and repossession deficiencies – If your home is foreclosed or your vehicle is repossessed, you will probably be sued for the “deficiency.” All of these debts are discharged in bankruptcy. And, even if the creditor doesn’t sue you, they will normally “park” the debt on your credit report, harming you more, in some cases, over time, than if they had sued. You have the right to wipe these debts out by filing bankruptcy. Some of these creditors are very aggressive, and will seek to garnish your pay or wipe out your bank accounts. Filing Chapter 7 or Chapter 13 can protect you from these aggressive collection tactics.		
					Rebuild Your Credit				
		Most people think that if they file Chapter 7 or Chapter 13 bankruptcy in Columbus Ohio that they will have to suffer no credit, or bad credit, for a long time. And, sadly, many do. But it’s not because they have to. It’s because they don’t know how to recover their credit after filing bankruptcy.Because I am a certified credit counselor, and had to rebuild my own credit after I went insolvent, I have created a very effective, yet easy to follow plan to rebuild credit quickly after discharging debt in bankruptcy.Turns out that wiping the slate clean is a perfect beginning for most people to be able to clear away all the wreckage of the past and begin to correctly rebuild their credit. It’s not magic, and it’s not hard. You just need a proven program that leads you, step by step, through the process.Most of my clients, virtually all of them who follow this simple, yet powerful program, achieve FICO scores of 650 – 700 within a year of their Chapter 7 bankruptcy discharge, or even while they are still in their Chapter 13 bankruptcy case. These results are typical. Some even get higher scores!		
					When Choosing A Bankruptcy Attorney in Columbus				
		When looking for a bankruptcy attorney near me, be sure to take note of the terms. Be careful when choosing a cheap bankruptcy lawyer in Columbus or one who advertises their services at $500 as they may have been trained in "bankruptcy mills" that are known for tricking unsuspecting potential clients into thinking it is going to save them money. In reality, these attorneys can cost you more than if you were represented by someone experienced with Columbus Bankruptcy Law and only find out about this after your case has begun; not just before filing!At our bankruptcy law firm, we know that every case is different and will be handled with the utmost care. This can only happen if you have a knowledgeable team on your side--that's why we offer affordable services to all of those who retain us for their cases.		
					How a Columbus Bankruptcy Attorney Can Help.				
		We offer our clients extraordinary expertise, compassion, and proven success for over 30 years. Being in debt in Columbus Ohio is not a good place to be. While Columbus is the Capitol of Ohio, it’s also the capital of bankruptcy filings, with more bankruptcy cases filed in the Columbus Bankruptcy Court than any of the other Bankruptcy Courts in Ohio.While there are many attorneys in Columbus, there are only two board certified consumer bankruptcy specialists, recognized by the Ohio Supreme Court, and one of them is Richard West, who is certified by the American Board of Certification.There are many factors to consider when evaluating your best option for debt relief. Richard West knows that bankruptcy is NOT the best option for everyone. That’s why he is also a certified debt specialist, and has helped many of his clients work out their debts in non- bankruptcy programs.Whether you need to file Chapter 7 bankruptcy or Chapter 13 bankruptcy in Columbus Ohio, your best bet is to get the best counsel you can. One who specializes in your kind of problem and is certified and experienced in ALL forms of debt relief.It’s just common sense. When you have a serious problem, you get a specialist to help. The decision you make to get the help you need now will have lasting and profound effects on your financial situation for years to come. You need to get this right, the first time, and the best way to do that, is to get the best bankruptcy attorney in Columbus Ohio for your needs. Call (614) 300-7111 or fill out our bankruptcy evaluation form for a free consultation.		
							
							
										Free Confidential Consultations
									
								
										Trusted By 30,000 Clients
									
								
										Over 350 4.9 Google Reviews
									
								
										No Legal Fee Up Front (Ch 13)
									
								
										Affordable Payment Plans
									
								
										Remote Consultations
									
								
										File Online
									
								
										We Care About Your Future
									
						
		
					We Service the Following Cities and Communities Outside and Inside of Columbus, Ohio.				
							
							
										Bexley, OH
									
								
										Brewery, OH
									
								
										Canal Winchester, OH
									
								
										Clintonville, OH
									
								
										Delaware, OH
									
								
										Dublin, OH
									
								
										Far North, OH
									
						
							
							
										Gahanna, OH
									
								
										Grandveiw Heights, OH
									
								
										Grove City, OH
									
								
										Harrison West, OH
									
								
										Hillard, OH
									
								
										Huber Ridge, OH
									
								
										Johnstown, OH
									
						
							
							
										Lithopolis, OH
									
								
										Minerva Park, OH
									
								
										New Albany, OH
									
								
										Pickerington, OH
									
								
										Plain City, OH
									
								
										Powell, OH
									
								
										Rocky-Fork Blacklick Accord, OH
									
						
							
							
										Southside, OH
									
								
										Sunbury, OH
									
								
										Upper Arlington, OH
									
								
										West Columbus Interim, OH
									
								
										Worthington, OH
									
								
										Delaware County, OH
									
								
										Franklin County, OH
									
						
					Ready? Get on the Road to Bankruptcy Recovery				
		We are still open for remote filings in Columbus and remote consultations during the pandemic. All consultations are free and there is no catch. We only work with clients who want to work with us. Nothing high-pressure. We look forward to assisting you.		
					
														Get A Free Consultation
					
									OR								
										
														Call (614) 300-7111

### Springboro

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			Springboro Bankruptcy Attorney		
		#1 Filer of Chapter 7 and Chapter 13 Bankruptcy in Springboro, Ohio Bankruptcy is a process that most people want to avoid, of course. It is never someone’s first choice. And, there are many dangers to getting it wrong. You really need a specialist to guide you.If you are considering filing for bankruptcy, it is time to seek help from a competent lawyer who can guide you through the process while ensuring that all your debts will be discharged, and who is able to help you recover your credit. Credit, we all know, is an essential part of a financial recovery. Yet, most bankruptcy attorneys (not us) are unable to help you recover creditWhen you're looking for a bankruptcy lawyer, it's important to choose one who specializes in the type of situation you're dealing with. You should insist on an attorney who is board certified and trained on non-bankruptcy options so that your interests are protected.Richard West is both a board certified consumer bankruptcy specialist, and a certified debt arbitrator. Because of this, he can help you weigh the pros and cons of both bankruptcy and non-bankruptcy options. This way, you'll KNOW you've made the right choice.Filing for bankruptcy is a complicated process, if you want to get it right the first time, make sure to work with a qualified attorney.		
				
						Over 30,000 Families Served					
				
									
						Since1986, We have been the authority for debt relief and credit recovery. 					
				
						99.9 Percent Of Filings Have Been Approved					
				
									
						You can depend on us.  We're one of the oldest Debt Relief firms in the State of Ohio. 					
			Over 30 Years
Fighting Credit Card Predators		
					
							
										30,000 Clients Served
									
								
										Bankruptcy Attorney Since 1986
									
								
										Board Certified Bankruptcy Attorney
									
								
										Certified Credit Counselor
									
								
										Certified Debt Arbitrator
									
						
					
							
										A+ Better Business Bureau
									
								
										Over 350 Positive Google Reviews 4.9 -5.0
									
								
										Trusted by Thousands of Clients
									
								
										Member of Association of Consumer Bankruptcy Attorneys
									
						
																										
		Many in Springboro Ohio need a highly qualified bankruptcy attorney to help them get through these perilous financial times. You have more options than you may be aware of. Bankruptcy should not be your "last resort" as is often said. The point is that bankruptcy practitioners are at least as qualified as physicians; since you need an attorney if you've decided to file bankruptcy, don't waste your time with ineffective debt management programs -- which just benefit the companies offering them.Seek counsel from a Springboro bankruptcy attorney who will help you explore all options and select the one that is best for your situation.We all know that Chapter 7 bankruptcy offers more advantages. But, did you know that Chapter 13 can often offer more than Chapter 7?Be sure to find the bankruptcy lawyer you are confident in who can explain all your options, like Richard West Law Office.		
			Richard West Law Office		
		Address:195 E. Central Ave. Springboro, OH 45066Phone: (937) 748-1749		
													
															
																										
			By Filing for Bankruptcy Relief in Springboro You Can		
			Wipe Out Debt, Keep Your Property & Rebuild Your Credit		
		Are you a Springboro, Ohio resident who is burdened with debt? Start here for an explanation on Bankruptcy options.		
			Chapter 7		
						
			Chapter 13		
						
			NON-Bankruptcy Options		
						
			THE COST OF AN ATTORNEY		
						
			Sources of debt in Springboro		
						
			How we can Help		
						
			Chapter 7 Bankruptcy		
			Personal Chapter 7 Bankruptcy Attorney		
		If you are considering a chapter 7 bankruptcy, but are not sure if it's right for you, you'll get focus and clarity from a free consultation with Richard West Law office. We're as close as your phone.Chapter 7 bankruptcy is often called a liquidation bankruptcy filing that will discharge most of your debts by distributing your non-exempt property to creditors. Although technically true, it is also true that most, if not all, of our property is exempt.So, in practce, almost never does anyone lose any property in Chapter 7.Chapter 7 bankruptcy might be right for you if your income is under the median, or average income for your family size, or, if it is over this threshold, you can pass the means test .Chapter 7 has many advantages that are unique to each case, but in general one of the biggest pros is its speediness. Chapter 7 cases only last a few months, and most people who file are able to receive their discharge within 5 months or less.Without the burden of debt hanging over your head, you can quickly move forward with your life. Richard West Law Office is unique in many ways, and perhaps the most important service we offer is our powerful credit rebuilding program.Chapter 7 bankruptcy provides you with a fresh start. If you have been paying minimum payments for years, and are just barely able to "keep up" on your bills, chapter 7 can give you the break from debt that you need to get back on track.Chapter 7 bankruptcy is different for everyone, but it does offer some advantages over other types of bankruptcies. Call us for a free consultation to discuss your options under Chapter 7, as well as all your other options. The call is free, but the peace of mind you get after a consultation with one of our attorneys is priceless.		
			Chapter 13 Bankruptcy		
			Personal  Chapter 13 Bankruptcy		
		Chapter 13 is a form of bankruptcy, which can provide you with a true financial reorganization. You will be able to keep your property and assets, while paying only what you can afford to pay.Chapter 13 is truly the most effective form of reorganization available. Many more people should file Chapter 13 than do.Sadly, too many who qualify for Chapter 7 fail to consider Chapter 13, and "leave money on the table" as a result.Chapter 13 may also offers you protection from lawsuits that could wipe your savings out and hit your paycheck.By filing for Chapter 13, you could be able to:Avoid foreclosure on your house or car. Stop repossession of your vehicle. Stave off a lawsuit against you so that you have time to get back on your feet financially and settle the matter without ruining your finances. Have more control over repayment plans than in a Chapter 7 case, and actually pay less by "cram down" of vehicle debt and reduction of interest rates.How does it work? During your initial consultation, our attorneys will review all of your financial issues, and review with you your assets and debts. Then, we'll review all options, including chapter 13, and estimate your savings and your monthly payment plan amount. We can do all of this over the phone, in 30-60 minutes.The consultation is free, but the peace of mind you'll get is priceless.		
			Debt Settlement & Debt Negotiation		
		There are many dangers involved with debt settlement, and you need to know them before deciding to participate in the process.Debt settlement is an option that many people want to try before filing for bankruptcy - which they consider to be a "last resort."If you have overwhelming debts that are not being paid off because of insufficient income or other circumstances, you may be tempted to try debt settlement, not bankruptcy. The problem with this is that there are many dangers involved with it.The first problem with debt settlement is the lack of credibility – you could end up in more debt than before because there are costs associated with the process and creditors will be less willing to work out another compromise.The other danger is that you will have to stop paying your creditors voluntarily and hope that they will work with you on a deal. During this negotiation period, you have no legal protection.And, not all creditors are willing to do this, and if one decides not to, you could end up in court for unpaid debts – which means more money for the creditor than if you just paid regularly.It can also take a long time for this type of solution to work out – some companies engage in debt settlement for years without any positive results. We see many people waste thousands of dollars, and years of their lives, only to file bankruptcy later, rather than sooner.The debt settlement process is not regulated, so if you go through this option, it can take months before anything happens, and in the meantime you might end up in worse financial situation than when you started.		
			The Cost of A Springboro Bankruptcy Attorney		
		Have you encountered this problem before? Most often, when we choose not to spend as much money upfront, we end up spending more later than if we had only invested in quality services to begin with.Trying to save money by hiring a cut-rate, corner-cutting attorney could cost you many times what you think. You cannot believe how some attorneys advertise their services for “cheap” legal advice in order to lure more clients.At West Law Office, we make top-notch legal counsel available to you in a way that you can afford. Payment plans are customized to your budget and we start working for you right away, taking all phone calls from creditors on your behalf. If necessary, we won't even charge you up front costs.		
			Source of Debt in Springboro		
		MedicalAccording to a recent CNBC article, nearly one third of families today have some kind of medical bills. As many as 28% of these families have balances over $10,000!  If you’ve got medical debt that is making it difficult or impossible to meet your living expenses, you have lots of company.Student loanThe majority of those who attend any kind of college, and 42% 19-29 year olds from Ohio show student loan debt. For many people, financial difficulty is only limited to this one type of debt; these individuals are able to make a concerted effort to get things under control. However for some—especially students with undergraduate or graduate degrees—student loan debt is a huge problem. Although not discharged in bankruptcy, eliminating other debt makes it possible to focus on student loan debt.Credit cardsThese days, it can seem like credit cards are ubiquitous. However, these cards can have consequences if not used the right way. There might be interest rates to pay off in the future for balances transferred or cash advances taken; and unfortunately, credit is so easy to get that you may find yourself signing up for too many of these cards without realizing the amount of debt you actually owe. Most people focus more on their monthly payments than the total amount of debt they owe.Mortgage debtPurchasing a home is a major undertaking for many people, but it can be an especially challenging pursuit for first time buyers who may not recognize that there are going to be other costs in addition to the mortgage. Many people also find, after they buy a home, that there are many, many other expenses they have to incur, and these additional expenses "break the bank."LawsuitsThe fear associated with opening a letter from a collector or law office typically results in debtors feeling trapped. With so many options for collections, it is difficult to choose the right one. Personal bankruptcy will stop these types of lawsuits and protect your income and personal property.		
			Sources of Debt		
					
							
										Medical Debt
									
								
										Student Loan Debt
									
								
										Credit Card Debt
									
								
										Mortgage Debt
									
								
										Court Ordered Debt
									
						
			What They Can Claim		
					
							
										Foreclosure
									
								
										Car Repossession
									
								
										Wage Garnishment
									
								
										Bank Account Garnishment
									
						
			What They Can Cause		
					
							
										Stress
									
								
										Anxiety
									
								
										Divorce
									
								
										Suicide
									
								
										Depression
									
						
		PROTECT YOURSELF FROM CREDITORSYou are not alone. We can help. We'll  work for you to stop the harassment and collections, get your finances under control and can help if you're considering bankruptcyI know how much your financial future means to you, and I want to help. Being in bad debt can be discouraging. Experiences with my clients have taught me that being deep in debt has emotional consequences as well.  If you're considering bankruptcy, we'll discuss our options and figure out the best path for you going forward.		
			Types of Debts Discharged in Bankruptcy 		
		Common debts discharged in bankruptcyMost types of debt are discharged in bankruptcy, except for most taxes, child support debt, and student loans. Most consumer debts can be eliminated by filing for bankruptcy. Examples include credit card balances, mortgages and car payments.Credit card debtCredit card debt is a primary reason you might need to file for Chapter 7 or Chapter 13 bankruptcy.One thing you should know before discharging your credit card debt in bankruptcy is that you have already paid the credit card companies more than what you charged them. This is typically because of high interest rates, late fees and over-limit fees. OMedical bills One of the leading reasons for bankruptcy is unpaid medical bills. Even though you may have health insurance, high deductibles can make any situation a financial disasterBankruptcy is one way to eliminate or reduce medical debt.And, don’t worry, you never will be turned away from the emergency room if that becomes necessary.Personal loansPersonal loans are a huge problem in American. Finance companies like One Main, Mariner, Tracir, and, of course, all the new online loan companies, like BestEgg, Sofi, and Lending Tree make getting into impossible debt situations easier than ever.Good news! All of these personal loans are subject to discharge in bankruptcy.Cash advance loansAnother common debt we wipe out in bankruptcy is cash advance loans. Interest rates are through the roof on these bad boys.Don't worry. I will file bankruptcy and still get them discharged. This is true even if you have signed an application that says you won’t file bankruptcy. In 35 years of practice, I have discharged hundreds, if not thousands, of these loans.Foreclosure and repossession deficiencies If your home or car is repossessed, you can file for bankruptcy to discharge these debts.If the debt goes unpaid and a lawsuit is filed, it will be also be discharged in your bankruptcy proceedings.  In addition to collections, creditors often "park" these debts on credit reports. This is sometimes more harmful than if they are actually trying to collect, due to the effect on your credit.Filing bankruptcy can erase your outstanding debts. Some of these creditors are very aggressive and will try to garnish your pay or wipe out a bank account. Filing Chapter 7 or Chapter 13 may protect you from these aggressives collection tactics.		
			Rebuild Your Credit		
		Most people assume that they will never regain their credit if they file for Chapter 7 or Chapter 13 bankruptcy in Springboro Ohio. They are incorrect. There is no need to suffer from bad credit in the long run if you know how to restore your credit after filing bankruptcy.As a certified credit counselor, I know the frustrations and challenges of rebuilding your credit after bankruptcy. That is why I created an easy-to-follow plan for you to get on top of one small task each day that will rebuild your credit quickly.One of the hardest things after bankruptcy is rebuilding your credit, since most banks won't even consider you for a loan.This won't happen to you! My program takes you, step by step, through the process, it's actually not hard to do.The majority of my clients who follow this program and stick with it’s simple yet powerful tools, achieve FICO scores in the range of 650-700.		
			How to Choose A Bankruptcy Attorney in Springboro		
		Bankruptcy lawyers that provide the bait-and-switch tactic are easy to spot. They will offer you a very low price upfront, but in all likelihood it's because they have failed to inform you of many other hidden fees and terms that can increase your cost exponentially. When trying to find a cheap bankruptcy attorney near me in Springboro, be aware that those that advertise $500 Bankruptcy can end up hurting you in the end.Our bankruptcy law firm is here to help you with all of your legal needs. We will work hard for every client and make sure they leave satisfied with our services, no matter the severity or price point!		
			How a Springboro Bankruptcy Attorney Can Help.		
			You can trust my 35 years of experience, and proven track record of success.		
		Being in debt in Springboro Ohio is not for you! If you live in Springboro, your case will be filed in the Dayton Bankruptcy Court   While there are several attorneys in Springboro, there is only one board certified consumer bankruptcy specialist, recognized by the Ohio Supreme Court, Richard West, who is certified by the American Board of Certification.Richard West reviews all options for debt relief because he understands that bankruptcy is NOT the best option for everyone. In fact, that’ why he became a certified debt specialist, and has helped a number of his clients get into non- bankruptcy debt relief programs.   If you need to file Chapter 7 bankruptcy in Springboro, Ohio or Chapter 13 bankruptcy, your best bet is to contact a counselor who specializes in debt relief and is certified and experienced for all forms of debt relief.Your bankruptcy will have a significant effect on your financial future for years to come, so it’s important to get help from a trustworthy source. Since 1986, over 30,000 local families have trusted Richard West. Call us at (937) 748-1749 or fill out our bankruptcy evaluation form to schedule a free consultation.		
					
							
										Free Confidential Consultations
									
								
										Trusted By 30,000 Clients
									
								
										Over 350 4.9 Google Reviews
									
								
										No Money Down
									
								
										Affordable Payment Plans
									
								
										Remote Consultations
									
								
										File Online
									
								
										We Care About Your Future
									
						
			What Our Clients Say		
		
			We Service the Following Cities and Communities near Springboro, Ohio.		
					
							
										Franklin, OH
									
								
										Miamisburg, OH
									
								
										West Carrollton, OH
									
								
										Centerville, OH
									
								
										Lytle, OH
									
						
					
							
										Red Lion, OH
									
								
										Excello, OH
									
								
										Trenton, OH
									
								
										Woodsdale, OH
									
								
										Princeton, OH
									
						
					
							
										Four Bridges, OH
									
								
										Monroe, OH
									
								
										South Lebanon, OH
									
								
										Crosswick, OH
									
								
										Corwin, OH
									
						
					
							
										Fairborn, OH
									
								
										Phoneton, OH
									
								
										New Carlisle, OH
									
								
										Yellow Springs, OH
									
								
										Franklin County
									
						
			Ready? Get on the Road to Bankruptcy Recovery		
		We are still open for remote filings in Springboro and remote consultations during the pandemic. All consultations are free and there is no catch. We only work with clients who want to work with us. Nothing high-pressure. We look forward to assisting you.		
					
														Get A Free Consultation
					
									OR								
										
														Call (937) 748-1749

### Sharonville

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			Sharonville Bankruptcy Attorney		
		Trusted Chapter 7 and Chapter 13 Bankruptcy Attorney in Sharonville, Ohio Bankruptcy is a process that most people want to avoid, but if it's the right choice for you, and it is for many, you need the best counsel you can find. There are many perils to getting it wrong, either by trying to do it yourself or by hiring the wrong attorney.You may know folks who should have filed bankruptcy but refused to, for many reasons.  Now they're stuck with debts they cannot pay off.  They face major repercussions (such as garnished wages). They may be financially ruined.If you are considering bankruptcy, it is time to get help from an experienced lawyer who can guide you through the process and make sure that all your debts will be dealt with correctly.Preferably, you'll want to use a board certified specialist. But even this is not enough, since bankruptcy attorneys are normally not trained in non-bankruptcy options. So, ideally, your attorney should be a certified debt arbitrator as well.Richard West is both a board certified consumer bankruptcy specialist, and a certified debt arbitrator who can help you to understand the pros and cons of al your options, so you'll be confident you've made the right choice.Filing for bankruptcy is a complicated process. Not all attorneys will even attempt it. It is truly a specialty practice. If you try to do this all on your own, you can expect problems. You don't try to cure serious illnesses yourself. Don't try to file bankruptcy yourself either. Like your health, it's too important to take chances.		
				
						Over 30,000 Families Served					
				
									
						Since1986, We have been a trusted authority for debt relief and credit recovery. 					
				
						99.9 Percent Of Filings Have Been Approved					
				
									
						You can depend on us.  We're one of the oldest Debt Relief firms in the State of Ohio. 					
			Over 30 Years
Fighting Credit Card Predators		
					
							
										30,000 Clients Served
									
								
										Bankruptcy Attorney Since 1986
									
								
										Board Certified Bankruptcy Attorney
									
								
										Certified Credit Counselor
									
								
										Certified Debt Arbitrator
									
						
					
							
										A+ Better Business Bureau
									
								
										Over 350 Positive Google Reviews 4.9 -5.0
									
								
										Trusted by Thousands of Clients
									
								
										Member of Association of Consumer Bankruptcy Attorneys
									
						
																										
			Why You Should Hire A Sharonville Bankruptcy Attorney		
		You are not alone. Many people in Sharonville Ohio need an experienced bankruptcy lawyer to help them get control over their finances. The perfect time to get this squared away is before the bills mount up and overwhelm you.If you need surgery, why would you get it done with drug store remedies? If bankruptcy is what you need then invest in getting the best for your needs.If you are facing the reality of filing for personal bankruptcy, you need a professional who can guide you through your options and help you reach a decision.Getting a good bankruptcy lawyer is important because you might be surprised by how Chapter 13 bankruptcy offers more advantages than Chapter 7 bankruptcy!When hiring a bankruptcy lawyer, make sure that they have experience in both Chapter 7 and Chapter 13.You may be missing out on thousands of dollars saved if you just hire someone who doesn't know about all the options.		
			Richard West Law Office		
		4 Triangle Park Dr Ste 400 Sharonville, OH 45246
Phone: (513) 729-9760		
													
															
																										
			By Filing for Bankruptcy Relief in Sharonville You Can		
			Wipe Out Debt, Keep Your Property & Rebuild Your Credit		
		Are you a Sharonville, Ohio resident who is burdened with debt? Start here for an explanation on Bankruptcy options.		
			Chapter 7		
			
						
			Chapter 13		
			
						
			NON-Bankruptcy Options		
			
						
			THE COST OF AN ATTORNEY		
			
						
			Sources of debt in Sharonville		
			
						
			How we can Help		
			
						
			Chapter 7 Bankruptcy		
			Personal Chapter 7 Bankruptcy Attorney		
		If you are one of the millions of people who are facing overwhelming debts, you may be considering filing bankruptcy. You may need a fresh start, or you might simply want to eliminate your credit card bills and get out from under payments that seem to grow every month. Whichever it is , there are several options for debt relief.Chapter 7 bankruptcy is the simplest and most common type, in which all or most of your entire debt load is eliminated. Chapter 7's simplicity can make it more attractive than Chapter 13 for some people, but you should know that filing a Chapter 7 may not give you the best results.Your attorney, who should be a board certified specialist, would need to compare both Chapter 7 and Chapter 13 to see which is best for you.Chapter 7 bankruptcy is best known by its nickname, "fresh start" or "straight bankruptcy." It can be very beneficial for some people, often in ways that they don't expect.Chapter 7 bankruptcy provides a fresh start by eliminating all or most of your debt. This includes credit card bills, medical bills, and unsecured loans.If you are considering filing Chapter 7 bankruptcy, it's crucial to consult with a lawyer who has many years of experience with this type of debt relief . A bankruptcy specialist can make sure that you understand the pros and cons of filing vs. non-filing options.The benefits of filing for bankruptcy go beyond simply eliminating debt. Filing Chapter 7 bankruptcy can provide the perfect starting point for rebuilding credit. At West Law Office, we have a proven program to help you get a 650 - 700 credit score within one year of your discharge if you file for Chapter 7 bankruptcy.		
			Chapter 13 Bankruptcy		
			Personal  Chapter 13 Bankruptcy		
		Chapter 13 bankruptcy can help you save your home from foreclosure. Saving a home from foreclosure is the most common reason for filing chapter 13 bankruptcy. In fact, there are about 6.1 million homes in foreclosure right now.Chapter 13 bankruptcy can help stop a foreclosure and get you back on your feet financially. Once you file for chapter 13 bankruptcy, your plan will last 3-5 years and allow you to make regular payments again.With that plan, you can stop a foreclosure and catch up on your mortgage payments. Your home will be saved! You'll save much more than just your home - chapter 13 bankruptcy stops wage garnishment too.Being sued? Worried about collections? Filing for chapter 13 bankruptcy is one of the best ways to put an end to those wage garnishments, and protect your assets.Chapter 13 bankruptcy protects your car from repossession. If you keep making your payments on time your creditors cannot take away your car through repossession even though you have fallen behind. And, you could end up paying a lot less for the car than you owe for it.Basically chapter 13 bankruptcy allows you to pay an affordable amount to your creditors. Even if it's only a penny on the dollar, as many of our plans do pay that little.Many Chapter 13 plans are better than Chapter 7 plans, because they allow you to spread out payments for up to 5 years, and can lower the interest rate you pay on your car to about 5%. This may save you hundreds of dollars per month, compared to a Chapter 7 bankruptcy.		
			Debt Settlement & Debt Negotiation		
		What is Debt Settlement ?Debt settlement is the process of negotiating with your creditors to forgive as much debt as possible. The idea behind debt settlement is that once you have negotiated a settlement with your creditors, the creditor will write off or waive some amount of the remaining balance on your credit card account. In lieu of receiving payment, the creditor agrees to just cancel part or all of the debt. The portion of your debt that may be cancelled or waived by your creditors will be treated as income to you by the IRS. You will owe taxes on it, even though you did not get any money.The Risks of Debt Settlement - It May Not WorkIt may surprise you to learn that some people who undertake a debt settlement program will not have any of their debts settled by the end of the program. A recent study by GRS found that 60% of consumers attempting repayment plan programs did NOT succeed in having any their debts eliminated as promised under those plansWhen to Consider Debt SettlementIf you have exhausted all other options and are deeply in debt, you may choose to consider a debt settlement program before making the decision to file bankruptcy. Many do, and many of these regret it, as they end up wasting precious time and money a failed attempt to resolve debt without filing bankruptcy.Be Careful!There is a lot of bad information out there on the Internet about how to go about Debt Settlement. Many unscrupulous companies are looking to take advantage of people who are desperate with bad information. Get advice from the right sources, and before you sign up for any debt settlement program is essentialFinal Thoughts on the Dangers of Debt SettlementDebt settlement is a process by which you pay off your creditors less than what you owe them in exchange for ceasing collection actions against you. Sounds great, right? Well, it's not as simple as it sounds. If you have any past due balances, they will be wiped out in bankruptcy-but if you go into a debt settlement program, your credit rating is likely to suffer and that could make future borrowing more difficult. You should also know how to choose a lawyer for your case and other options for managing credit card debt like bankruptcy! Often, bankruptcy is the better option.		
			The Cost of A Sharonville Bankruptcy Attorney		
		Choosing the right bankruptcy lawyer to work on your case is an important decision.  Cost is a factor, but certainly not the most important one.  Hiring the right attorney is an investment in your financial future. Whether you are trying to save some cash now, or already regretting a decision that you tried to make cheap earlier today, remember that just because something is cheaper doesn’t mean it always works outWhen it comes to hiring a bankruptcy lawyer, getting the cheapest option will likely cost you extra in the long-run.At Richard West Law Office, we understand the hardship that bankruptcy can cause. Your budget conditions are not what make you ineligible for our services. Our attorneys have more than 55 years of combined experience. This allows us to offer a broad range of solutions and a strategic approach to your case at an affordable rate with no upfront costs on your part or use of complicated fee structures.We don't view your case as a means of making money for our firm.  We are motivated by our sincere desire to  help you get out of debt and get the results you are looking for. Our lawyers work hard to earn your trust and provide you with straightforward advice that puts your best interests in mind throughout every step of the process.		
			Source of Debt in Sharonville		
		MedicalAccording to a recent CNBC article, almost one third of families today have some kind of medical bills. Almost three in ten (28%) of these families are carrying debts more than 10,000 dollars on account! If you have medical debt that is making it difficult or impossible to meet your living expenses you are not alone. ­Even having insurance does not guarantee that you will not have medical debt.Student loanThe majority of America's young people struggle to repay their student loans, and this disproportionately affects those in the Sharonville Ohio area. While bankruptcy is not a solution for most student loan debt, getting rid of other debt may mean that you are able to tackle the student loans more effectively.Credit cardsCredit cards are a part of our lives and always will be. But we can fall into trouble with them easily and quickly, even if we think otherwise. The fact is that credit has never been easier to get! In order to protect ourselves from getting in over our heads, make sure you only have one or two credit cards on the account at anyMortgage debtThe American Dream is for many home ownership. Interest rates are historic lows. However, housing costs are skyrocketing and new homebuyers often overlook the additional expenses which can quickly lead to an un-affordable mortgage with no backup funds.LawsuitsMany creditors are turning delinquent accounts over to law firms for collection. As a result, these lawsuits have become uncomfortably commonplace in the U.S., and once filed, there is almost no chance of walking away intact. And, even if they don't collect from you, they will "park" the debt on your credit report, ruining your credit, and making future credit impossible to get.		
			Sources of Debt		
					
							
										Medical Debt
									
								
										Student Loan Debt
									
								
										Credit Card Debt
									
								
										Mortgage Debt
									
								
										Court Ordered Debt
									
						
			What They Can Do To You		
					
							
										Foreclosure
									
								
										Car Repossession
									
								
										Wage Garnishment
									
								
										Bank Account Garnishment
									
								
										Repossess Personal Property
									
						
			What They Can Cause		
					
							
										Stress
									
								
										Anxiety
									
								
										Divorce
									
								
										Suicide
									
								
										Depression
									
						
		PROTECT YOURSELF FROM CREDITORSIf you're facing a debt problem, don't give up hope. Most, if not all of your debts can be resolved through bankruptcy protection.Debt problems are deeply personal, and you may feel that your financial future has been lost. I felt that way once myself. Having debts you cannot pay can ruin your emotional stability as well as affect the quality of life you lead. Calling us for a free consultation. You'll be glad you did. The call is free but the peace of mind you'll get is priceless.		
			Types of Debts Discharged in Bankruptcy 		
		Common debts discharged in bankruptcyWhen you file for bankruptcy, most of your debt is cleared. Here are the main debts that aren't automatically erased by bankruptcy:Taxes – although some older taxes may be dischargable.Credit card debt – Credit card debt is one of the top reasons we file for Chapter 7 or Chapter 13 bankruptcy.One thing you have probably paid the credit card companies more for than what you had charged is due to high interest rates, late fees and over-limit fee. Bankruptcy evens the score and you can get new credit cards.Medical bills – Another leading cause of bankruptcy is unpaid medical bills. Even with health insurance, high deductibles can make any medical situation a financial disaster.Filing bankruptcy on medical debt is common, and often necessary for many. But don't worry – you'll always be able to go to the emergency room if needed. And my clients report no problems getting established with different doctors if they have no choice but to discharge debt owed to one medical practice.Personal loans – Personal loans are a huge issue in America. Finance companies like One Main, Mariner, and Tracir make getting into impossible debt situations easier than ever by providing easy access to quick cash.Fortunately, these personal loans can be discharged in bankruptcy.Cash advance loans – One common type of debt we wipe out in bankruptcy is an advance loan.  These loans usually have much higher interest than other credit cards and are taken out without regard for the ability to repay.Debts related to a cash advance loan will be discharged in bankruptcy even if you sign an application that states you won't file for bankruptcy.Foreclosure and repossession deficiencies – When bankruptcy is filed and the debts are discharged, you will not owe balances on foreclosed or repossessed homes. Further, these debts would typically be removed from your credit report, which will show a zero balance for all debts discharged, greatly improving your "debt to income" ratio.Filing bankruptcy can get these debts removed due to some creditors being very aggressive.Chapter 7 and Chapter 13 can protect you from hostile collection tactics.		
			Rebuild Your Credit		
		Most people think that filing for bankruptcy will stop them from having any credit or a bad credit score, when in reality they just don’t know the necessary steps to take after filing bankruptcy.Since I am a certified credit counselor, and had to rebuild my own credit after I went insolvent, I have created a very effective, yet easy to follow plan to quickly rebuild your credit after discharging debt in bankruptcy.Wiping the slate clean is a great way to start building credit after bankruptcy. However, you cannot do it alone. Fortunately our firm has an effective program that will help lead you step-by-step to rebuild your credit and have an amazing future.Most of my clients, and virtually all of them who follow this simple program achieve FICO scores between 650-700 a year after their bankruptcy. These results are typical.		
			How to Choose A Bankruptcy Attorney in Sharonville		
		One should always be careful to find a bankruptcy lawyer near them. Cheap bankruptcy lawyers in Sharonville can specialize in "bankruptcy mills" that trick unsuspecting clients into thinking they save money only to later realize the case is more expensive than if you were represented by an experienced Sharonville Bankruptcy Lawyer who knows what they are doing and charges appropriately for their services as opposed to bait-and-switch tactics which often come with steep prices.At Richard West Law Office we provide affordable bankruptcy services backed by over 30 years of experience.		
			How a Sharonville Bankruptcy Attorney Can Help.		
		You can trust our 35 years of experience.  Just check out the hundreds of online reviews.  Being in debt in Sharonville Ohio is no way to live.  If you live in Sharonville, you will file your bankruptcy case in the Cincinnati Bankruptcy Court.While there are many attorneys near Sharonville, there are only two board certified consumer bankruptcy specialists, recognized by the Ohio Supreme Court, and one of them is Richard West, who is certified by the American Board of Certification.But, because there are many options for debt relief, including debt arbitration, Richard West will examine this option for you as well. He knows that sometimes NOT filing bankruptcy is best. He is also a certified debt specialist, and has helped many to become debt free without filing bankruptcy.When your financial problems demand Chapter 7 bankruptcy or Chapter 13 bankruptcy in Sharonville Ohio, or just a consultation to explore your options, depend on a specialist.Someone who actually specializes in your kind of problem.  An attorney who is certified and experienced in ALL forms of debt relief. This nothing more than common sense.  Serious problems call for serious solutions.The choices you make now will have far-reaching impact, probably for years into your future.  You are investing in yourself, and your future, when you think it through and choose to get the best advice you can.Get this right, the first time. Get the best counselor and attorney in Sharonville Ohio for your needs. Call us at (513) 729-9760 or use our bankruptcy evaluation form to schedule a free consultation.		
					
							
										Free Confidential Consultations
									
								
										Trusted By 30,000 Clients
									
								
										Over 350 4.9 Google Reviews
									
								
										No Legal Fee Up Front (Ch 13)
									
								
										Affordable Payment Plans
									
								
										Remote Consultations
									
								
										File Online
									
								
										We Care About Your Future
									
						
			We Service the Following Cities and Communities near Sharonville, Ohio.		
				
					
							
										Blue Ash, OH
									
								
										Reading, OH
									
								
										Springdale, OH
									
								
										Montgomery, OH
									
								
										Forest Park, OH
									
						
					
							
										Finneytown, OH
									
								
										Loveland, OH
									
								
										North College Hill, OH
									
								
										Norwood, OH
									
								
										Glendale, OH
									
						
					
							
										Springfield, Oh
									
								
										Mason, OH
									
								
										Northbrook, OH
									
								
										White Oak, OH
									
								
										Evendale, OH
									
						
					
							
										Crescentville, OH
									
								
										Woodlawn, OH
									
								
										Kenridge, OH
									
								
										Dillionvale, OH
									
								
										Hazelwood, OH
									
						
			Ready? Get on the Road to Bankruptcy Recovery		
		We are still open for remote filings in Sharonville and remote consultations during the pandemic. All consultations are free and there is no catch. We only work with clients who want to work with us. Nothing high-pressure. We look forward to assisting you.		
					
														Get A Free Consultation
					
									OR								
										
														Call (513) 729-9760

### Middletown

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			Middletown Ohio Bankruptcy Attorney		
		Trusted Specialist for Chapter 7 and Chapter 13 Bankruptcy in Middletown, Ohio Are you considering filing for bankruptcy? You should consider the benefits of using a bankruptcy attorney in Middletown Ohio. If you are in debt and looking for ways to get out debt, you have found the best website in Middletown, Ohio.You need look for a reputable lawyer who has expertise with helping individuals file for bankruptcy. Your attorney can help you determine if filing is right for your financial situation . Many people are overwhelmed by the process of filing for bankruptcy. We will will help you understand the steps involved and what to expect.When you cannot pay your bills, using a bankruptcy attorney is one way to eliminate debt. Many people consider filing bankruptcy as an option when they have had a serious illness or accident that has left them in financial ruin.  But don't think if it as a "last resort."  If you need to file bankruptcy, the quicker the better.  The sooner you file, the faster you could rebuild your finances.A bankruptcy attorney in Middletown, Ohio will review your financial situation and help you determine if filing for Chapter 7 or 13 is the best option to follow. If you can pass the means test,  you may qualify for a Chapter 7 which will eliminate most or all of your debt in accordance with the guidelines set by the government.  Or, you could consider  Chapter 13.If you have missed payments on your car our house, you need  a plan to catch up.  You can't do this in Chapter 7.  You may need to file for a Chapter 13 . Actually, as you will read below, Chapter 13 is sometimes better than Chapter 7!		
				
						Over 30,000 Families Served					
				
									
						Since1986, We have been the authority for debt relief and credit recovery. 					
				
						Your filing will be approved!					
				
									
						You can depend on us.  We're one of the oldest Debt Relief firms in the State of Ohio. 					
			Over 30 Years
Fighting Credit Card Predators		
					
							
										30,000 Clients Served
									
								
										Bankruptcy Attorney Since 1986
									
								
										Board Certified Bankruptcy Attorney
									
								
										Certified Credit Counselor
									
								
										Certified Debt Arbitrator
									
						
					
							
										A+ Better Business Bureau
									
								
										Over 350 Positive Google Reviews 4.9 -5.0
									
								
										Trusted by Thousands of Clients
									
								
										Member of Association of Consumer Bankruptcy Attorneys
									
						
																										
			Why Should I Hire A Middletown Ohio Bankruptcy Attorney?		
		Think about it this way. If you need surgery, you will not try to treat yourself with drug store remedies. You would go to the hospital or a doctor who can help fix what is wrong. If you have problems with debt, do not try and fix them on your own or call one of these online debt management plans.  Do not waste your time trying something that does not work and might even get you in more difficulty than you are in now.For most people, there are two types of bankruptcy: Chapter 7 and Chapter 13. We'll help you understand which one is best for your situation.  We'll help you compare all the options for your situation and explain why one is better than the other. You might be surprised to learn that some people think Chapter 7 is better than Chapter 13! It’s not.  It’s just different, and in many cases, you’ll be “leaving money on the table” if you file Chapter 13 instead of Chapter 7.So, don't settle for a Chapter 7 Bankruptcy attorney who can't explain your options in in Chapter 13 as well.  You could be missing out on thousands of dollars saved if you do.  You should ask what percentage of cases the attorney files in Chapter 7 and Chapter 13.  If the attorney doesn't file many Chapter 13 cases, that might mean you need a second opinion.		
			Richard West Law Office		
		304 South Breiel Boulevard #100 Middletown, OH 45044
Phone: (513) 268-5288		
													
															
																										
			By Filing for Bankruptcy Relief in Middletown You Can		
			Wipe Out Debt, Keep Your Property & Rebuild Your Credit		
		Are you a Middletown, Ohio resident who is burdened with debt? Start here for an explanation on Bankruptcy options.		
			Chapter 7		
			
						
			Chapter 13		
			
						
			NON-Bankruptcy Options		
			
						
			THE COST OF AN ATTORNEY		
			
						
			Sources of debt in Middletown		
			
						
			How we can Help		
			
						
			Chapter 7 Bankruptcy		
			Personal Chapter 7 Bankruptcy Attorney		
		Last year, 2020, was a tough year for many in Middletown, and 11,738 families and individuals filed for bankruptcy protection in the Cincinnati Bankruptcy Court where all Middletown Ohio families file their cases. The overwhelming majority of these were Chapter 7 bankruptcy cases.  Chapter 7 is the most frequently filed kind of bankruptcy in Middletown Ohio.   To file a Chapter 7, you must complete a means test if your income is over median, but if your income, based on your family size, is under the median income for Middletown Ohio, you are presumed to qualify for  Chapter 7 bankruptcy.  So, because over half of the families in Middletown probably qualify for Chapter 7 Bankruptcy, it definitely means that you need to look into this option, if you have serious financial problems.A Chapter 7 bankruptcy, for probably 70% of the clients we see, is the perfect way to wipe out debts, keep your property, and rebuild credit. We have a proven program to quickly rebuild your credit after filing Chapter 7.  So, you should expect to get better credit than you probably thought possible, in record time! And you don’t need to be afraid that you'll lose property or end up with poor credit when you file Chapter 7 Bankruptcy.  When we handle your case, you'll be out of debt, and recovering your credit in very short order.		
			Chapter 13 Bankruptcy		
			Personal  Chapter 13 Bankruptcy		
		Most people in Middletown Ohio, even attorneys, don’t know how to get the best results in Chapter 13 Bankruptcy.  For consumers, it is no doubt the most powerful and flexible debt relief option available.   But, its more complicated than  Chapter 7 bankruptcy, and take a big commitment from the attorney to be successful.  Many attorneys are not able to provide the support to their clients needed by a Chapter 13 bankruptcy.Having practiced bankruptcy law for over 35 years, I can confidently state that more people should file Chapter 13 bankruptcy than actually do.  Why?  It’s simple, but sad.  They don’t even look at this option! Just because you qualify for Chapter 7 Bankruptcy doesn't mean it’s the best option.Just like figuring your taxes joint and individual if you are married, you should always consider the Chapter 13 Bankruptcy option and compare it to Chapter 7 Bankruptcy. This is truly depressing.  So many clients are told to file Chapter 7 bankruptcy and reaffirm on their cars because they did not do a full analysis of the Chapter 13 option.  Some of these folks could save thousands of dollars in Chapter 13 Bankruptcy.  Even pay their cars off early!Unlike Chapter 7, a Chapter 13 bankruptcy permits you to get current on missed car payments, and missed house payments. You don’t need to give up your home or car.  There is a way to stop foreclosure or repossession, and take up to 5 years to catch up your missed payments in Chapter 13. What about your credit?  We have you covered!  With our unique program, our clients are able to rebuild good credit as they get out of debt, and save their home and vehicles.		
			Debt Settlement & Debt Negotiation		
		There are many dangers associated with debt settlement and it is important for you to be aware of them before deciding to use a company that offers this service.Some of the dangers include:Low success rate - Debt settlement always includes a negotiation on the part of the debtor. And, negotiation doesn't work in all circumstances. There is also no guarantee that you will be able to negotiate your debts down enough to avoid bankruptcy.Interest and late fees may continue to accrue.  You could owe  MORE than you started with, if things don't work out, and often, they don't. Loss of time and money.  A debt settlement company can cause you to lose time and money, when things don't turn out as planned.  Not all creditors will agree to work with you.  And, when one of them decides to sue you, you could end up being forced to file bankruptcy, and lose all the time and money  you spent. Debt collection calls can continue- Debt settlement companies cannot protect you from your creditors.  They are not attorneys, and cannot represent you in court. 		
			The Cost of A Middletown Bankruptcy Attorney		
		In life, you get what you pay for. When it comes to finding the right lawyer, it is important that you invest in your future. How many times have you tried to save money on something and then later found out that you had wasted your time and money.Trying to save money by hiring a cut-rate, low-cost lawyer can be expensive in the long run.Hard to believe, but some attorneys think advertising for “cheap” legal services will increase their business.Would you go to the “cheap” surgeon? How about the “cheap” heart specialist?  Have you even seen such ridiculous advertisements for medical specialists? At Richard West Law Office, we make our professional services  available to you in a way that you can afford.We have payment plans that fit your budget.And, although we don’t advertise this, we sometimes will start your case for no money down.		
			Source of Debt in Middletown		
		Medical DebtIt’s estimated that 34% of families have medical bills. 28% of these people owe more than $10,000 in debt.This is true even with health insurance policies available.Student loanThe majority of people who attend school, and 42 percent of those from 18 to 29 years old, have student loan debt. This is a serious problem in Middletown Ohio.  And, student loan debt shows up on your credit report; lower your score if you default; the interest rate can eventually double what you owe. While bankruptcy may not get rid of student loan debt, it can eliminate other debts.Credit cardsToo many people get into credit card debt these days because it seems like all you need to do is fill out a quick online form and your new card is in your mailbox.Mortgage debtHome ownership is the American Dream. Interest rates rates are at historic lows, and housing prices are skyrocketing, so many people are rushing to buy a home before they should. Too often -- especially for first-time buyers -- homeowners don't recognize there's more to owning a home than the mortgage payments, property taxes and insurance. When they borrow more than they can afford, or overreach financially, the situation is ripe for trouble.LawsuitsNothing creates a sense of panic and fear like getting a lawsuit in the mail. If you are dealing with a lawsuit and feel like there is no way out, bankruptcy can stop your creditors from taking any further legal action. Failing to deal with the lawsuit can cost you part of your paycheck, or get your bank account wiped out.		
			Sources of Debt		
					
							
										Medical Debt
									
								
										Student Loan Debt
									
								
										Credit Card Debt
									
								
										Mortgage Debt
									
								
										Court Ordered Debt
									
						
			What They Can Claim		
					
							
										Foreclosure
									
								
										Car Repossession
									
								
										Wage Garnishment
									
						
			What They Can Cause		
					
							
										Stress
									
								
										Anxiety
									
								
										Divorce
									
								
										Suicide
									
								
										Depression
									
						
			Protect Yourself Against Creditors		
		Let us help. We can end the harassment and collections, the endless phone calls and lawsuits.  We can help you regain control over your finances.We know that your financial problems are deeply personal.  I understand because I have been there.  Experience is a harsh teacher. Your debt problems are emotional and financial.When you’re in debt, the quality of your life is destroyed.Life is too short. Don’t waste time feeling paralyzed and powerless. Contact us for a free telephone consultation. 		
			Types of Debts Discharged in Bankruptcy 		
		Most kinds of debts are discharged in bankruptcy.  Although some are not, but these are the kinds of debt you would expect to not be discharged, like most taxes, child support debt, and student loans.Credit card debts – Credit card debts are one of the main reasons you should file for Chapter 7 or Chapter 13 bankruptcy.When you think about it, you have probably paid your credit card companies much more than you ever purchased, and filing bankruptcy on credit cards can actually be the beginning of better credit.Medical bills – One serious illness, or a single emergency room visit, can lead to a bankruptcy.Even if you do have health insurance, unpaid deductibles can be more than you can pay.It’s very common to file bankruptcy on medical debt. Personal loans – Personal loans cause bankruptcy more than you may expect.Loan companies like One Main, Mariner, Tracir, are a few I see regularly. Internet loan companies, like BestEgg, Sofi, and Lending Tree are also causes for bankruptcy in Middletown Ohio.You should know that all of these are discharged in bankruptcy.Cash advance loans – Cash advances cause bankruptcy for many people.  The interest rates are so high that all you can do sometimes is make interest payments.   You never get out of debt. But these loans are wiped out in bankruptcy.  And you can discharge them even if you signed a paper that states you won’t file bankruptcy. Foreclosure and repossession deficiencies – After a home is foreclosed or a vehicle is repossessed, you get sued for the debt.These debts are discharged in bankruptcy.  You have the Federal Law power to wipe these debts out by filing bankruptcy. These creditors are serious.  Some will try to garnish your pay or wipe out your bank accounts. 		
			Rebuild Your Credit		
		Most people think that if they file Chapter 7 or Chapter 13 bankruptcy in Middletown Ohio that they will have to suffer bad credit for a long time. But it’s not because they have to, it’s because of the unknown process. We are going to teach you what you need to know about recovering your credit after filingBecause I am a certified credit counselor, and I had to rebuild my own credit after I went insolvent, I created a very effective, yet easy to follow plan to rebuild credit quickly after discharging debt in bankruptcy. I will teach you, too!When you have bad financial habits, it can be hard to change those habits when they become second nature. However, bankruptcy wipes the slate clean and allows you to start rebuilding your credit score from a more stable foundation.The majority of my clients see their FICO score increase at least 650-700 points within a year, some way sooner.		
			When Choosing A Bankruptcy Attorney in Middletown		
		A potential bankruptcy client should always be careful when looking for a lawyer near them. Cheap bankruptcy lawyers can specialize in "bankruptcy mills" that trick unsuspecting clients into thinking they save money only to find out the case is more expensive than if you were represented by an experienced Middletown Bankruptcy Lawyer who knows what they are doing and charges appropriately for their services as opposed to bait-and-switch tactics which often come with steep prices.The Middletown bankruptcy attorney that you pick to represent you in your case can be the difference between success and failure. When looking for a lawyer, try to find one who is experienced with bankruptcy law and not a $500 dollar bankruptcy attorney.It's clear that everyone needs a bankruptcy lawyer. The laws and regulations can be confusing, but not to worry--we're here for you! We have the experience necessary to help with your case while ensuring it is done right and at an affordable price.		
			How a Middletown Ohio Bankruptcy Attorney Can Help.		
		We provide you with 35 years of Expertise.  Richard West is a recognized Authority.  You can trust your finances to us!Being in debt in Middletown Ohio is not where you want to be. There are an increasing number of bankruptcy cases being filed in Middletown. Richard West has been filing cases there since 1986.There is only one board certified consumer bankruptcy specialist in Middletown, recognized by the Ohio Supreme Court, Richard West, who is certified by the American Board of Certification.Will you need to file bankruptcy? Perhaps not. Richard West knows that bankruptcy is NOT the right choice for everyone.  Because he is a certified debt specialist, he has helped many of his clients find non- bankruptcy programs to help fix their debt problems.If you want to file Chapter 7 bankruptcy or Chapter 13 bankruptcy in Middletown Ohio, your best bet is to get the best attorney for the job. You want someone who is a recognized specialist.  Someone who is certified and experienced in ALL forms of debt relief. Of course, this is just common sense. We all know that if you have a serious problem, you get a specialist.This is important. The choices you make now will have lasting impact on your finances for years to come. So, get this right, the first time.Call Richard West Law Office at (513) 268-5288 or use our bankruptcy evaluation form to get a free consultation.		
					
							
										Free Confidential Consultations
									
								
										Trusted By 30,000 Clients
									
								
										Over 350 4.9 Google Reviews
									
								
										Proven Credit Rebuild Program
									
								
										Affordable Payment Plans
									
								
										Remote Consultations
									
								
										File Online
									
								
										We Care About Your Future
									
								
										No Legal Fees Up Front (Ch 13)
									
						
			What Our Clients Say		
		
			We Service the Following Cities and Communities Outside and Inside of Middletown, Ohio.		
					
							
										Monroe
									
								
										South Middletown
									
								
										West Middletown
									
								
										Woodsdale
									
								
										Arbor Crest
									
						
					
							
										Wetherington
									
								
										Four Bridges
									
								
										Mason
									
								
										Landen
									
								
										Maineville
									
						
					
							
										Zoar
									
								
										Lebanon
									
								
										Germantown
									
								
										Gratis
									
								
										Carlisle
									
						
					
							
										Butler County
									
								
										Warren County
									
						
			Ready? Get on the Road to Bankruptcy Recovery		
		We are still open for remote filings in Middletown and remote consultations during the pandemic. All consultations are free and there is no catch. We only work with clients who want to work with us. Nothing high-pressure. We look forward to assisting you.		
					
														Get A Free Consultation
					
									OR								
										
														Call (513) 268-5288

### Huber Heights

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			Huber Heights Bankruptcy Attorney		
		#1 Filer of Chapter 7 and Chapter 13 Bankruptcy in Huber Heights, Ohio You deserve to get the best. That's why you want a Huber Heights Ohio bankruptcy attorney who is board certified and experienced in consumer debt counseling, as well as being qualified to help with financial troubles of all kinds! You need a certified specialist like Richard West Law Office - someone who has been helping others for 35 years, to help guide you to the best solution to fix your financial problems, and end your stress.When it comes time to get a real solution - one that includes rebuilding your credit,  you don't want to cut corners.  Serious debt problems,  personal finance matters such as foreclosure protection, lawsuits from creditors, and especially credit card debts-require analysis of all options, not just Chapter 7 or 13 bankruptcy.  For years, more families in Huber Heights Ohio have chosen consumer bankruptcy and credit counselor Richard West to help them to solid financial ground than any other attorney in the Huber Heights area.		
				
						Over 30,000 Families Served					
				
									
						Since1986, We have been the authority for debt relief and credit recovery. 					
				
						Your filing will be approved!					
				
									
						You can depend on us.  We're one of the oldest Debt Relief firms in the State of Ohio. 					
			Over 30 Years
Fighting Credit Card Predators		
					
							
										30,000 Clients Served
									
								
										Bankruptcy Attorney Since 1986
									
								
										Board Certified Bankruptcy Attorney
									
								
										Certified Credit Counselor
									
								
										Certified Debt Arbitrator
									
						
					
							
										A+ Better Business Bureau
									
								
										Over 350 Positive Google Reviews 4.9 -5.0
									
								
										Trusted by Thousands of Clients
									
								
										Member of Association of Consumer Bankruptcy Attorneys
									
						
																										
			Why Should You Hire a Bankruptcy Attorney in Huber Heights?		
		Many in Huber Heights Ohio need a bankruptcy lawyer who can assist them in controlling their finances. You need to look at all options, and bankruptcy should not be your "last resort" as is frequently claimed. Consider this. If you needed an operation you wouldn't waste time trying to treat yourself with drug store remedies?When you need bankruptcy, don't waste your time with  debt management programs, that usually just make money for them, and might end up getting you sued!Call the Huber Heights Ohio bankruptcy attorney who'll  help you evaluate all your options, and explain why, in many cases, one option is clearly the best for your unique situation.And, many are surprised to learn that Chapter 13 bankruptcy can do more for them than Chapter 7 Bankruptcy!Don't sell yourself short and for a Chapter 7 Bankruptcy attorney who can't explain the options in in Chapter 13 as well. It could cost you  thousands of dollars if you do.		
			Richard West Law Office		
		4752 Fishburg Rd #D, Huber Heights, OH 45424Phone: (937) 233-3101		
													
															
																										
			By Filing for Bankruptcy Relief in Huber Heights You Can		
			Wipe Out Debt, Keep Your Property & Rebuild Your Credit		
		Are you a Huber Heights, Ohio resident who is burdened with debt? Start here for an explanation on Bankruptcy options.		
			Chapter 7		
			
						
			Chapter 13		
			
						
			NON-Bankruptcy Options		
			
						
			THE COST OF AN ATTORNEY		
			
						
			Sources of debt in Huber Heights		
			
						
			How we can Help		
			
						
			Chapter 7 Bankruptcy		
			Personal Chapter 7 Bankruptcy Attorney		
		Last year was a tough year for many in Huber Heights Ohio, and thousands of families and individuals filed for Chapter 7 and Chapter 13 bankruptcy protection in the Dayton Bankruptcy Court, which is where all Huber Heights Ohio bankruptcy cases are filed.Most of the Huber Heights cases were Chapter 7 bankruptcy cases.  Chapter 7 is the most frequently used bankruptcy chapter in Huber Heights Ohio. You should know that if your income, based on your family size, is under the median income for Huber Heights, you are exempt from the means test in bankruptcy.  More than 50% of families in Huber Heights probably qualify for Chapter 7 Bankruptcy. So if your finances are in trouble, you owe it to yourself to look into Chapter 7 bankruptcy.Far from being a sign of failure, Chapter 7 bankruptcy is a dignified, legal way to wipe out debts, keep your property, and rebuild credit. And, Richard West is a certified credit counselor who has developed a proven program for credit rebuild. Contrary to common belief, you should not lose property or end up with poor credit or no credit when you file Chapter 7 Bankruptcy. In fact, our clients get back on track, with good credit, faster than they thought possible in most cases.		
			Chapter 13 Bankruptcy		
			Personal  Chapter 13 Bankruptcy		
		Did you know that Chapter 13 Bankruptcy is the most powerful and flexible debt relief option available?  Most people don’t. The truth is that many more people should file Chapter 13 bankruptcy than do. This is because too many of those who qualify for Chapter 7 Bankruptcy also qualify for Chapter 13, but don't consider the Chapter 13 Bankruptcy options.This is a shame. And I speak with many who come to me after being recommended to file Chapter 7 bankruptcy who should not. Instead, they reaffirm on their cars at sky-high interest rates.  They could have saved thousands of dollars if they file Chapter 13 Bankruptcy.Unlike Chapter 7 bankruptcy, a Chapter 13 bankruptcy offers a way to catch up on missed car payments, and missed house payments. Even if you have fallen behind, there's no need to lose your home or car.  You have another way to approach the problem. Chapter 13 can stop foreclosure or repossession. Chapter 13 gives you up to 5 years to get back on track.Credit rebuilding is actually possible while you are in Chapter 13.  You can be getting out of debt and, with our unique credit rebuilding program, you can actually rebuild your credit at the same time.		
			Debt Settlement & Debt Negotiation		
		Lots of people don't know the risks that come with a debt settlement. The worst part is that it can potentially tarnish your credit for years, but not everyone knows about this. Here are some things you should consider before deciding to settle your debts:While debt negotiation can be an effective way to settle your debt, it has many risks that most don’t know about.  Often, it will damage damaging a person's borrowing power for a long time, and make it impossible to later borrow money from financial institutions.Compared with filing bankruptcy where you pay nothing back to your creditors, settling will have more negatives than positives because of how much worse off one would be financially after negotiating versus going through Chapter 7 or Chapter 13 bankruptcy.		
			The Cost of a Huber Heights Bankruptcy Attorney		
		It’s true. You get what you pay for. When you are looking for the best bankruptcy lawyer for your financial problems, think of it as an investment in your credit future.We have all tried to save money, and it backfired on us.  We we end up paying more than we would have  if only we had spent the right amount in the first place.It’s foolish to try to save a few dollars by hiring a cut-rate, bargain-basement attorney for something this important.  Something you will do once in your life.Unbelievably, there are attorneys who intentionally advertises themselves as offering “cheap” legal services.  If they charge cheap rates, what can you expect the quality of their representation and preparation to be?Nobody in their right mind would choose the “cheap” heart surgeon? Don’t make this mistake.Our professional services are time-tested and we have a 35 year track record of success. And, we offer payment plans to help you afford the legal services you need, so you’ll get the results that will pay off with your success. This is too important to risk. We’re not the cheapest, nor the most expensive. And, although we don’t advertise for it, in some cases, we will even accept your case for no money down. You need quality, and we’ll help you to afford it.		
			Source of Debt in Huber Heights		
		MedicalNearly a third of consumers have some kind of medical bills, and nearly 30% owe over over $10,000!  If your medical bills cause you to struggle financially, you’re not alone.   Not having insurance is an instant disaster, but having insurance does not ensure that you won’t be devastated by even one trip to the emergency room.Student Loan DebtThis is a HUGE problem in for Huber Heights residents.  The temporary pause on student loans is ending, and this will put more pressure on budgets than many can handle.  This will result in default, and these defaults will show up on your credit report, lowering your score. Even though bankruptcy is not a solution for student load debt in most cases, by erasing other debts, you may find it easier to make payments on student loan debt.Credit Card DebtCredit cards can easily get out of hand.  They are convenient lines of credit and in some cases can get you through temporary tough times.But, it’s too easy to get into trouble with credit card debt.  Add a few cash advances on credit cards, to a couple of balance transfers and you may have more than you can handle. Credit has never been easier to get, and in the U.S., the amount of consumer credit debt continues to grow.  Easy credit turns into difficult decisions you need to make to get out of debt.  When you have more than you can handle, bankruptcy may be the best solution.Mortgage debtEven though we all dream of home ownership, trying to do too much, too fast, can be a recipe for financial stress and hardship. Although interest rates are at historic lows and the market is hot, too many families are rushing to get a home before they should.  This is especially dangerous for first time home buyers who don’t recognize that the additional costs of home ownership on top of the mortgage, interest, taxes and insurance.They tend to borrow more than they can comfortably handle, and have no “cushion” for these other expenses. When this happens, they sink further into debt, charging repairs and things they need for the house on credit cards. LawsuitsThe last thing anyone wants to see is a lawsuit in the mailbox.  Creditors have stopped working with customers like they used to, so we are seeing a significant increase in collection lawsuits.Once you get sued, the result is almost always a judgment against you.  Armed with a judgment, the creditor will use “all legal methods” against you to collect the debt.  Collection actions include garnishment, liens and repossession and foreclosure.  Often, filing Chapter 7 or Chapter 13 bankruptcy is necessary to protect your income and personal property and end the lawsuits and collections. 		
			Sources of Debt		
					
							
										Medical Debt
									
								
										Student Loan Debt
									
								
										Credit Card Debt
									
								
										Mortgage Debt
									
								
										Court Ordered Debt
									
						
			What They Can Claim		
					
							
										Foreclosure
									
								
										Car Repossession
									
								
										Wage Garnishment
									
						
			What They Can Cause		
					
							
										Stress
									
								
										Anxiety
									
								
										Divorce
									
								
										Suicide
									
								
										Depression
									
						
			Protection Against Aggressive Crditors		
		You have rights under Federal and State Law. You do not have to put up with harassment and collections, rude telephone calls and creditor lawsuits. We can help you put an end to all of this.Your financial future and peace of mind are at stake. Being in debt can be a difficult burden to carry on your shoulders, but it doesn't have to stay that way! I've been there before you know how this feels – because my own journey through creditor abuse and collection tactics.You deserve better than feeling paralyzed and powerless - don’t let anxiety over money ruin any more moments with friends or family members who love you!  		
			Types of Debts Discharged in Bankruptcy 		
		Nearly all common types of debt are eliminated in a bankruptcy case. Some are not. Mostly debts you would expect, most taxes, child support debt, and student loans. Credit card debt – Credit card debt is probably the single most commonly encountered reasons for filing Chapter 7 or Chapter 13 bankruptcy.The fact is that you have probably paid the credit card companies a lot more than you have purchased over the years.   When you add up all the high interest rates, late fees and over-limit fees you’ve paid, it’s often more than two times what you bought!Worried you’ll never be able to get credit if you file bankruptcy?  You needn’t worry, you WILL be able to get new credit cards.  In fact, turs out that filing bankruptcy on your credit cards is often the beginning of better credit.Medical bills – This is second only to credit card debt.  Health insurance today is not what it once was, and even if you have it, the high deductibles can spell financial disaster for anyone.Filing bankruptcy on medical debt is on the rise, and for good reason.  But don’t worry that you won’t be able to get medical treatment if you file bankruptcy on medical debt.   You’ll always be able to go to the emergency room if you need to. Personal loans – Personal loans are as close as a check in the mail for most of us.  Seems like you can’t get away from them.  The finance companies like One Main, Mariner, Tracir, as well as the online loan companies, like BestEgg, Sofi, and Lending Tree all want to loan you money, at 24.99% interest.  These loans are easy to get and hard to pay off. And, all of these personal loans can be discharged in bankruptcy.Cash advance loans – The worst kinds of loans you can get are the cash advance loans. With interest rates of over 300%, they almost always spell disaster. Fear not!  You can discharge these cash advance loans in bankruptcy. And don’t worry if you have signed an application that says you won’t file bankruptcy.  I have discharged thousands of these loans, and have never failed to discharge a cash advance loan.Foreclosure and repossession deficiencies – When your home is foreclosed on or your vehicle is repossessed, you will almost certainly be sued for the “deficiency.”  In foreclosure cases it is mandatory, and in repo cases it always happens. And, these debts are discharged in bankruptcy.  And, after suing you, the creditors will “park” the debt on your credit report. The harm caused by the credit report entry is often overlooked, however, but it costs you thousands of dollars due to the low score you have as a result.You have the Federal System at your disposal to wipe these debts. Serious solutions for serious debt problems. These collections can be extremely aggressive. Wage and bank account garnishments are on the rise. Filing Chapter 7 or Chapter 13 can protect you from these aggressive collection tactics.		
			Rebuild Your Credit		
		A common misconception many people have is they believe if they file Chapter 7 or Chapter 13 bankruptcy in Huber Heights Ohio that they will have bad or no credit for years.Unfortunately for many, this is indeed the case. But not our clients.As a certified credit counselor, and because I had to restore my own credit after insolvency, I have designed an effective, practical program that helps you to rebuild credit quickly after discharging debt in bankruptcy.It makes sense when you think about it. If you wipe out your debt, you create a “clean slate” which is a perfect beginning for most people to rebuild their credit. It’s proven program that really works!  Time tested with thousands of our clients. The process is simple and straightforward.  It takes you step by step, from wherever you are to a good credit score in about one year.Nearly every one of our clients who follow this simple, yet powerful program, end up with credit scores of 650 – 700 within a year of their bankruptcy being over, or even while they are still in their Chapter 13 bankruptcy. These are actual, typical results.  Some do even better!		
			When Choosing A Bankruptcy Attorney in Columbus		
		When looking to file for bankruptcy attorney near me, be wary of cheap bankruptcy attorneys in Huber Heights. Cheap lawyers often come from "bankruptcy mills" that will take your money and not do a good job explaining the process. Be sure you find an experienced attorney who is well versed in Columbus Bankruptcy Law so they can give you accurate advice before filing instead of finding out after it's too late! $500 bankruptcy attorneys can hurt you years down the line and then it will be too late.At our law firm, we know that every case is different and will be handled with utmost care. This can only happen if you have a knowledgeable team on your side--that's why we offer affordable services to all of those who retain us for their cases.		
			How a Huber Heights Bankruptcy Attorney Can Help.		
		You need Expertise, Compassion, A Proven Track Record,  Trusted by Thousands.  Being hounded by creditors in Huber Heights Columbus Ohio is not a good place to be.  If you live in Huber Heights, your bankruptcy would be filed in the Dayton Bankruptcy Court.  In 2020, there were nearly 3,000 bankruptcy cases filed, and that number is expected to increase as our economy is still struggling. While there are many attorneys in Huber Heights, there is only one board certified consumer bankruptcy specialist, recognized by the Ohio Supreme Court, Richard West, who is certified by the American Board of Certification.You need to review a number of factors to endure you get the best option for debt relief. Richard West knows that bankruptcy is a good option for many, but, it could spell disaster for some. It’s not for everyone.Because he is also a certified debt specialist, and has successfully negotiated hundreds of debts without filing bankruptcy, he can advise you which is best, debt settlement, or bankruptcy. Whether or not you need to file bankruptcy, or use a non-bankruptcy approach, your best approach is to hire the right attorney for the job. You want one who is a true specialist for the problem you now need to solve.This is the common sense approach. We all know that when we have a serious problem, we should have a specialist to guide us. Getting the right solution to your difficult debt problem is essential to your future, and will have lasting and profound effects on your financial situation for years to come. You can’t afford to place your future in the hands of anyone less than the best. You’ll do this one time, so make sure you get this right, the first time.Thousands of families in Huber Heights area have trusted their financial recovery to Richard West. You can too.		
					
							
										Affordable Payment Plans
									
								
										Free Confidential Consultations
									
								
										No Legal Fees Up Front (Ch 13)
									
								
										Trusted By 30,000 Clients
									
								
										Over 350 4.9 Google Reviews
									
								
										We Care About Your Future
									
								
										Proven Credit Rebuild Program
									
						
			What Our Clients Say		
		
			We Service the Following Cities and Communities near Huber Heights, Ohio.		
					
							
										Riverside
									
								
										Vandalia
									
								
										Fairborn
									
								
										Tipp City
									
								
										Englewood
									
						
					
							
										West Carrollton City
									
								
										Englewood
									
								
										Trotwood
									
								
										Kettering
									
								
										Clayton
									
						
					
							
										Woodbourne-Hyde Park
									
								
										Beavercreek
									
								
										Fairborn
									
								
										Xenia
									
								
										Vandalia
									
						
					
							
										Shiloh
									
								
										Montgomery County
									
						
			Ready? Get on the Road to Bankruptcy Recovery		
		We are still open for remote filing in Huber Heights and remote consultations during the pandemic. All consultations are free and there is no catch. We only work with clients who want to work with us. Nothing high-pressure. We look forward to assisting you.		
					
														Get A Free Consultation
					
									OR								
										
														Call (937) 233-3101

### Reynoldsburg

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			Reynoldsburg Bankruptcy Attorney		
		Trusted Chapter 7 and Chapter 13 Bankruptcy Attorney in ReynoldsburgPersonal Bankruptcy Attorney Richard West has helped thousands of clients file for Chapter 7 Bankruptcy  & Chapter 13 Bankruptcy in Reynoldsburg. He's a Board Certified Consumer Bankruptcy Specialist, and a certified Credit Counselor and Debt Arbitrator.  He compares all of your options, so you get the best results.  We are a debt relief agency.		
				
						Over 30,000 Families Served					
				
									
						Since1986, We have been the authority for debt relief and credit recovery. 					
				
						Your Case Will Be Approved!					
				
									
						You can depend on us.  We're one of the oldest Debt Relief firms in the State of Ohio. 					
			Over 30 Years
Fighting Credit Card Predators		
					
							
										30,000 Clients Served
									
								
										Bankruptcy Attorney Since 1986
									
								
										Board Certified Bankruptcy Attorney
									
								
										Certified Credit Counselor
									
								
										Certified Debt Arbitrator
									
						
					
							
										A+ Better Business Bureau
									
								
										Over 350 Positive Google Reviews 4.9 -5.0
									
								
										Trusted by Thousands of Clients
									
								
										Member of Association of Consumer Bankruptcy Attorneys
									
						
																										
		You are not alone. Many in Reynoldsburg Ohio need the help of a good bankruptcy attorney.You have many options, and bankruptcy should not be your "last resort" as you hear all the time from uninformed people.I like to think of it this way. If I needed surgery, why would I want to waste time with drug store remedies?  If I really need to file bankruptcy, I should not be wasting time with ineffective debt management programs.You should call the Reynoldsburg Ohio bankruptcy lawyer who is qualified to help you compare all your options, both bankruptcy and non-bankruptcy.Importantly, you need to understand how Chapter 13 bankruptcy offers more advantages than Chapter 7 Bankruptcy! Too often people settle for a Chapter 7 Bankruptcy attorney who fails to explain options in in Chapter 13 as well. You could be missing out on thousands of dollars saved if you do.		
			Richard West Law Office		
		1604 Lancaster Avenue #B Reynoldsburg, Ohio 43068
Phone: (614) 852-4488		
													
															
																										
			By Filing for Bankruptcy Relief in Reynoldsburg You Can		
			Wipe Out Debt, Keep Your Property & Rebuild Your Credit		
		Are you a Reynoldsburg, Ohio resident who is burdened with debt? Start here for an explanation on Bankruptcy options.		
			Chapter 7		
			
						
			Chapter 13		
			
						
			NON-Bankruptcy Options		
			
						
			THE COST OF AN ATTORNEY		
			
						
			Sources of debt in Reynoldsburg		
			
						
			How we can Help		
			
						
			Chapter 7 Bankruptcy		
			Personal Chapter 7 Bankruptcy Attorney		
		Chapter 7 bankruptcy is typically used when you have a lot of debt and no reasonable way to pay it off. It's the best option for some people because want their debts discharged as quickly as possible so they can immediately get a fresh start.In addition, Chapter 7 bankruptcy can help people keep many types of property, such as a home, car, or furniture. This is because you can "reaffirm" these secured debts, and discharge your unsecured debts, which frees up money to pay for the things you want to keep.There are many benefits of filing for chapter 7 bankruptcy. Chapter 7 is consumer bankruptcy. You will read that this means liquidation of assets and discharge of debt. But this is seldom the case. Most of our property is protected by law, so you almost never see any property lost when you file Chapter 7 Bankruptcy.Chapter 7 Bankruptcy generally has two goals: wipeout credit card and other unsecured debts and help the debtor(s) become financially stable again. It is the most common form of bankruptcy protection.		
			Chapter 13 Bankruptcy		
			Personal  Chapter 13 Bankruptcy		
		I have been filing Chapter 13 bankruptcy for over 35 years and confidently tell you that Chapter 13 Bankruptcy is probably the most powerful and flexible debt relief option that exists. More people should file Chapter 13 bankruptcy than do, because many who qualify for Chapter 7 Bankruptcy don't consider the Chapter 13 option.Chapter 13 bankruptcy is a well-known option for people who have been able to keep up with their payments but are not getting ahead, and don't want to continue making minimum payments for the rest of their lives.Also Chapter 13 bankruptcy is also a great option because it can stop foreclosure or repossession of your home.Chapter 13 bankruptcy is only available to consumers who have a regular source of income. The payment plans last for 3-5 years.Chapter 13 also protects your property from creditors and allows you to make one monthly payment to a trustee. Payments are made out of your current income, so you should not need to rely on credit card debt or other loans to meet your living expenses.After the repayment plan is completed, all of your remaining dischargeable debts will be erased from your credit report and won't impact your ability to apply for any new credit. This is an advantage to chapter 13 bankruptcy because you can file this type of bankruptcy in order to stop foreclosure on your home and then use a payment plan to catch up on the mortgage after the bankruptcy is over.		
			Debt Settlement & Debt Negotiation		
		Debt settlement is sometimes an option to save money and not have to declare bankruptcy, but there can be major drawbacks. Debt settlement is when someone pays back their debt over time (usually over a period of 2-5 years) and the creditor agrees to write off the remaining amount.The danger of debt settlement is that if you miss even one monthly payment on your debt, your creditor may threaten to sue you for non-payment. You may try and settle with them at this point or may have to file for bankruptcy, which means you will have lost all the time and money invested in the failed debt settlement plan.If you choose to settle, then the debt management plans, of course, will charge you for their services (this is how they make money). Debt settlement is not free. While you may save some money by settling your debts, it often eventually will all catch up with you. Often this turns out to be a more costly option than bankruptcy.But if you have no other options and want to be able to keep your assets (like your house), then this may work for you.So why should you even consider filing bankruptcy? If you are suffering from medical bills or other debts that come as a result of being sick, bankruptcy is the best way to alleviate your worries. With bankruptcy, you can protect many of your assets (your home in particular) and not have to worry about paying back loans for a certain amount of time as the statute on debts is extended. Sometimes these debts can be wiped out altogether.		
			The Cost of a Reynoldsburg Bankruptcy Attorney		
		Consider these few points when looking for the right bankruptcy lawyer:When looking for a qualified attorney for your bankruptcy proceedings, a cheap bankruptcy lawyer in Reynoldsburg is not the best way to go, nor are bankruptcy mills as you will be the one to suffer the consequences years down the road. An experienced and certified bankruptcy attorney is your best bet for getting optimal results.1) You get what you pay for. Hiring an experienced, certified attorney in this field will cost more than the bargain-basement cut-rate lawyers.2) You’ll likely have your debts discharged with confidence, and with less probability of complications, than if you choose someone who may cut corners in order to advertise for cheapest rates.Don’t think that hiring a low-quality lawyer, just because their rates are cheap, will result in the best outcome for you.At Richard West Law Office, we get the big picture. We address all of your concerns and needs (whether or not they involve money), we know how to properly work out payment plans that will work within your budget and as an added bonus, if necessary on occasion, even the down payment is waived. We care more about you than that!		
			Source of Debt in Reynoldsburg		
		Medical Debt According to CNBC, with medical emergencies and different types of coverage on the rise, a third of households today have medical bills. The percentage is even higher for those who don't get insurance through their job or government programs: "almost one third" are in this category. Nearly 30% of these families owe more than $10,000 in unpaid medicalStudent loanStudents account for 42% of individuals in the age bracket of 18 to 29 who have a student loan. This is an important component for Reynoldsburg, Ohio residents, since it's been found that your credit ratings are lowered by defaulting on these loans. But, by discharging other debts in bankruptcy, you may now have money freed up to begin payments on student loans.Credit cardsAccording to a survey by CreditCards.com, over 70% of debtors say they would file for bankruptcy if there was money in the budget to make other payments. 27% said they'd have enough left over after their credit cards were paid off; while 28% thought that paying off all their other debts would enable them to focus all their money on their credit cards. In fact, many people experience relief simply by being able to mark one item off their list of debts; after filing for bankruptcy, it's not uncommon to see creditors call and apologize for high interest rates or late fees that were unfairly applied to the account.Mortgage debtThe American Dream sometimes turns into a nightmare. Costs of home ownership is more than the house payment.Many homebuyers, especially first timers, fail to recognize that there are many associated costs with owning a home. When these new homeowners borrow up to their max and don't have any money left for other expenses, then the dream of a new home can turn into a nightmare. Sometimes it's better to let go of that house and start from scratchLawsuitsMany consumers are seeing the same frightening experience come their way these days- a lawsuit in the mail. The easy solution, many Americans think, is to pay off what was owed and avoid future contact with the creditor. For some people paying off the debt does end up being an effective strategy- but for others it just leads them into more of a financial bind. And for many, it's just impossible.There are options out there for consumers who want to steer clear of this lawsuit debt. By filing bankruptcy, many consumers can discharge the debt from their judgment and pay nothing on it in the future. Consumers will also be able to rebuild their credit score by showing new creditors that they have a history of paying bills on time.We have a tremendously effective credit rebuilding program, which typically results in credit scores of 650 - 700 within only a year of your discharge.		
			Sources of Debt		
					
							
										Medical Debt
									
								
										Student Loan Debt
									
								
										Credit Card Debt
									
								
										Mortgage Debt
									
								
										Court Ordered Debt
									
						
			What They Can Claim		
					
							
										Foreclosure
									
								
										Car Repossession
									
								
										Wage Garnishment
									
						
			What They Can Cause		
					
							
										Stress
									
								
										Anxiety
									
								
										Divorce
									
								
										Suicide
									
								
										Depression
									
						
		You might have already tried to deal with your creditors on your own.  Credit card companies, student loan lenders, and collection agencies are powerful, intimidating forces whose sole objective is to squeeze money out of you at any cost.  They don’t care if they ruin your credit or make it impossible for you to borrow again in the future.  When a debt collector in your life threatens you or has already sued you, it’s time to get professional help and end the harassment once and for all.You owe money—we can help stop the collection!  Our bankruptcy attorneys have been assisting clients with their financial problems for over 35 years.		
			Types of Debts Discharged in Bankruptcy 		
		When most people file for bankruptcy, they are able to have their debts discharged.Except for taxes, child support debt and student loans, most of your debt is wiped out forever. Credit card debt – Credit card debt is one of the top reasons we file for Chapter 7 or Chapter 13 bankruptcy.You've probably paid a lot more than what you borrowed to the credit card company, due to high interest rates, late fees and over-limit fees. Filing for bankruptcy will even it out, don't worry! You can get new credit cards.Medical bills – Another leading reason for bankruptcy is unpaid medical bills. Even though you may have health insurance, high deductibles pose a significant threat to your financial stability.Filing bankruptcy on medical debt is a common option, and necessary in many cases. However, your health needs will not be neglected if you undergo this process, and you will still be able to get health care, even after discharging medical debt.Personal loans –Personal loans are a big problem in America. Finance companies like One Main, Mariner, and Tracir make getting into impossible debt situations easier than ever––not to mention online loans from BestEgg, SoFi or LendingTree.Fortunately, these personal loans can be discharged in bankruptcy.Cash advance loans –Cash advance loans are a short-term, high interest loan––usually from $100 – $1000. They can be a solution when you don't have long to pay for an expense, but they will cause more problems than benefits if used without caution.If you file bankruptcy these are dischargeable.Foreclosure and repossession deficiencies – If your home is foreclosed or your car is repossessed, don't be surprised if you are sued and you may owe a deficiency to the creditor. All of these debts will be discharged in bankruptcy.These debts can be removed by filing bankruptcy. Some creditors are very aggressive, and will seek to garnish your pay or wipe out your bank accounts. Filing Chapter 7 or Chapter 13 can protect you from these aggressive collection tactics.		
			Rebuild Your Credit		
		Because of common misunderstanding and the overall lack of any guidance provided to clients by most bankruptcy attorneys, many people assume they will have no credit for some time after. Thankfully, this isn't always the case. Not if you have my program to help you.I am a certified credit counselor, and I had to rebuild my credit after going insolvent. So that’s why I created this very effective yet easy to follow plan to help you rebuild your credit quickly following bankruptcy.If you want to get your credit back on track, bankruptcy can help clear the slate and set you up for future success.Most of my clients, all who follow this simple program, achieve a FICO score in the 650-700 range one year after their bankruptcy.		
			How to Choose A Bankruptcy Attorney in Reynoldsburg		
		It is important to be wary of bankruptcy lawyers near you that provide the bait-and-switch tactic. Cheap bankruptcy mills often use this approach, which will inevitably come with a steep price and false promises about savings.Bankruptcy can be a scary and expensive process. But, if you're looking for the best representation possible in Middletown it's worth taking time to find the right bankruptcy lawyer near me who will prevent bankruptcy mills from hurting my finances more than necessary by tricking unsuspecting clients into thinking they save money when really their case is more expensive than what could have been had with an experienced attorney that knows how to represent them properly. $500 dollar bankruptcy tactics can really cost your in the end.Our bankruptcy law firm is here to help you with any case, no matter the severity of your situation. With affordable services for every client and a knowledgeable team on their side; we are confident that our clients will leave satisfied.We understand how stressful it can be when going through financial difficulties--that's why at ours bankruptcy law firm we ensure every individual has access to an educated legal team who specializes in this area of work so they'll have someone fighting alongside them during these trying times.		
			How a Reynoldsburg Bankruptcy Attorney Can Help.		
		We have the proven track record, and board certified expertise you can rely on.Being in debt in Reynoldsburg Ohio is not a good place to be. The Reynoldsburg and Columbus area have some of the highest bankruptcy filing rates in the state. If you live in Reynoldsburg, your case will be filed in the Columbus Bankruptcy Court.While there are other attorneys in Reynoldsburg, , there are only two board certified consumer bankruptcy specialists in the entire Columbus Ohio area who are recognized by the Ohio Supreme Court, and one of them is Richard West, who is certified by the American Board of Certification.There are many factors to consider when evaluating your debt relief options. Richard West knows that bankruptcy is not the best option for everyone.That’s why he is also a certified debt specialist, who has assisted many of his clients work out their debts in non- bankruptcy programs. Whether you need Chapter 7 bankruptcy or Chapter 13 bankruptcy in Reynoldsburg, Ohio, it's best to get the right kind of counsel.When you have a serious problem, it's best to get a specialist.  The decision that you make now will affect your financial stability for many years to come, so it's important that you hire the right bankruptcy lawyer in Reynoldsburg Ohio for the job.		
					
							
										Free Confidential Consultations
									
								
										Trusted By 30,000 Clients
									
								
										Over 350 4.9 Google Reviews
									
								
										No Legal Fees Up Front (Ch 13)
									
								
										Affordable Payment Plans
									
								
										Remote Consultations
									
								
										File Online
									
								
										We Care About Your Future
									
						
			We Service the Following Cities and Communities near Reynoldsburg, Ohio.		
				
					
							
										East Broad, OH
									
								
										Whitehall, OH
									
								
										Gahanna, OH
									
								
										Pickerington, OH
									
								
										Bexley, OH
									
						
					
							
										Pataskala, OH
									
								
										Westerville, OH
									
								
										Upper Arlington, OH
									
								
										Worthington, OH
									
								
										Grove City, OH
									
						
					
							
										Lincoln Village, OH
									
								
										Dublin, OH
									
								
										Hilliard, OH
									
								
										Lancaster, OH
									
								
										Briarcliff, OH
									
						
					
							
										Rose Hill Heights, OH
									
								
										Brice, OH
									
								
										Blacklick, OH
									
								
										Taylor Station, OH
									
								
										Big Walnut, OH
									
						
			Ready? Get on the Road to Bankruptcy Recovery		
		We are still open for remote filings in Reynoldsburg and remote consultations during the pandemic. All consultations are free and there is no catch. We only work with clients who want to work with us. Nothing high-pressure. We look forward to assisting you.		
					
														Get A Free Consultation
					
									OR								
										
														Call (614) 852-4488

### Cleveland

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Cleveland Ohio Bankruptcy Attorney
Richard West Law Office has helped thousands of people in Cleveland, Ohio file for bankruptcy. As a debt relief agency we can help you figure out your options for filing for bankruptcy, rebuilding your credit, and getting a fresh start.

Our Cleveland bankruptcy team is full of honest, dedicated and compassionate advocates who will fight to help their clients get the fresh financial beginning that they deserve. We have handled thousands of cases with great success; our knowledgeable attorneys are able to eliminate debts completely or create repayment plans for those in need.

We know how difficult this process can be and we want you to feel at ease knowing that your case is being taken care by such a skilled group as ours - please contact us today!
Over 30,000 Cases Filed
Since1986, We have filed the most bankruptcies in Dayton for our clients.
Your Case Will Be Approved
We have had great success in Ohio Bankruptcy Filings.
Over 30 Years
Fighting Credit Card Predators

 	30,000 Clients Served
 	Bankruptcy Attorney Since 1986
 	Board Certified Bankruptcy Attorney
 	Certified Credit Counselor
 	Certified Debt Arbitrator


 	A+ Better Business Bureau
 	Over 350 Positive Google Reviews 4.9 -5.0
 	Trusted by Tens of Thousands of Clients
 	Member of Association of Consumer Bankruptcy Attorneys

Richard West Law Office
(330) 333-5771

 

By Filing for Bankruptcy Relief in Cleveland You Can
Wipe Out Debt, Keep Your Property & Rebuild Your Credit
Are you a Cleveland Ohio resident who is burdened with debt? Start here for an explanation on Bankruptcy options.
Chapter 7
 
Chapter 13
 
NON-Bankruptcy Options
 
THE COST OF AN ATTORNEY
 
Sources of DEBT in Cleveland
 
How we can Help
 
Chapter 7 Bankruptcy
Personal Chapter 7 Bankruptcy Attorney
Last year, 2020, was a tough year for many in Cleveland Ohio, and thousands of families and individuals filed for bankruptcy protection.

Most of these cases were Chapter 7 bankruptcy cases.

Chapter 7 is the most common form of bankruptcy in Cleveland, OH, but only some people qualify. Mostly those who make less than median income based on their family size.

Over half of us qualify for Chapter 7 bankruptcy, so consider this option if you need a serious fix.

Chapter 7 bankruptcy often enables us to recover property and wipe away debts, allowing individuals time to rebuild good credit.

Don't worry that you'll lose property, suffer poor credit, or have no credit when you file chapter 7 bankruptcy. Rebuilding credit after fling Chapter 7 is easier than it seems, if you have a proven program like ours.
Chapter 13 Bankruptcy
Personal Chapter 13 Bankruptcy
Chapter 13 Bankruptcy is a powerful debt relief option. More people should consider it because they even though they may be eligible for Chapter 7 Bankruptcy it's a mistake to overlook Chapter 13 Bankruptcy as an alternative. They may be better off in Chapter 13.

Chapter 13 bankruptcy, which helps individuals repay their debts in a three-to-five year period can be less expensive for families and save them from overpaying for cars they get to keep, and pay less for, in Chapter 13.

Chapter 13 bankruptcy allows debtors to catch up on car and house payments.

When many of us were hit by the pandemic and then the economy went into a downturn, we found ourselves unable to keep up with our debt payments.

Chapter 13 of bankruptcy can help you save your home or car when foreclosure or repossession is imminent. As part of this particular chapter, you are able to catch up on missed payments for up to 5 years.

And, with our time-tested credit rebuilding program, our clients quickly rebuild credit at the same time they are reorganizing their finances.
Debt Settlement & Debt Negotiation
It's a common misconception that debt settlement is a reliable and safe a way to get rid of your debt and that it will make everything better, but in actuality, you could end up with serious consequences such as a tax lien or wage garnishment.

Debt settlement is not guaranteed to eliminate the balance owed on your debt-in fact, it can cause the creditor to increase the interest rates and profits on your remaining balance. This is why we recommend filing for bankruptcy over debt settlement.

The Dangers of Debt Settlement

There are many dangers associated with debt settlement that you should be aware of before committing to the program.

A debt settlement program is a great way to ruin your credit, causing you to pay more interest on back debts in the future. You can be sued by creditors and collection agencies who are not obligated to work with your debt settlement program.

Why We Recommend Filing For Bankruptcy Over Debt Settlement Discharge

We strongly suggest that you avoid debt settlement and instead go through the legal bankruptcy discharge process. This will protect your retirement fund, and wages from future creditors as well as stop collection attempts against you.

You can get rid of all (or most) of your debts using bankruptcy and you won't be in danger of harassment from debt collectors. Bankruptcy will also help you get a fresh start so that you can pay your living expenses without being concerned about going into debt again.
The Cost to File Bankruptcy in Cleveland
When you consider the cost to file bankruptcy, it's important to remember that you get what you pay for. This should serve as an investment in your financial future. Have there been times when you've attempted to save money but then discovered later on that this actually saved nothing at all?

If you are thinking of saving money by hiring a legal services attorney who advertises discounted rates, stop. The cost to file bankruptcy Chapter 7 and Chapter 13 is often many times what you think it will be as an incentive for these attorneys to take on your case.

Richard West Law Office strives to make our top-notch bankruptcy expertise available to you in a way that is affordable. Payment plans are customized to your budget. We start working for you from day one, accepting all of your creditor calls right away and equipped with the personal touch needed as we educate you about your options.
Source of Debt in Cleveland
Medical

Nearly one-third of families have some kind of medical bills, and 28% of these have balances over $10,000.  If you have medical debt that is making it difficult or impossible to meet your living expenses, it's time for action.

Even if you're fortunate enough to be insured, a serious illness can wipe out your savings, and it may take years to pay off accumulated medical debt.  The average medical bill today is $9,000 - more than double the national average in 1983.

Student loan

The majority of 18 to 29 year olds with student loans attend college and 40% of those attending have debt.   This is a major issue in Cleveland, Ohio and can lower your credit score if you default.  In some cases interest rates also double what you owe - bankruptcy may not be the solution but it does help get rid of other

Credit cards

Credit cards are a necessary part of life, but they can be a huge burden if not managed properly. A person can easily run into trouble by taking cash advances from credit cards, doing balance transfers or following “teaser rates”. Credit has never been easier to acquire and it seems like all you need to do is fill out an online

Mortgage debt

Purchasing a home is the American Dream. Interest rates are at historic lows and housing costs are skyrocketing. Unfortunately, too many borrowers focus on buying before they make budget plans for taxes, insurance, and other extra spending that comes with owning a home. When buying with little left over in the budget for these expenses, homeowners can find themselves swimming in red ink.

Lawsuits

Lawsuits are not uncommon, but lawsuits from creditors can be all the more terrifying. Personal protection against creditor lawsuits is possible with bankruptcy.

The benefit of bankruptcy protection against creditor lawsuits is that it also stops government tax collectors and the courts from levying your personal income, assets and property to pay off a lawsuit.

Bankruptcy petitions may also be filed against Creditors who file lawsuits against you, stopping them from collecting their debt.
Sources of Debt

 	Medical Debt
 	Student Loan Debt
 	Credit Card Debt
 	Mortgage Debt
 	Court Ordered Debt

What They Can Claim

 	Foreclosure
 	Car Repossession
 	Wage Garnishment

What They Can Cause

 	Stress
 	Anxiety
 	Divorce
 	Suicide
 	Depression

Protect Yourself From Creditors
If you are struggling with debt and need help, you have options. The first step in dealing with your debts is to determine if bankruptcy is right for you.

Serving clients in bankruptcy for the past decade, I understand what it takes to get through this difficult process.  The last thing you need is more stress.  Let me help you figure out your options and make a plan that works best for your situation.
Types of Debts Discharged in Bankruptcy

 	Credit Card Debt
Credit card debt is a major reason to file for bankruptcy. The interest charged on credit card debt often forces you to pay much more for things you buy. Credit card debts are referred to as “unsecured debts,” which means the things you purchase cannot be repossessed if you discharge the debt in bankruptcy.
 	Medical Bills Medicals bills are another top reason people file bankruptcy in Cleveland,  Ohio. Even if you have insurance, the cost of any medical issue can be too much to handle. Often, it only takes a single trip to the hospital to break your budget. Medical bills are discharged in bankruptcy, and if you do file bankruptcy on medical debt, you will not be denied medical treatment in the future, should you need to go to the emergency room.
 	Mortgage Debt Bankruptcy will discharge debt arising from a foreclosure. Foreclosure sales often result in very large deficiency judgments, which ruin your credit. Normally the amount is so large you will never be able to pay it. You can discharge this deficiency in Chapter 7. If you’re behind on your mortgage, filing bankruptcy in Cleveland Ohio, can stop the sheriff’s sale and give you time to catch up on missed payments. By discharging other debts, you free up money to catch up on your mortgage.
 	Personal Loans (including Payday Loans and Cash Advances) These are unsecured debts and can be discharged in bankruptcy. Often you are required to sign a document that indicates you are not filing bankruptcy. These are totally unenforceable in bankruptcy! You cannot “sign away your right to file bankruptcy” on these loans. While there are a few considerations to observe, like how long ago the loan was taken out, we discharge these debts every day.
 	Forbearance Debt on Mortgage If you have a mortgage forbearance and did not make your mortgage payments, some mortgage lenders want you to pay more than you can afford to catch up.When the payments are more than you can afford, bankruptcy can give you up to 5 years to catch up on the missed payments. You would discharge your unsecured debt with little or no payment and free up money to save your home.
 	Evictions and Bankruptcy Debt owed from apartment leases can be discharged in bankruptcy. This includes back rent as well as “damages” the landlord claims you may have caused. Discharging debt related to broken leases and evictions will generally not keep you from being able to rent another apartment or house later. In fact, many landlords look at a prior bankruptcy as a positive thing.Having little or no debt means that you will be better able to pay your rent on time!
 	Student Loan Debt
Although student loans are seldom discharged in bankruptcy, you could free up money in your budget to start paying the student loans by discharging other debts. And, if a student loan creditor is suing you, bankruptcy can give you the “breathing room” you need to wipe out other debts, put a freeze on the student loan collections, and get the time you need to recover financially. Then, after bankruptcy, you could have the ability to begin making payments on the student loans.

Rebuild Your Credit
With the step-by-step guidance of this simple program, you’ll know what to do, when, and in what order, to improve your credit. Most will get a credit score of 650 – 700 within a year of discharge after filing Chapter 7.

Now that’s a financial recovery!

Many people recover good credit after bankruptcy. You can too!

It won’t matter that the bankruptcy will appear on your credit report – if you have taken the proper steps to raise your score. Many of our clients get car loans at good interest rates only a year after discharge and are buying homes only 2 to 3 years later.

Filing for bankruptcy is often the smartest move you can make. If you’re so far behind that it will take you years to catch up; then bankruptcy should NOT be a “last resort.” Once you talk with one of our attorneys, you may find that you can cut years off your financial recovery time. And nobody has time to waste paying bills they can discharge, freeing up money for themselves and their families.
How a Cleveland Bankruptcy Attorney Can Help.
You can trust our 35 year track record of proven success.
Choosing a bankruptcy type to file and filing for bankruptcy in Clevaland is confusing, complicated, and many mistakes can be made if you are not well versed in bankruptcy law.

Therefore, it only makes sense to use the expertise of a bankruptcy attorney when needing to address debt relief.

The best solution in bankruptcy is to find a lawyer you can trust. One that has many reviews and testimonials.

This leaves room for zero errors. Most of our clients have very little knowledge on the bankruptcy process, bankruptcy law.

Don't delay when filing, if your financial situation is dire or becoming unmanageable the reach out to Richard West Law Office today for a free no-obligation consolation with one of the best bankruptcy attorneys in Cleveland. We can file online, and we offer no-contact consultations.

 	Free Confidential Consultations
 	Trusted By 30,000 Clients
 	Over 350 4.9 Google Reviews
 	No Money Down
 	Affordable Payment Plans
 	Remote Consultations
 	File Online
 	We Care About Your Future

Our Service Area

We Service the Following Cities and Communities near Cleveland, Ohio.

 	Lakewood, OH
 	Brooklyn, OH
 	East Cleveland, OH
 	Parma, OH
 	Seven Hills, OH
 	Lyndhurst, OH
 	Richmond Heights, OH


 	Cleveland Heights, OH
 	Garfield Heights, OH
 	University Heights, OH
 	Rocky River, OH
 	Parma Heights, OH
 	Mayfield, OH
 	
Highland Heights, OH



 	University Heights, OH
 	Shaker Heights, OH
 	Maple Heights, OH
 	Brook Park, OH
 	Tremont, OH
 	Chesterland, OH
 	
Euclid, OH



 	
South Euclid, OH

 	Independence, OH
 	Fairview Park, OH
 	Highland Hills, OH
 	Warrensville Heights, OH
 	Waite Hill, OH

Ready? Get on the Road to Bankruptcy Recovery
We are still open for remote filings in Cleveland and remote consultations during the pandemic. All consultations are free and there is no catch. We only work with clients who want to work with us. Nothing high-pressure. We look forward to assisting you.


Get A Free Consultation

OR

Call (330) 333-5771

### Bankruptcy Individual vs Joint

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			Bankruptcy Individual vs Joint 		
			Should You File Bankruptcy Individual vs Joint?		
		Deciding if you should file bankruptcy individual vs joint can get tricky. Normally, married couples file joint bankruptcy cases. But this is not always the case. In fact, not always possible. Depending on the assets owned by each spouse, and the debt owed by each spouse, individual filings may work better. And, credit considerations often impact your choice to file bankruptcy individual vs joint.It’s also important to look beyond whose name the debt is in. All debt in wife’s name might mean she can file alone, and not impact husband’s credit. But not always. If the debt was incurred for the benefit of both parties, then it may not be possible to file the wife without the husband.		
																										
			Is it Better to File Bankruptcy Individually or Jointly?		
		Not generally. Having filed thousands of bankruptcy cases, I can report that only a small percentage of married couples file individual bankruptcy cases. In most cases, the simple fact is that there is no reason to file an individual case.		
        Looking for More Articles on Bankruptcy?Visit or Bankruptcy Learning Center for the most common and uncommon bankruptcy questions.Visit the Bankruptcy Learning Center	
			If You File Bankruptcy Individual vs Joint How Will it Affect Your Credit?		
		It can. Sometimes a married couple will keep their finances separate. This happens in second marriage situations frequently, but not limited to this scenario. Newly wedded couples often plan initially to pay off one spouse’s debt but later find that discharge in bankruptcy is a better option. In these cases the individual vs joint bankruptcy question is easy to determine. And, having filed hundreds of these cases, I know that the courts and trustees generally accept the reason behind such filings.
Remember, however, that the normal rules for bankruptcy qualification still must be satisfied. The court will not ignore one spouses income when considering the eligibility of the filing spouse. If the overall qualifications are not met, the individual case cannot be filed.		
			Can One Spouse File Chapter 7 and the Other Chapter 13?		
		Yes, although there is seldom a good reason to do this. In some cases we will file a Chapter 7 for one spouse and 13 for another. One reason for this might be that one spouse is expected to receive an inheritance in a few years. If that spouse was in a Chapter 13, then the inheritance would become part of the Chapter 13. If that spouse files Chapter 7, and the inheritance arrives more than 180 days from the filing, then that spouse keeps it all.Another reason for one spouse to file Chapter 13 is if that spouse needs to save a home from foreclosure or a car from repossession. That spouse can use Chapter 13, to catch up the debt over time, and the other spouse can file a Chapter 7.Or, sometimes spouses intend to divorce or separate. One spouse may want to keep property from foreclosure, and the other spouse simply wants free of debt and doesn’t want to be involved in a long term payment plan.		
			Is it Cheaper to File Bankruptcy Individual vs Joint Case?		
		It is. When a married couple files, there is only one filing fee, and one legal fee. Although technically there are two bankruptcy cases, they are administered jointly, and treated for most purposes as one case. Normally, if one of the two spouses needs or wants a Chapter 13, most couples will file a joint Chapter 13.So, although it is possible in many cases to file bankruptcy individually vs joint, absent some unusual goal or circumstance, the majority of married couples will file jointly.A common scenario I see is all of the debt in the wife’s name, and all the credit in the husband’s name. When finances become stressed, they may want to file the wife individually. If the debt in the wife’s name is primarily for the benefit of the household, and not just the wife individually, we could have a problem.The Court might conclude that the grant of a discharge to the wife, and not requiring the husband also to file, would be an abuse of the bankruptcy system. The court could deny the discharge. This may file affect your decision to file bankruptcy individual vs joint.These situations can get sticky. If you want to file bankruptcy individual vs joint, you need advice from an experienced attorney to spot these issues before they become problems.		
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### Short Sale vs Bankruptcy

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			Short Sale vs Bankruptcy		
			Two Ways to Save Your Home		
		When you decide to get out from under real estate, is a short sale vs. bankruptcy an option? Short sales avoid foreclosure. Bankruptcy in Ohio will generally result in a foreclosure. But a short sale could leave you short of cash. Sometimes you have to pay the lender to get out of the house. Here are some things to consider.		
																										
			Short Sale or Deed in Lieu vs. Bankruptcy		
		When you owe more on your home than you can sell it for, you’re stuck. Unless you want to make up the difference by writing a big check to the lender at closing, you need another option. Short sale vs bankruptcy analysis is needed. A short sale is when the lender agrees to take less than you owe on the mortgage. The lender releases the mortgage and you can sell the home.But sometimes you still owe some money. Short sales don’t always result in you being able to walk away without a loss. These non-bankruptcy options can be better than bankruptcy, or might be a trap. It’s important to compare short sale vs bankruptcy options before you make any decision.Deed in lieu of foreclosure happens when you voluntarily deed the property to the lender. This saves the bank money because they don’t have to foreclose on you to get the deed to the home. This can be a good move if you don’t have other debt, and the house is the main problem. Deed in Lieu also allows you to avoid having a foreclosure on your record.Your chances of getting a mortgage sooner are better without the foreclosure. In this case, the short sale vs bankruptcy would favor the non-bankruptcy approach.		
        Looking for More Articles on Bankruptcy?Visit or Bankruptcy Learning Center for the most common and uncommon bankruptcy questions.Visit the Bankruptcy Learning Center	
			Drawbacks of Short Sales and Deed in Lieu		
		Like anything, there are a few disadvantages to deed in lieu or short sale. These options create tax consequences sometimes. If you allow a home to go to foreclosure, and it’s your residence, the IRS will not tax you on the loss. If you discharge the debt from the home in bankruptcy, no tax consequence either. But if your elect a short sale or deed in lieu and do not file bankruptcy, then you will normally be taxed on the loss.The tax consequences can hurt! I once filed a bankruptcy for a client who thought he has done well by entering into a deed in lieu of foreclosure on his home. The loan was actually forgiven by the lender, and he was almost $100,000 short.This was great, he thought, until he ended up with a $40,000 income tax bill. The IRS treats forgiven debt as if it is income you receive, even though you don’t actually get any money. We had to file bankruptcy to fix this. He didn’t do the short sale vs bankruptcy analysis with me, but wished he had.		
			Short Sales After Chapter 7		
		Most of the time today, we avoid reaffirming mortgages in Chapter 7. Most lenders do not even ask you to sign a reaffirmation agreement. Credit unions usually do, but banks usually do not. If you file Chapter 7, and do not reaffirm the mortgage, you normally continue to live in the home and make your payments. When you sell it, you pay off the mortgage and keep the profit. But happens if you later cannot make the payments?In these situations, you can safely pursue a deed in lieu or short sale, and have no fear of tax consequences. The reason is that you already discharged the debt in your Chapter 7 and did not reaffirm it. When you consider short sale vs bankruptcy, don’t forget the tax consequences.Short sales and bankruptcy involve several considerations. Since everyone’s case is different, no “once size fits all” rule is possible. I’ve handled thousands of these cases, and offer a free consultation to explain what’s best for your particular situation.		
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### Judgment Proof vs Bankruptcy

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			Judgment Proof vs Bankruptcy		
			Are you Judgement Proof?		
		If you have no income, or your income is protected by state or federal law from garnishment you may be judgment proof. If you have no assets that creditors can get to, the judgment proof vs bankruptcy analysis should be conducted by a competent bankruptcy specialist.Living a judgment proof life can be filled with harassment and lawsuits. Even if creditors can’t collect, that doesn’t mean they won’t try. Deciding if you want to live judgment-proof vs bankruptcy is a hard choice.Judgment proof refers to someone who is not legally collectible. Creditors can’t take your social security. Nor can they garnish your unemployment. But they can sue you. Judgment proof vs bankruptcy filing can be the difference between constant harassment, or peace of mind.They can get a judgment against you. If you have real estate, they can slap a lien on your property. But they cannot take what is legally protected. So, in considering judgment proof vs bankruptcy, remember that income is not all creditors can take.		
																										
			Judgment Proof vs Bankruptcy and Social Security		
		Creditors cannot garnish social security. Seniors who are retired, and social security income get sued all the time. Creditors have no way to know what your income is, or what your assets are. The will sue and get judgment first, and try to collect it later. They cannot collect from your social security income, however. This doesn’t mean they won’t try. Judgment-proof vs bankruptcy for seniors is a real dilemma.Creditors will sometimes “shotgun” bank account garnishments. This means creditors file multiple bank account garnishments. They hope to “get lucky” and hit your bank. If you are on social security, the bank might freeze your account, and you would have go to court and show the judge that your income is social security. So, choosing judgment-proof vs bankruptcy is a hard choice.The court then orders the garnished funds released to you. You would not lose the money, ultimately, but it could be unavailable to you for a while and you would need to appear in court.		
        Looking for More Articles on Bankruptcy?Visit or Bankruptcy Learning Center for the most common and uncommon bankruptcy questions.Visit the Bankruptcy Learning Center	
			Judgment Proof and Unemployment		
		Creditors cannot take your unemployment, either. But, the same thing can happen to your unemployment that happens to social security. They freeze your money. You end up going to court to show the judge that your money is protected. Warning! If you are married and your spouse had money in the account, or if you have some unprotected money in the account, that money might be lost. It depends on the individual circumstances.Unemployment comes to an end for most. Judgment proof status is temporary for many. If you are unemployed and get sued, you might have nothing to worry about, for now. When you later become employed, you will want to examine your finances and see what kind of plan makes the most sense.Creditors have no way to know your employment status. Your credit report does not disclose your employment. When you go back to work, you can be garnished, but the creditor will have to somehow figure out where you are working.		
			Judgment Proof and Protecting Your Property		
		Ohio has exemption laws that protect property in bankruptcy. These laws also protect you from creditors generally. It is very uncommon for creditors to try to satisfy judgments you owe by going after your personal property. Creditors will attempt to “attach” personal property sometimes.Creditors often file liens in the county where you live, hoping you own real estate. Judgment liens “attach” to your real estate. Creditors get paid, plus interest, when the property is sold. We remove these liens in bankruptcy.Judgment proof status often means no bankruptcy is needed. But many judgment proof clients I’ve had over the years file bankruptcy to put a legal and final end to the collection attempts, calls, letters and general creditor harassment. They feel better, they tell me, knowing that they wiped out their debts. Finally gone, forever. So, for them, Judgment-proof vs Bankruptcy means its better to file.		
			Judgment Proof and Protecting Your Property		
		Some seniors file bankruptcy, even though judgment proof, so that their children can inherit their property without creditors making claims against their estate after their death. In this way, the bankruptcy actually benefits their children, more than the judgment proof parent who files. Even though the judgment proof vs bankruptcy analysis concludes that the parents don’t need to file, it’s the children we are trying to protect.While there are a number of different options for debt relief, one option, remaining judgment proof, is not one that many people can use. But if this is your situation, it’s a good idea to discuss it with a certified specialist. I often tell people not to file, because they are judgment proof. They are really grateful to know that they already have all the protection from creditors they need without filing. For these people, the judgment proof vs. bankruptcy strategy session we have is all they need.If you are trying to compare judgment proof vs bankruptcy, call West Law Office for a free consultation. We offer in-office, video and telephone appointments. We can do your entire case online. We can help you answer the Judgment-proof vs Bankruptcy question.		
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### Divorce Chapter 7 vs 13

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			Divorce Chapter 7 vs 13		
			Which is Better When Going Through a Divorce chapter 7 vs 13?		
		You want do do a divorce and file bankruptcy. But which chapter? Compare the differences for you divorce chapter 7 vs 13. Generally one chapter will offer a better outcome. Whether you and your spouse are in agreement, or at odds with each other, the differences are important for both of you to know.This is a complex legal area, and deciding to do a divorce and comparing Chapter 7 vs Chapter 13 cannot be done without an advanced knowledge of BOTH practice areas. This is not an area for novices. The cost of a mistake here can be devastating. The analysis of divorce chapter 7 vs 13 is complex, and requires knowledge of both practice areas.		
																										
			You Can Get Divorced and File Chapter 7 or 13 at the Same Time		
		First, do not believe those who say that you cannot do a divorce and bankruptcy at the same time.  You can. Whether you should or not is a matter of strategy. It may be more complex, but that’s why you hire a lawyer in the first place, right?  Ask if your lawyer does both chapter 7 and 13 and can advise on the differences in the context of divorce. If the attorneys doesn’t practice substantially all the time in chapter 7 and 13, then you might want to ask for a referral.		
        Looking for More Articles on Bankruptcy?Visit or Bankruptcy Learning Center for the most common and uncommon bankruptcy questions.Visit the Bankruptcy Learning Center	
			Legal Fees in Divorce Chapter 7 vs 13		
		Money is always important, but the cost of a mistake in this area can be much more than the cost of competent counsel. Many people try to save legal fees by using one attorney. There is absolutely nothing wrong with this approach, when it works. The problem will arise if the interests of husband and wife are adverse. One lawyer must “serve two masters” in a joint case. The lawyer will have to withdraw if the interests of his clients differ. This is part of the divorce chapter 7 vs 13 analysis too.Starting out with one lawyer in an attempt to save money can backfire. When the attorney can no longer represent both, he can then represent neither. He has a conflict. The conflict extends to all attorneys in his firm. Now, instead of paying one lawyer, the couple has to pay three. The original lawyer and the two separate attorneys which the couple will now have to hire.Unless you are sure you can maintain a good, non-adversarial relationship throughout the entire case, be safe, and hire separate attorneys. As a practice pointer, I regularly recommend that clients see another attorney just for a second opinion even if we all agree that I can represent both parties in a case.		
			The Non-dischargeable Debt Problem in a Chapter 7		
		Bankruptcy law prevents the discharge of debts ordered to be paid in connection with a divorce decree or dissolution. Take a look at 11 USC 523 (a) (15). How do you get around this? And, ask yourself, if the debt is not discharged, what do you expect the creditor to do when it is discovered that you filed a chapter 7 and were ordered to pay this debt? This is not an issue in chapter 13.,For this reason, we routinely, to keep our clients protected from creditors, recommend chapter 13 when a divorce has debts mentioned. Nobody wants to see the benefits of a bankruptcy discharge ruined because their attorney missed this in the divorce chapter 7 vs 13 analysis.When you’re facing divorce chapter 7 vs 13 decisions, be aware that there are many differences. There are many pitfalls and traps for the inexperienced attorney and their clients.When your future finances are at stake, you should consult a board certified bankruptcy specialist. For many years, I have advised other attorneys on these matters.		
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### Debt Management vs Chapter 13

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			Debt Management vs Chapter 13		
			Which is Best?		
		Which is better debt management or bankruptcy?  Not an easy question. Debt management company’s tell you their solution works better than bankruptcy. Of course they tell you that.  Bankruptcy lawyers do the same thing.
Here are ways you can tell for yourself. How do I know? Because I do both. I’m the only board certified consumer bankruptcy attorney in Ohio who is also a certified debt arbitrator and consumer credit counselor.
The truth is that sometimes a debt management program IS better than bankruptcy. But don’t take their word for it. YOU need to read up on this, and make your own decision, after you consult with both. (or, you could just make a free consultation with me!).		
																										
			When Debt Management is Better Than Bankruptcy		
		If you are treading water, not making any headway on your bills and want to get out of debt, consider a debt management plan. These plans do work. And, sometimes, I recommend them over a bankruptcy option. When you have sufficient income to fund a DMP (Debt Management Plan), and don’t mind the damage that “not paid as agreed” will do to your credit, this program may be for you.If you are having a hard time keeping your payments made, and barely making it every month, or are behind, then a Chapter 13 may be a better solution.		
        Looking for More Articles on Bankruptcy?Visit or Bankruptcy Learning Center for the most common and uncommon bankruptcy questions.Visit the Bankruptcy Learning Center	
			What Kinds of Debts Can I Put in a Debt Management Plan or Chapter 13		
		Very different answers here in debt management vs. Chapter 13. In a DMP, you can only include unsecured debts, mainly your credit cards. You can’t include cars or house debts. You can “pick and choose” what debts you want to include and which you want to keep out.Creditors may refuse to participate in your DMP. Since all DMP’s are voluntary, no creditor can be forced to participate. Some creditors will not, as a rule, participate. American Express will not, as a rule, participate.If you do elect to keep some debts out, however there is no guarantee that the credit cards you do not include will remain open and available for you. Because once you get into a DMP, you’ll get behind on some debts, and that may trigger other account closures.In a Chapter 13, you MUST include ALL debts. You can’t omit any bills “out of the plan.” So, even if you are not behind on your car, for example, it has to be included. This may not be a bad thing, depending on your car loan, since the interest rate on the car loan will change to about 5.5% in a Chapter 13 plan. The only debt you can exclude from a Chapter 13 is your home mortgage, if you are current on it.Creditors must participate (even American Express)! They can’t “opt out” of your Chapter 13, unlike the DMP.		
			How Much Will I Pay in a Debt Management Plan vs Chapter 13?		
		I’ve seen consolidation loans turn into disasters for my clients. The worst kind of consolidation loan is the HELOC. This is a Home Equity Line Of Credit. This is actually a second mortgage on your home, but the lenders don’t like to scare you with the “M” word. A “MORTGAGE” is scary. But a HELOC sounds less so. Many people who get HELOCs do not understand that they are mortgaging their home.If you later need to discharge debt in bankruptcy, the HELOC will normally not be able to be discharged, because you have secured it with your home! You HAVE to pay this back. So, whatever you do, please DO NOT GET A HELOC. When faced with debt consolidation vs bankruptcy, avoid the HELOC.When you’re considering different options for debt relief, it’s helpful to talk with someone who is trained and certified, and has decades of experience in all the different options. Richard West is trained, and certified and experienced in all debt relief options. He’ll make sure you know what not to do, as well.Call West Law Office for a free consultation. We offer in-office, video and telephone appointments. We’ll help with the debt consolidation vs bankruptcy decision.Debt management plans are voluntary, and there is no federal law which dictates how much you have to pay them, or how much they have to lower your balance or monthly payment. It’s totally open to negotiations.Chapter 13, by contrast, is governed by Federal Bankruptcy Law. The percentage you pay in a Chapter 13 might be as low as 0%. I file these 0% Chapter 13 cases regularly. Or, the percentage may be as much as 100%. But this is only the principal. All of the credit cards and other unsecured debt gets ZERO interest in a chapter 13. In some cases, the interest savings alone makes the Chapter 13 a financially better solution.Chapter 13 can do more than a DMP. Car debt can be reduced, as well as the interest rate on car loans.Dmp’s provide no protection from creditors, while a chapter 13 does.The length of time that you are in a DMP is often advertised to be less than a Chapter 13, but in my decades of experience, I see too many people come to me after spending years in a DMP, and then decide it was the wrong plan.When considering which debt reduction plan to use, check with an attorney who is trained, certified and experienced in BOTH DMP and bankruptcy. Since I am fully experienced in all options, I can give you an objective and honest comparison of the differences. That way you’ll know you have the best solution.		
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### Debt Consolidation vs Bankruptcy

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			Debt Consolidation vs Bankruptcy		
			Which is Best?		
		A Debt consolidation is simply the process of refinancing your existing debt into a new one. It essentially is trading one death for another. This may be helpful, because you might be able to get a better interest rate and stretch the term out to improve your cash flow. However, you still end up paying all of the debt.
Bankruptcy, on the other hand, can reduce the debt, sometimes to zero. Debt consolidation will not harm your credit score as much as bankruptcy will, but you will be paying much longer than it will likely take to rebuild your credit after discharge in bankruptcy. Deciding between debt consolidation vs bankruptcy is a tough, but critical decision.		
																										
			Is Debt Consolidation a Good Idea?		
		Debt consolidation might be a good idea. If you are not having problems paying your debts and simply want to save some money, lowering your interest with a debt consolidation loan could help. You need to have good credit in order to get good interest rate. Banks lend money at good rates, it seems, only if you really don’t need it. If this is you, then debt consolidation vs bankruptcy decision may favor debt consolidation.A debt consolidation loan could help your cash flow. If you combine multiple credit card and other debts into the debt consolidation loan, you could get a lower payment, and stretch the loan out. This could lower your monthly payment. There are online calculators to help you determine what you would pay.		
        Looking for More Articles on Bankruptcy?Visit or Bankruptcy Learning Center for the most common and uncommon bankruptcy questions.Visit the Bankruptcy Learning Center	
			Disadvantage of Debt Consolidation Loan		
		Bluntly stated, these loans are not very effective tools for debt relief. The actual savings you realize by consolidating your debts is the difference between interest rate on your loan, and the interest rates on the debts you pay off with the loan. There normally is a savings, and it can be as much as 10% or more.  But that’s it.  That’s the total savings. But, if that’s all you need, it will be better than even filing a Chapter 13, perhaps.		
			How These Loans Often Go Wrong		
		The most common problem I’ve seen with these loans is running the credit cards back up again after you pay them down. This is more common than you might think. When you consolidate, you pay cards off but don’t close them. And, you really don’t want to close them, as this will hurt your credit. This is not really a debt consolidation vs bankruptcy factor, but important to your financial recovery.
What often happens is the credit cards are too tempting to use again. People then, over time, build up their balances, and end up with the same credit card debt, and also the consolidation loan.		
			The Most Dangerous Consolidation Loan of All		
		I’ve seen consolidation loans turn into disasters for my clients. The worst kind of consolidation loan is the HELOC. This is a Home Equity Line Of Credit. This is actually a second mortgage on your home, but the lenders don’t like to scare you with the “M” word. A “MORTGAGE” is scary. But a HELOC sounds less so. Many people who get HELOCs do not understand that they are mortgaging their home.If you later need to discharge debt in bankruptcy, the HELOC will normally not be able to be discharged, because you have secured it with your home! You HAVE to pay this back. So, whatever you do, please DO NOT GET A HELOC. When faced with debt consolidation vs bankruptcy, avoid the HELOC.When you’re considering different options for debt relief, it’s helpful to talk with someone who is trained and certified, and has decades of experience in all the different options. Richard West is trained, and certified and experienced in all debt relief options. He’ll make sure you know what not to do, as well.Call West Law Office for a free consultation. We offer in-office, video and telephone appointments. We’ll help with the debt consolidation vs bankruptcy decision.		
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### Chapter 13 vs Loan Modification

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			Chapter 13 vs Loan Modification		
			How to Succeed at Saving Your Home		
		When you get behind in your mortgage, you have options. You first want to know the basics of Chapter 13 vs Loan Modification. If the bank will not work with you at all, then Chapter 13 will be your only route, generally. And, in Southern Ohio, as of October 1, 2020, Chapter 13 vs loan modification just got a new option!But a loan modification can be better than Chapter 13. And, sometimes we will first do a loan modification, and THEN file Chapter 13, to get the best possible outcome for our clients. Non-bankruptcy options can be combined with Chapter 13 creatively to get your loan modification and protect your home.Chapter 13 vs loan modification analysis can be tricky. Timing issues make a big difference in your chances for success. If you are actively pursuing a loan modification it’s best to not file any kind of a bankruptcy. The reason for this is that the bank will, upon being notified of your bankruptcy filing, generally stop processing your loan modification, and transfer your loan. The loan might be transferred to a different department, or possibly they will actually sell your loan.Either way, your loan modification will either fail, or have to be started over. At the very least, it creates significant delay. If you happen to be in a foreclosure at the same time, the delay can be fatal to your effort to keep the house. But, there are still other options. When homeowners come to me with this situations, I have been able to stop the foreclosure with a bankruptcy, and then help my client later obtain a loan modification.		
																										
			Foreclosure, Chapter 13 and Loan Modification		
		Many homeowners are confused by their banks filing foreclosure and also sending them invitations to apply for a loan modification. These consumer often believe that if they are pursuing a loan modification that the foreclosure will be put on hold. This makes “common sense” but in the Chapter 13 vs loan modification world, this is not what really happens.Banks will frequently process foreclosure cases, and also appear to be processing a loan modification application. I say “appear to be” because I’ve seen too many cases where it seems that the bank is attempting to keep the homeowner distracted while the foreclosure proceeds, day by day, towards the inevitable sheriff sale date.Homeowners have told me, too late, that they were “assured” by the bank that the sale would not be conducted while the loan modification was pending, no need to file Chapter 13. But that turned out not to be true. And, you cannot, in Ohio, “undo” a sale with a chapter 13. To stop the sale, you have to file your Chapter 13 before the sale. This is why doing the Chapter 13 vs Loan Modification analysis is so important.		
        Looking for More Articles on Bankruptcy?Visit or Bankruptcy Learning Center for the most common and uncommon bankruptcy questions.Visit the Bankruptcy Learning Center	
			How to do Chapter 13 and Loan Modification		
		The way to succeed when pursuing Chapter 13 and loan modification is to try to get the loan modification done before any sheriff sale is conducted. If you are fortunate, and have enough time, you will complete the loan and the bank actually will cancel the foreclosure sale. You have to be very cautious, your home is on the line. You have an absolute right to stop the sale at any time by filing Chapter 13, but it will halt your loan modification.		
			Loan Modification in Chapter 13 with a Facilitator		
		There is a new issue in Chapter 13 vs loan modification. Beginning October 1, 2020, the Southern District of Ohio launched a new program for loan modifications that may tip the scales in favor of homeowners. This new program allows you to request a facilitator, called a mediator in other jurisdictions, to assist in the loan modification process. This may get your loan modification approved where you might be denied if you do it on your own. So Chapter 13 vs loan modification analysis needs to evaluate this new option.You should realize that the bank has no obligation to offer or approve a loan modification, but you have an absolute right to file Chapter 13, if you qualify. Frequently, I will monitor these loan modifications for my clients, waiting in the wings, with a Chapter 13 ready to file. If we get too close to the sale date, and I see the the foreclosure suit is not withdrawn, I will jump in at the last minute and file the Chapter 13. You can monitor sheriff sales online.When we do this, we save the house. Then, I’ll get the Chapter 13 approved by the court. After that, we approach the bank, and start the loan modification process all over again. The house is saved from foreclosure, and we still get to attempt to complete a loan modification. This process has been proven to work in many cases.If you are in danger of foreclosure and thinking of a loan modification, I can walk you through the entire Chapter 13 vs loan modification analysis and advise what you need to watch out for.		
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### Chapter 7 vs Chapter 13

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			Chapter 7 vs Chapter 13		
			Head to Head. Which is Better?		
		Normally one will be better than the other for a particular situation. Comparing Chapter 7 vs Chapter 13 can be difficult. Here are the highlights of both chapters.  Once you have the basics, you’ll have a pretty good idea which one may be right for you.
In reviewing the pros and cons of Chapter 7 vs Chapter 13, you should keep an open mind. Try not to be affected by “other peoples ideas” about filing bankruptcy and about the different chapters. Try to set this aside as you learn about the differences and how you can benefit from each chapter.		
																										
			Which is Better Chapter 7 or Chapter 13?		
		Clients ask me this regularly. It’s like a trick question. The answer is, it depends on what you need, and what you’re trying to accomplish.  Depending on your situation and goals, either chapter might work well. We can often make one chapter do the same work as the other. You may want to be in a Chapter 7, but may only qualify for Chapter 13. But if your Chapter 13 is set up to deliver the same or even a better outcome as the Chapter 7, is it “worse” than the Chapter 7?		
        Looking for More Articles on Bankruptcy?Visit or Bankruptcy Learning Center for the most common and uncommon bankruptcy questions.Visit the Bankruptcy Learning Center	
			Chapter 7 vs Chapter 13 on Your Credit Report		
		Chapter 7 will stay on your credit report for 10 years from the filing date. But Chapter 13 will stay on your credit report for 7 years. But this does not mean that your credit is tarnished for 7 to 10 years. What you do after you file is critical to your credit recovery. If your goal is to buy a house as quickly as possible, you should know that some lenders will offer mortgages to consumers in Chapter 13 after only one year. Compare this to the 2 to 3 year wait after a Chapter 7 discharge.If your goal is just to improve your credit score as quickly as you possibly can, but are not interested in buying a house, the Chapter 7 wins over Chapter 13. Why? Because, in part, the Chapter 7 is over faster. Chapter 13 cases last for 3 to 5 years before you get a discharge.		
			Why Consider Chapter 13 if You Qualify for Chapter 7?		
		In comparing Chapter 7 and 13, when would you ever chose Chapter 13 if you qualify for Chapter 7? There can be lots of reasons. Although most consumers, and attorneys, jump to the Chapter 7 bankruptcy option if its available, they “leave money on the table” by not really doing an in-depth comparison of the two.
Sometimes you qualify for Chapter 7 but need to file Chapter 13. If you are behind on house payments or car payments, you will want to consider Chapter 13 to catch these payments up. You need to be current on your payments to keep, or reaffirm, these debts in a chapter 7.		
			Income Limits for Chapter 7 Bankruptcy		
		The most common reason people file Chapter 13, however, is that they make too much money to file for a Chapter 7. These people may need to file Chapter 13. The income limits for Chapter 7 are adjusted periodically, so be sure to check current information. Even if your income is above the median for your family size you may still be able to file Chapter 7. The means test can be legally manipulated.When you’re considering which bankruptcy chapter to file, you ought to consult a certified specialist to help you. It’s free, and no matter how much internet research you do, it’s never as good as checking with a seasoned professional.		
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### Tax Debt and Bankruptcy

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			Tax Debt and Bankruptcy		
			Can you discharge tax debt in bankruptcy?		
		You can discharge tax debt in bankruptcy. Many think this can’t be done. Tax debts and bankruptcy is a complex area.But Even the IRS will tell you it’s possible, along with other ways to deal with tax debt you cannot afford to pay. However, as you might expect, you’ll run into complex rules and limitations.There are different bankruptcy approaches to discharging tax debt. Although the bankruptcy code makes it clear that you can discharge taxes in bankruptcy, many people still believe otherwise. I’m admitted to the U.S. Tax Court, and have discharged over $100,000 in taxes for clients over the years. If you owe taxes, bankruptcy is a tool you should investigate as an option to resolve your tax debt. Tax debts and bankruptcy do go well together, sometimes.This article hits only the general highlights of a very complex topic. Although I encourage my clients doing internet research, I strongly urge everyone with tax debt seeking discharge to make an appointment to discuss their situation.Tax debt in bankruptcy is an area for experienced professionals only. In fact, many attorneys consult me for their questions on tax debts and bankruptcy.		
																										
			Can I Discharge Tax Debts and Bankruptcy in Chapter 7		
		Learn the three basic rules. Three years, two years, and 240 days.3 year rule says that your taxes must be at least three years old.The three years begins on the date the taxes were last due without penalty. This means that extensions count. The date is the last day of the extension, even if you filed your return before the extension deadline.The two year rule says that you must file your return more than 2 years before you file your bankruptcy. This mans you actually have to file the return. If the IRS filed your return for you, this will not satisfy the rule. If the IRS files the return, this is called a substitute for return.There is currently a lot of litigation about this issue, and some courts hold you can NEVER discharge taxes if the IRS has filed your return, which means you filed your return late. Even by one day, say some courts.The 240 day rule requires that the taxes be assessed for more than 240 days. In most cases, this is the date that you file your tax return. But sometimes not. If you get audited, or if you file a corrected tax return, a 1040x, or if you disputed your taxes, then the assessment date will be a date other than the date you filed, usually much later.		
        Looking for More Articles on Bankruptcy?Visit or Bankruptcy Learning Center for the most common and uncommon bankruptcy questions.Visit the Bankruptcy Learning Center	
			Practical Advice on Discharge of Tax Debts and Bankruptcy		
		Nobody needs trouble with the IRS. Having discharged taxes for over 30 years, I’ll share my approach to this complex subject with you. If I am discharging tax debt for a client, I favor a chapter 13 bankruptcy. Why? Because my clients get a Federal Court Order that binds the IRS. Tax debts and bankruptcy are better resoled if you can have confidence in the outcome. For me, that means a Federal Court Order – a discharge in bankruptcy.The IRS attorney has to participate in the case, and if there are any questions we get them resolved, in the case. We get the Court to rule on the issues, if we have to. This way, my clients get a Court Order which the IRS will not argue with. This saves problems in the future, and provides certainty and peace of mind to my clients.If you have tax debts, one way to deal with them is through bankruptcy. There are others, like the offer in compromise program. But, following that program deals with only taxes, not the rest of your debt. So, why attack debt problems piece-meal? Get one program to handle them all.		
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### Payday Loans and Bankruptcy

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			Payday Loans and Bankruptcy		
			Because You Are Struggling Financially, Payday Loans are Common to Bankruptcy		
		Payday loans and bankruptcy often go together.  Bankruptcy can discharge payday loans, but you need to be careful. Payday loans are nothing more than unsecured debts. Easy to get, and very difficult to pay off, these loans spell trouble for most everyone. My clients ask me about payday loans and bankruptcy almost every single day.
Staggering interest rates as high as 324% make these loan the most dangerous and difficult debts for consumers to handle. Getting rid of these loans in bankruptcy is very common.		
																										
			Discharge Payday Loans in Bankruptcy		
		Because these are totally unsecured debts, payday loans are discharged in bankruptcy. My clients sometimes are afraid to file bankruptcy on these loans, because the application form they fill out asks if they intend to file a bankruptcy. However, the payday loans and bankruptcy law DOES provide a way out of these awful, predatory loans.Often, I am asked if people go out and get payday loans and bankruptcy is secretly in their minds to file? Usually, the truthful answer is no. Usually, people get payday loans in a last-ditch, desperate attempt to avoid bankruptcy. I’ve been discharging these loans in bankruptcy for decades and never had a problem getting them wiped out.		
        Looking for More Articles on Bankruptcy?Looking for more insight and articles on Bankruptcy? Head over to the Bankruptcy Learning Center for more information.Visit the Bankruptcy Learning Center	
			Problems Discharging Payday Loans in Bankruptcy?		
		Cash advances totaling more than $1,000 incurred within 70 days of filing your case are presumed to be not discharged. (The $1,000 amount applies April 1, 2019, to March 31, 2022.) While this is the “black letter law” I have seen in practice no cases where the payday loans attempt to file any kind of action against my clients when the rule appears to be applicable.		
			Intent to Defraud Creditor is a Problem – You Could Get Sued in Bankruptcy		
		Creditors can file an Adversary proceeding (a lawsuit filed against you in your bankruptcy case) seeking a court order that your debt to them is not discharged because you never intended to pay it back. This is one reason it is a bad idea to “run up your debts” prior to filing bankruptcy. Bankruptcy and payday loan law permits creditors to ask the court to make you pay these, in other words, no discharge.Any unusual activity, especially large purchases or increased charges, prior to a bankruptcy filing often trigger increased creditor attention. When you intend to file, don’t try to “use up” all of your available credit. This creates difficulties for you.When you are in desperate financial need, payday loans are an option. If you can pay them off, quickly, you may be able to use them to your advantage. However, if you use them to finance normal living expense or to pay other ongoing debts, this is a huge red flag.When this happens, you should talk with someone who is trained and certified, and has decades of experience in all the different debt relief options. Richard West is trained, and certified and experienced in all debt relief options. He’ll make sure you know what not to do, as well, like relying on payday loans.		
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### Military Bankruptcy

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					Military Bankruptcy				
					Can You File Bankruptcy When Serving in The Military				
		Can you file for bankruptcy while in the military? Of course you can. You don’t lose that right because you are serving our country. Wright Patterson Air Force Base houses thousands of servicemen and women in Ohio, and depending on circumstances, bankruptcy can be a solution to their financial woes. If that is you, call us at 937-748-1749 for a free military bankruptcy consultation. By the way, I proudly served in the U.S. Navy back in the 1970’s. I thank each and every one of our service members for their service to our country. 		
																														
					Security Clearance and Military Bankruptcy				
		Many of our service personnel need to file for bankruptcy, but worry about their security clearance. Military service and bankruptcy can coexist without affecting your security clearance or your job position.Filing bankruptcy has yet to create any loss of security clearance for any of my clients to date. They do report the bankruptcy to their commanding officer, and the security people are notified.Several of my military clients have shared with me that their security officer has informed them that it’s not a problem to use Federal Law to deal with debts.In fact, if you carry more debt than you can pay, this fact alone might cause MORE trouble for you than a bankruptcy would. Just letting debt get out of hand will create a problem they don’t want you to have.You don’t give up your right to file for bankruptcy because you serve in the military. With WPAFB so close to my home office, I’ve helped hundreds of servicemen and women with bankruptcy. 		
        Looking for More Articles on Bankruptcy?Looking for more insight and articles on Bankruptcy? Head over to the Bankruptcy Learning Center for more information.Visit the Bankruptcy Learning Center	
					Choosing Chapter 7 or Chapter 13 for a Military Bankruptcy 				
		There is no difference between Chapters 7 and 13 for our military personnel. I’ve filed over a hundred military cases, with the mixture about evenly split.Often, moving expenses are not reimbursed enough to cover the cost of relocating a family to a new duty station. Or, unexpected expenses create credit card debt that eventually becomes impossible to deal with any other way.Just like the civilian population, service members sometimes need debt relief, and a military bankruptcy is the best way to handle serious money problems in or out of the service.		
					Military Bankruptcy and the Haven Act				
		The HAVEN Act became effective August 23, 2019. I have already used the Act for several of my military clients. Among other things, it excludes veterans' benefits from being counted in the means test, just like social security benefits have always been excluded.Several of my clients were unable to file Chapter 7 cases or were required to pay more to their creditors due to their VA benefits. No more!I’ve discussed this matter directly with our local United States Trustee’s office. I was informed that veteran’s benefits will not be counted for purposes of the means test by any of our local trustees in the Southern District of Ohio.Furthermore, if we disclose these benefits, they will also not be counted for other bankruptcy purposes. Thus, the law now treats veterans more fairly than before when they need to seek bankruptcy protection.I’m proud to be a veteran. And, I am proud to file military bankruptcy for my fellow veterans and for active duty servicemembers. We can do your entire case online.A military bankruptcy can help you focus on your job and not worry about your finances.Reach out today for a free consultation. 		
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### Liens in Bankruptcy

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			Liens in Bankruptcy		
			Not Sure What the Bankruptcy Trustee Does?		
		After your bankruptcy case is filed, it is assigned a bankruptcy trustee. What does the bankruptcy trustee do? Depending on if the case is Chapter 7 or 13, the trustee will inspect your case for accuracy and compliance with Federal Law. In a Chapter 7 case, if there are assets to distribute, the trustee contacts creditors and distributes funds. In a Chapter 13 case, the trustee also receives your monthly payments and distributes money monthly to creditors.		
																										
			What Information Does a Trustee Have Access To?		
		In short, just about anything they want. All debtors have a duty to cooperate with their trustee, and the trustee has power compel, through the courts if necessary, you to turn over all kinds of detailed financial records. I have seen trustees force debtors to produce YEARS of financial records. This doesn’t happen often. Trustees operate based on rules set out by the Department of Justice.		
        Looking for More Articles on Bankruptcy?Looking for more insight and articles on Bankruptcy? Head over to the Bankruptcy Learning Center for more information.Visit the Bankruptcy Learning Center	
			What Information are You Required to Give to The Trustee?		
		In the Southern District of Ohio, there is a complete list of the documents debtors much provide, in advance, to the trustee in every bankruptcy case filed. These are court orders, called local rules. At a minimum, you’ll have to provide bank records, car titles, deed and mortgage, retirement account info, life insurance information, and at least 6 months of income proof, as well as tax returns. There could be more required of you once the trustee sees this information.In my office we have an elaborate system of checklists and inspections to be sure we have all of this information. We carefully review it, to see if there is anything present that might create a problem for our clients. Sometimes we spot things that raise questions. You never want to go into the meeting with the trustee unprepared!		
			Does the Bankruptcy Trustee Check Your Bank Account?		
		Yes. The bankruptcy trustee will look at your bank account. And, what’s more, the trustees are beginning to dig deeper and deeper into bank records.
They tell me that they are finding clues to assets that debtors may have sold, or money that has disappeared without a trace. This, of course, is not something that generally is good for a debtor.
Ordinarily, the trustee will want to see the bank statement covering the month you filed your case in. This is the minimum. Increasingly, trustees want to see 6 months of bank records. Sometimes this leads them to want to see 6 to 12 months of credit card statements. Do you see where this can lead?		
			Do Bankruptcy Trustees Investigate?		
		Yes, that’s their job. Normally, there nothing to find. If there is some asset that you have, or an account with money in it, you should fully disclose this to your bankruptcy attorney. An experienced bankruptcy attorney can usually tell you if there is a problem.
And, if there is some risk that the asset or account might be taken by the bankruptcy trustee, there are often ways to fix this. Exemption planning is an important part of representing consumers so that they get the best results in bankruptcy, and don’t have problems with the trustee.
Richard West has been helping clients appear before trustees since 1986. He’s personally helped thousands of consumers to wipe out their debts, keep their property safe from trustees, and recover good credit in record time.		
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### What Does the Bankruptcy Trustee Do?

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			What Does the Bankruptcy Trustee Do?		
		After your bankruptcy case is filed, it is assigned a bankruptcy trustee. What does the bankruptcy trustee do? Depending on if the case is Chapter 7 or 13, the trustee will inspect your case for accuracy and compliance with Federal Law. In a Chapter 7 case, if there are assets to distribute, the trustee contacts creditors and distributes funds. In a Chapter 13 case, the trustee also receives your monthly payments and distributes money monthly to creditors.		
																										
			What Information Does a Trustee Have Access To?		
		In short, just about anything they want. All debtors have a duty to cooperate with their trustee, and the trustee has power compel, through the courts if necessary, you to turn over all kinds of detailed financial records. I have seen trustees force debtors to produce YEARS of financial records. This doesn’t happen often. Trustees operate based on rules set out by the Department of Justice.		
        Looking for More Articles on Bankruptcy?Looking for more insight and articles on Bankruptcy? Head over to the Bankruptcy Learning Center for more information.Visit the Bankruptcy Learning Center	
			What Information are You Required to Give to The Trustee?		
		In the Southern District of Ohio, there is a complete list of the documents debtors much provide, in advance, to the trustee in every bankruptcy case filed. These are court orders, called local rules. At a minimum, you’ll have to provide bank records, car titles, deed and mortgage, retirement account info, life insurance information, and at least 6 months of income proof, as well as tax returns. There could be more required of you once the trustee sees this information.In my office we have an elaborate system of checklists and inspections to be sure we have all of this information. We carefully review it, to see if there is anything present that might create a problem for our clients. Sometimes we spot things that raise questions. You never want to go into the meeting with the trustee unprepared!		
			Does the Bankruptcy Trustee Check Your Bank Account?		
		Yes. The bankruptcy trustee will look at your bank account. And, what’s more, the trustees are beginning to dig deeper and deeper into bank records.
They tell me that they are finding clues to assets that debtors may have sold, or money that has disappeared without a trace. This, of course, is not something that generally is good for a debtor.
Ordinarily, the trustee will want to see the bank statement covering the month you filed your case in. This is the minimum. Increasingly, trustees want to see 6 months of bank records. Sometimes this leads them to want to see 6 to 12 months of credit card statements. Do you see where this can lead?		
			Do Bankruptcy Trustees Investigate?		
		Yes, that’s their job. Normally, there nothing to find. If there is some asset that you have, or an account with money in it, you should fully disclose this to your bankruptcy attorney. An experienced bankruptcy attorney can usually tell you if there is a problem.
And, if there is some risk that the asset or account might be taken by the bankruptcy trustee, there are often ways to fix this. Exemption planning is an important part of representing consumers so that they get the best results in bankruptcy, and don’t have problems with the trustee.
Richard West has been helping clients appear before trustees since 1986. He’s personally helped thousands of consumers to wipe out their debts, keep their property safe from trustees, and recover good credit in record time.		
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### Divorce and Chapter 13

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					Divorce and Chapter 13				
					Chapter 13, Divorce and You				
		You want a divorce and need to file for bankruptcy. Perhaps you don’t qualify for Chapter 7, or perhaps you’ve learned on this site that there are significant dangers and limitations on divorce and Chapter 7.Despite what you may read on the internet, divorce and Chapter 13 bankruptcy often work very well together. You’ll need an experienced and certified Chapter 13 bankruptcy attorney to guide you, but we can give you a basic understanding of general issues involving divorce and Chapter 13.		
																														
					You Can File Divorce and Chapter 13 Bankruptcy at the Same Time				
		You will read on the internet that you should not do a divorce and Chapter 13 at the same time. I disagree. The fact that it is “simpler” to do one and then the other doesn’t mean that you cannot, or should not, do both at the same time.Filing Chapter 13 bankruptcy and divorce concurrently permits you to coordinate both legal matters and get the best result at the same time.		
        Looking for More Articles on Bankruptcy?Looking for more insight and articles on Bankruptcy? Head over to the Bankruptcy Learning Center for more information.Visit the Bankruptcy Learning Center	
					Reduce Legal Fees of Divorce and Chapter 13				
		Even if one spouse qualifies for Chapter 7 and the other qualifies for Chapter 13, there can be a cost savings to filing a joint Chapter 13. We frequently file 1% Chapter 13 cases, which pay virtually nothing to the unsecured creditors. I call these the “functional equivalent” of a Chapter 7.In these cases, one bankruptcy will do the work of two. Couples seeking divorce and Chapter 13 will discharge their unsecured debts, keep their property, like cars and houses, and allocate the Chapter 13 payment as they like, between them.For example, I regularly file cases where the wife would qualify for Chapter 7. Money is tight. There are two cars to keep, and we can cram them down (pay less than in Chapter 7) in Chapter 13. The wife keeps one car, the husband keeps the other. They end up paying less with Chapter 13 and the divorce after the Chapter 13 is confirmed. This helps their cash flow, which is always a concern when couples divorce.		
					Avoid Non-Dischargeable Debt Problems in Divorce with Chapter 13				
		There is a serious limitation on the dischargeability of debt using Chapter 7 if the debt is “in connection with” a divorce or dissolution, which can be addressed in a 13.The limitation found in Chapter 7 is not present in Chapter 13. This is one of several important differences in the treatment of debt between Chapter 7 and Chapter 13.You can list debt in a Chapter 13 bankruptcy and then discharge it. This is true even if the debt is listed in your divorce decree or separation agreement. You can also discharge property settlements in Chapter 13 that would be impossible to discharge in Chapter 7.		
					Watch Out for Adversary Proceedings When Divorcing During Bankruptcy				
		Adversary proceedings are lawsuits filed in the context of a bankruptcy proceeding. One hurdle when you are trying to discharge debt in a Chapter 13 bankruptcy is that after it is ordered to be paid, there may be  opposition from a former spouse.If you are ordered to pay a debt in your divorce, and the debt is a property settlement (not support), then you can normally discharge the debt in Chapter 13. Your spouse could contest this, however, and ask the court to exclude the debt from discharge, so you would still owe it.Adversary proceedings are complex and often exceed the scope of services offered by some attorneys. So, if you are considering discharge of marital debt in a Chapter 13, you need to thoroughly review this with a very experienced bankruptcy attorney.When you’re considering divorce and Chapter 13 at the same time, you should consult a board-certified bankruptcy specialist. I have handled these cases for many years and remain up-to-date on all changes in the law, and I provide free consultations for Ohio residents. 		
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### Divorce and Chapter 7

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			Divorce and Chapter 7		
			Divorce and Chapter 7 You Could Win, or You Could Lose.		
		You want do a divorce and Chapter 7 bankruptcy at the same time. You need to know if you should file bankruptcy first, then the divorce, or the other way around. The right answer depends, of course, on your individual circumstances. Because divorce and bankruptcy are interrelated, and it gets complicated, you need to discuss your options with a certified specialist who can give you the right answer. Many attorneys have written on this topic.
You may have concerns involving property division, spousal support, child support and other important issues. Making the wrong choice could result in significant financial loss and unexpected results. Divorce and Chapter 7 must be carefully coordinated.		
																										
			Why Chapter 7 Might Result in No Discharge of Your Debts		
		Bankruptcy discharges your debts, right? Maybe not. In a Chapter 7, there is a specific prohibition that affects debts ordered to be paid by a decree of divorce or in a dissolution. The bankruptcy code prevents discharge of certain debts.As you would expect, spousal support and alimony are not discharged in bankruptcy. But there is a danger, in Chapter 7, for you if you want to discharge debt AFTER your divorce or dissolution.The danger is found in 11 USC 523 (a) (15). This section of bankruptcy law prohibits the discharge of debts to a spouse or in connection with a separation agreement or decree of divorce.A common example where this hurts you happens when you agree to pay a credit card in a decree of divorce, and then later seek to discharge the credit card debt in Chapter 7.Clearly, if your decree says you are ordered to pay this debt, you will still need to deal with it even if you file Chapter 7. Divorce and Chapter 7 is not as simple as it seems.I discussed this common mistake with Bankruptcy Judge Keith Lundin, author of an entire set of lawbooks on Chapter 13. He told me that he sees “malpractice in my court every day,” related to this mistake.Boiled down to an over-simplified rule, you generally don’t want to file divorce and then file Chapter 7, if you want to discharge debts ordered to be paid, or in connection with, your decree.And this is a real problem, because in Ohio, the law requires you to list ALL your debts in your decree or separation agreements. You can’t legally allowed to “leave out” debts.		
        Looking for More Articles on Bankruptcy?Looking for more insight and articles on Bankruptcy? Head over to the Bankruptcy Learning Center for more information.Visit the Bankruptcy Learning Center	
			Don’t Try to Be Your Own Internet Lawyer for Divorce and Chapter 7		
		Much misinformation waits for you on the internet. Here’s an example. If someone was trying to figure out if they can file divorce and chapter 7 and eliminate debt after getting divorced, they might look up 523 (a) (15). At first it might seem like a legitimate source of information, but divorce and chapter 7 is puzzling even for attorneys.Don’t make this mistake. The information has no date, and it is dangerously out of date. The law no longer contains that exception language! But you will not know that from reading this website. There is a lot of information that is wrong or just out of date		
			Chapter 7 and Bankruptcy Loss of Retirement Account		
		Another danger exists for retirement accounts. If you file Chapter 7 and have been awarded a portion of your ex-spouse’s retirement, read this! So you could lose the entire amount, unless you have protected the funds.You will not figure this out from reading the bankruptcy code. And this happens more than you would expect. Check out this case. Note that it is a court of appeals case. This means that the amount was enough to justify the expense of taking the case all the way to the court of appeals. Your divorce and Chapter 7 case should never end up in an appeals court.When you are going through a divorce, and need Chapter 7 bankruptcy, you have enough trouble in your life. You don’t need the additional, and avoidable, problems created by making mistakes with your bankruptcy strategy.When you’re considering divorce and Chapter 7 bankruptcy at the same time, you should consult a board certified bankruptcy specialist. I have handled these cases for many years and stay abreast of all changes in the law.		
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### Divorce and Bankruptcy

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					Divorce and Bankruptcy				
					How Does Divorce and Bankruptcy Work?				
		A divorce and bankruptcy often occur at the same time. Depending on your situation, you may be better off filing one first, then the other. Which comes first? It depends on your individual circumstances. Divorce and bankruptcy are related, and it can be hard to find an attorney who has a clear understanding of how the two areas of law interact.Whether you file before or after your divorce depends on issues like property division, alimony (spousal support), child support, and the income of both husband and wife. Often, it is best to file for bankruptcy first, making it easier to deal with debt.Sometimes the divorce needs to come first, in order to achieve goals like passing the means test or reducing potential support payments. Many attorneys have discussed this important topic.		
																														
					Cash Advance Special Rule				
		You will not want to file bankruptcy until 70 days have passed after your last cash advance of more than $1,000. This amount changes every few years. The $1,000 is current through 3/31/22. More rules apply, however.What are cash advances used for? Normally, you use these advances to pay living expenses, or sometimes other bills. Because of this special rule, you could get two advances for $999, and the rule would not apply.		
        Looking for More Articles on Bankruptcy?Looking for more insight and articles on bankruptcy? Head over to the Bankruptcy Learning Center for more information.Visit the Bankruptcy Learning Center	
					The Non-Discharge Cash Advance Rule is Easy to Avoid in Bankruptcy				
		The rule is designed to catch you if you try to “run up your debt” before filing bankruptcy. I’ve been filing bankruptcy on advances for over 30 years. In my experience, almost none of my clients ever try to do this. It just doesn’t happen.What’s more, the rule is easy to avoid. We always ask if there have been any recent cash advances. If so, we just wait it out. Occasionally, we have to file before the 70 days are up. What happens then? Does the bankruptcy get dismissed? No. So far, in over 30 years, nothing has ever happened in a case I have filed where we could not wait 70 days.Sometimes we need to stop a sheriff's sale. Or perhaps we need to stop a car repossession. This doesn’t mean it won’t someday happen to the consumer who files before the 70 days run after getting a cash advance. The circumstances would need to warrant the creditor taking action.		
					Different Rules Apply to Luxury Goods and Services				
		If you are doing your internet research, you may read about special rules for luxury goods. This is different from the cash advance rule.Luxury goods are things that you don’t really need for daily living. They include the things you would expect. The court would look at the circumstances and the expenditure. If you try to mix luxury goods, purchased with cash advances, and bankruptcy, this is a bad mix.For example, medical expenses are not luxury goods, normally. A trip to the emergency room for a broken arm, or the dentist for a toothache would be considered normal consumer expenses.But a Botox injection for your lips, or a cosmetic teeth whitening treatment would likely be considered luxury expenses.More cash advance bankruptcy mistakes happen with luxury goods. The luxury goods and services rule only applies if you are charging the goods or services to a credit card.		
					Get a Free Consultation From a Certified Bankruptcy Specialist Today				
		When you’re thinking about bankruptcy and looking into the different options for debt relief, think about your recent charges or cash advances and ask your attorney about them. It’s very helpful to get the advice of a certified specialist in this area to avoid being sued in your bankruptcy.Richard West is trained, certified, and experienced in all debt relief options. He’ll make sure you know what not to do, as well. Get a free bankruptcy consultation today. 		
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### Cash Advance and Bankruptcy

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			Cash Advance and Bankruptcy		
			How Cash Advance and Bankruptcy Work		
		When money is tight, a cash advance can help get you through. But cash advance and bankruptcy sometimes don’t play well together. Special rules apply to cash advance in bankruptcy. Sometimes you need to wait until 70 days have passed from your cash advance before you file your bankruptcy case. But sometimes you don’t have to wait. I see cash advance and bankruptcy every day. Here’s what you need to know.		
																										
			Recent Cash Advance Special Rule		
		You’ll not want to file bankruptcy until after 70 days from your last cash advance it it totals more than $1,000. This amount changes every few years. The $1,000 is current through 3/31/22. More rules apply, however.Is the advance used for consumer purposes? Normally you use these advances to pay living expenses, or sometimes other bills. These are consumer purposes. This is one commonly seen use of advance and bankruptcy.Did the cash advance total more than $1,000? For this special rule to apply, the advance would have to total more than $1,000. Because of this rule, you could get two advances for $999, and the rule would not apply.		
        Looking for More Articles on Bankruptcy?Looking for more insight and articles on Bankruptcy? Head over to the Bankruptcy Learning Center for more information.Visit the Bankruptcy Learning Center	
			The Non-discharge Cash Advance Rule is Easy to Avoid in Bankruptcy		
		The rule is designed to catch you if you try to “run up your debt” before filing bankruptcy. I’ve been filing bankruptcy on advances for over 30 years. In my experience, almost none of my clients ever try to do this. It just doesn’t happen.What’s more, the rule is easy to avoid. We ALWAYS ask if there have been any recent cash advances. If so, we just wait it out. Occasionally we have to file before the 70 days is up. What happens then? Does the bankruptcy get dismissed? NO.So far, in over 30 years, NOTHING has ever happened in a case I have filed where we could not wait 70 days. Sometimes we need to stop a sheriff sale. Or perhaps we need to stop a car repossession. This doesn’t mean it won’t someday happen to the consumer who files before the 70 days run after getting a cash advance. The circumstances would need to warrant the creditor taking action.		
			Different Rules Apply to Luxury Goods and Services		
		If you are doing your internet research, you may read about special rules for luxury goods. This is different from the cash advance rule. Luxury goods are things that you don’t really need for daily living. They include the things you would expect. The court would look at the circumstances and the expenditure. If you try to mix luxury goods, purchased with cash advance and bankruptcy, this is a bad mix.For example, medical expenses are not luxury goods, normally. A trip to the emergency room for a broken arm, or the dentist for a toothache would be considered normal consumer expenses. But a Botox injection for your lips, or a cosmetic teeth whitening treatment would likely be considered luxury expenses. More cash advance and bankruptcy mistakes here.The luxury goods and services rule only applies if you are charging the goods or services on credit cards.When you’re thinking about bankruptcy and looking into the different options for debt relief, think about your recent charges or cash advances and ask your attorney about them. It’s very helpful to get the advice of a certified specialist in this area to avoid being sued in your bankruptcy.Richard West is trained, and certified and experienced in all debt relief options. He’ll make sure you know what not to do, as well.		
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### Automatic Stay

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					Automatic Stay				
					What is an Automatic Stay and How is it Used?				
		When you file any bankruptcy case, the automatic stay immediately takes effect. I’m not overstating the truth when I say it strikes fear in the hearts of creditors.One creditor attorney told me, after I notified him that I filed my client’s bankruptcy the day before the attorney had a hearing scheduled, that he promised not to even point his car in the direction of the courthouse. (True story!)The automatic stay stops all actions against the consumer debtor. It stops lawsuits, garnishments of wages, and bank accounts. Also stops foreclosures and repossession, too. It will temporarily stop an eviction, but not for long.Because of the way the law is worded, it stops all civil actions, including divorce and dissolution, so if you are involved in a family law matter and contemplating bankruptcy, be sure you are aware of this.Stopping garnishments with the automatic stay has saved thousands of my clients from losing their cars or getting evicted from their apartments.I’ve stopped foreclosure sales by filing bankruptcy cases literally minutes before a scheduled sale of my client’s homes. The bankruptcy automatic stay is, no doubt, a debtor’s most powerful tool when collection actions threaten harm.		
																														
					Automatic Stay Exceptions				
		Like most things in the law, there are exceptions. If you have filed a previous bankruptcy, and it is dismissed, and you file another one within the year of the first filing, the stay only lasts for 30 days. This may sound like a second bankruptcy filing might not do much for you.Due to the court’s interpretation of the way the automatic stay is written, at least in the Southern District of Ohio, the effect of the second filing is generally that the stay is honored. This issue primarily arises in repeat Chapter 13 case filings.But what about a third filing within a year? Different outcome. The automatic stay DOES NOT arise, unless the debtor files a motion to impose it. This may or may not work.The debtor has to convince the court that the third bankruptcy was filed in good faith and that there have been significant changes in circumstances to warrant the imposition of the stay.Creditors often object to these motions. They arise almost exclusively due to debtors trying to stop real estate foreclosures.		
        Looking for More Articles on Bankruptcy?Looking for more insight and articles on Bankruptcy? Head over to the Bankruptcy Learning Center for more information.Visit the Bankruptcy Learning Center	
					Other Exceptions to the Automatic Stay				
		Family law matters to modify support are not stayed. Neither are actions to establish paternity, nor issues involving custody. Collection of child support payments can continue despite the automatic stay.Law enforcement matters are not stayed, either. So, criminal prosecutions will continue regardless of the filing of a bankruptcy.Tax administration matters, requiring you to file tax returns can continue despite the filing of a bankruptcy. Audits of your returns can continue. But the collection of taxes, even IRS bank levies and wage garnishments, must stop. Even the IRS has to obey the stay.The automatic stay is fundamental to a consumer’s fight to get some breathing room when creditor collections threaten our well-being.If you feel like your back is up against the wall and you are out of options, like your creditors are circling like wolves around you, the automatic stay can turn the tables on them in an instant.But don’t wait until the wolves are at your door. Get in touch with us to learn your options before you need the assistance of the automatic stay.		
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### Which is Better Chapter 7 or Chapter 13?

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			Which is Better Chapter 7 or Chapter 13?		
			The Most Asked Question in Bankruptcy		
		Which is better chapter 7 or chapter 13 is a bit of a trick question.  The answer is, of course, that it depends on what you are eligible for, what your income is, what your debts are, and your goals.  All of these factors play a part in determining which chapter is better for a specific situation.		
																										
			When Chapter 7 is Better Than Chapter 13		
		Chapter 7 is better, generally, for people who have lower income, few assets, and can afford to stay current on things they need to keep, like their car.  A 7 is relatively short, about 5 months from beginning to end, and is less expensive than the 13.  If your income is under the median income for your family size, you will probably qualify for chapter 7.		
        Looking for More Articles on Bankruptcy?Looking for more insight and articles on Bankruptcy? Head over to the Bankruptcy Learning Center for more information.Visit the Bankruptcy Learning Center	
			When Chapter 13 is Better Than Chapter 7		
		Chapter 13 is better, generally, when your income is over median, and you want to keep property that you have fallen behind on.  If you’re behind on your car or house payments, a 13 will allow you to catch up on those payments over 3 to 5 years.  Better than a 7 in some cases, the 13 can lower your car payment if you qualify, and can “strip off” second mortgages and home equity lines of credit, if you qualify.		
			Chapter 7 vs Chapter 13 on a Credit Report		
		One downside of filing bankruptcy is delay in getting some loans.  Mortgage lenders often require that you wait two to three years after discharge before getting a new mortgage loan, and other large loans may take some time to qualify for.  But, by taking the proper steps to rebuild your credit after bankruptcy you’ll find that there is much less of a downside of filing bankruptcy, and you could obtain a credit score of over 650 within a year of your bankruptcy discharge.		
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### What is the Downside of Filing Bankruptcy?

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			What is the Downside of Filing Bankruptcy?		
			5 Things That Really Aren’t That Bad		
		Here’s a summary of what is the downside of filing bankruptcy. But don’t despair! For most, the “upside” or benefits far outweigh the downside of filing bankruptcy. It’s true that bankruptcy can stay on your credit for up to 10 years. And, it’s true that filing bankruptcy will adversely affect your credit for a time.You can’t discharge some debts in bankruptcy. Filing bankruptcy can delay qualifying for some loans for a period of time. Despite the downside of filing bankruptcy, if it is properly handled, there are significant advantages to filing bankruptcy. And, credit rebuilding after filing bankruptcy takes only a short time if done properly.		
																										
			Debts Not Discharged in Bankruptcy		
		Some debts don’t get discharged in bankruptcy. Student loans, child support, recent (3 years) taxes, and some other debts escape discharge in bankruptcy. Most people understand, and even expect this. Most people do not want to discharge all debts in bankruptcy. They prefer to keep some, like their cars or house, and continue to pay them. Some debts can be discharged in Chapter 13 that cannot be discharged in Chapter 7.Most debts, however, are discharged in bankruptcy. Credit cards, medical bills, and personal loans are all discharged in bankruptcy. You can even discharge debts from lawsuits in bankruptcy. This is an “upside,” not a downside of filing bankruptcy.		
        Looking for More Articles on Bankruptcy?Looking for more insight and articles on Bankruptcy? Head over to the Bankruptcy Learning Center for more information.Visit the Bankruptcy Learning Center	
			Bankruptcy Can Have a Negative Impact on Credit.		
		Bankruptcy will have a negative impact on your credit, but it is possible to overcome this by taking the right steps. The negative impact on your credit caused by a bankruptcy will decrease over time. Credit bureaus will report bankruptcy on your credit for up to 10 years. But this doesn’t mean that the negative impact of bankruptcy will last that long. If you take the proper steps to rebuild your credit after filing bankruptcy, it is possible to obtain a credit score of 650 or higher in as little as a year. This eliminates what many think is a downside to filing bankruptcy.		
			Filing Bankruptcy Will Delay Getting Some Loans.		
		One downside of filing bankruptcy is delay in getting some loans.  Mortgage lenders often require that you wait two to three years after discharge before getting a new mortgage loan, and other large loans may take some time to qualify for.  But, by taking the proper steps to rebuild your credit after bankruptcy you’ll find that there is much less of a downside of filing bankruptcy, and you could obtain a credit score of over 650 within a year of your bankruptcy discharge.		
			What Are the Advantages of Filing Bankruptcy?		
		There are many advantages to filing bankruptcy. Most consumer debts get discharged in bankruptcy, and most people report significant stress relief as well. Often, filing bankruptcy on your debts makes it possible to keep secured property, like your car or your house. So this is not a downside of filing bankruptcy at all, just the opposite, in fact.Filing bankruptcy instantly improves your cash flow, enabling you to make all of your other required debt payments on time, which helps your credit score. Discharging debt in bankruptcy improves your debt to income ratio, and many lenders will consider this favorably.ConclusionThere is a downside of filing bankruptcy, just like there is a downside to any debt relief option. For many, the significant benefits of bankruptcy outweigh the downside of filing bankruptcy. Many who file bankruptcy report less stress, improved cash flow, and improved credit in less time then they expected.If you’re thinking about bankruptcy, know that there are upsides as well as downsides. The best way to identify them all and compare downside of bankruptcy to the benefits is to talk with one of our trained professionals. Because, you want to know how non-bankruptcy options compare as well (and there are downsides to these options, as well).		
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### Truth About Bankruptcy

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			Truth About Bankruptcy		
			Separate the Truth from Myth & Fiction		
		Most don’t know the truth about bankruptcy. There are so many myths, and much misunderstanding about bankruptcy. If more people knew the truth about bankruptcy, more people would file. Sadly, misfortune and life’s tragedies must first befall us, before we open our eyes and start looking at our options, in many cases.		
																										
			Everyone Has an Agenda		
		When you look for information about bankruptcy on the internet, you discover that much of what you read conflicts with other information. Why is this? Because everyone has an agenda. One site screams “7 Terrifying Things They Don’t Tell You About Bankruptcy.” This article reeks of misinformation calculated to make you afraid to look at bankruptcy as an option.Don’t believe everything a bankruptcy attorney websites says, either. Attorney websites can have agendas too. Surprisingly, you’ll find as much misinformation on attorney websites as any others. Many bankruptcy attorneys have one thing to sell, so may be tempted to pitch bankruptcy as a “universal remedy” for debt problems. No single option, of course, works for every situation.		
        Looking for More Articles on Bankruptcy?Looking for more insight and articles on Bankruptcy? Head over to the Bankruptcy Learning Center for more information.Visit the Bankruptcy Learning Center	
			Bankruptcy is Not Good or Bad		
		The hard part is to get past your own preconceived ideas and “things you’ve heard” about bankruptcy and try to analyze all your options fairly and equally. Resist trying to compare your case to someone else’s case you may have heard about. No two cases are alike.Sure, there are downsides to filing bankruptcy. There are similar downsides to the alternatives to bankruptcy. Your goal is to “do your homework” so that you have a basic understanding of what all the options are, and what they can, and cannot do.I’ve been recommending to my clients to do as much internet research as they can. This drives other attorneys crazy! Some of them think only they can understand this stuff. Nonsense! YOU can do a lot of investigating yourself, so when you do come in to get help evaluating your options, you’ll better understand how they compare.		
			The Truth About Bankruptcy and Non-Bankruptcy Options		
		The most dangerous situation for consumers is believing everything that debt-management companies say. They have one think in mind, and that is to sign you up with them before you explore any bankruptcy alternatives. They are not lawyers, so they cannot give you legal advice. Further, they are not bankruptcy lawyers, so they cannot give you a fair comparison of their program with bankruptcy. Even if they could, they’re not allowed to, since this would be practicing law without a license, and that’s a criminal offense.Once you look at all the options, equally, fairly, and assuming you have good information, one option will generally be the best. Sometimes several are close. That’s when it becomes especially important to speak with someone like me, who can tell you, based on tens of thousands of cases and decades of experience, how these programs usually turn out for people.Often, there are seemingly small details that can make the decision to chose one over another better for you.When you need a powerful plan to get your finances on track, don’t be misled by websites with agendas. Do your internet research, and then speak with someone who can actually give you legal advice about all your options.Richard West is trained, and certified and experienced in all debt relief options. He’ll make sure you know what not to do, as well.		
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### Stop a Lawsuit with Bankruptcy

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			Stop a Lawsuit with Bankruptcy		
			How to Stop a Lawsuit with Bankruptcy		
		When you are sued, you feel traumatized. Once I was first (I got sued more than once) sued, it was a shock, even though I was very familiar with these suits as an attorney. If it’s YOUR NAME on the suit, it is different. You can stop lawsuits with bankruptcy, and a lawsuit may be the wake-up call you need to look at your options. When you’re sued, you can stop lawsuit with bankruptcy.When you think about it, you shouldn’t be surprised. I knew I owed the debt I was being sued for. I knew I had not paid it, and I knew that the creditor had the legal right to sue me. Heck! I even knew the attorney suing me! But, I got no special treatment, and probably your creditors won’t work with you very much, if at all. That’s how they are.		
																										
			You Can Stop A Lawsuit with Bankruptcy		
		When your creditors won’t work with you, it’s a real problem. When they sue you, it’s a threat to your survival. Once they get a court judgment against you, your paycheck and bank account are at risk. You may not be able to pay your car payment, and we know what comes next. One option is to stop lawsuit with bankruptcy. You can stop lawsuit with bankruptcy in Chapter 7 bankruptcy or Chapter 13.When you’re out of options and creditors won’t work with you, it’s normal to start searching for answers. Debt management programs are everywhere on the internet. You can even find some local credit counselors to talk to. None of them can help when you’ve been sued. Your best bet might be to stop the lawsuit with bankruptcy.If you don’t owe the debt, then it would make sense to hire a lawyer to fight the lawsuit in court. This happens sometimes, but it’s pretty rare. In over 33 years, I’ve only seen a handful of cases where the money wasn’t owed. There may be some dispute about the amount, but owing the debt is generally not in question. You could hope they don’t show up and the court dismisses the suit, but this rarely happens. Normally its better to stop lawsuit with bankruptcy when you owe but cannot pay. Normally you have other debts that can be wiped out as well.		
        Looking for More Articles on Bankruptcy?Looking for more insight and articles on Bankruptcy? Head over to the Bankruptcy Learning Center for more information.Visit the Bankruptcy Learning Center	
			Making Agreements with Creditors Doesn’t Stop the Lawsuit		
		Even if you try to work out a deal with the creditor, and this is sometimes possible, they STILL want to sue you and take a judgment against you. They hold this judgment over your head, and if you have made a payment agreement with the creditor and miss a single payment, you’re toast. The bank account can be wiped out, and you’ll soon be missing 25% of your paycheck. They can file the judgment against your real estate if you have any.Better in most cases, to stop the lawsuit with bankruptcy. You can stop lawsuits with bankruptcy even after you have been sued. In fact, even after the creditor has a court judgment against you, you are still able to stop them from collecting on the lawsuit. Bankruptcy stops lawsuits and collections.Most of the time, my clients who are sued have more than just one debt. This lawsuit is often the first of more to come. It’s like blood in the water and sharks. When one appears, others soon follow. I’ve seen it over and over again.		
			One Lawsuit Often Means More are Possible		
		This is why it is often a mistake for you to try to settle one lawsuit if others are likely to come on it’s heels. I’ve had quite a number of clients insist that we settle the suit and get a payment plan. They wanted to avoid filing bankruptcy. They knew they could stop the lawsuit with bankruptcy, but they wanted to avoid filing. So, we make a deal with the first creditor, and start a payment plan. Then comes the second creditor. So we do it again. Why not stop the lawsuits with bankruptcy? Wipe them all out, and get started on rebuilding your credit.When you are sued, you can stop lawsuit with bankruptcy. One lawsuit typically means more are possible. Don’t wait. Get your options explained to you now, before time runs out.		
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### Small Business Bankruptcy

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					 Small Business Bankruptcy				
					Small Business Bankruptcy – Keep Your Doors Open!				
		Most small businesses are extensions of their owners in many ways. Small business owners almost always personally guarantee the business debt.Sole proprietors or single-member LLC’s sometimes need to file bankruptcy to survive. Filing bankruptcy as a small business doesn’t always mean your business shuts down. Small business bankruptcy can keep the doors open.Most small business bankruptcy cases are filed under Chapter 7 or 13, not subchapter V, the Small Business Reorganization Act. This article discusses small business bankruptcy, how most are actually filed today, in Chapters 7 and 13.Determining whether your small business should file bankruptcy requires more analysis than an individual consumer bankruptcy. Ideally, you’ll get advice from a bankruptcy attorney who has a business background, as well as consumer and business bankruptcy experience.Small businesses often don’t file for business bankruptcy, because the debt is personally guaranteed by the owner. The bankruptcy turns out to be a personal bankruptcy, not an actual business bankruptcy.		
																														
					Small Business Bankruptcy – What Happens When I File?				
		When small businesses file, they don’t always go out of business. If staying in business is the goal, the first question concerns continued operation.Since the bankruptcy will close down lines of credit, you need to be able to continue operations without credit. At least for long enough to rebuild credit relationships with key vendors.Next, you examine what assets the business owns, and which assets you, as the business owner, own. This sometimes makes a big difference, since personal exemptions don’t apply to property owned by the business.		
        Looking for More Articles on Bankruptcy?Looking for more insight and articles on Bankruptcy? Head over to the Bankruptcy Learning Center for more information.Visit the Bankruptcy Learning Center	
					Bankruptcy and Chapter 7				
		In order to file a Chapter 7, you need to have a plan for operation without credit. And, if you have accounts receivable, your bankruptcy timing must carefully consider this. Most people think that you cannot continue operation of your business after Chapter 7. But if you carefully time your filing, you can avoid losses. For example, a real estate agent might have a closing schedule for a future date, and expect to receive a commission check. If the bankruptcy is filed before the closing, the commission check belongs to the trustee. But if the bankruptcy filing is delayed, and the commission received (and properly spent) before the bankruptcy filing, the money is not lost to the trustee.		
					Bankruptcy and Chapter 13				
		Small businesses file C13 all the time. It is not necessary to file a Chapter 11, or a sub-chapter V in order to file bankruptcy for your small business. You must qualify under the debt limitations under 11 USC 109. See the adjustment of dollar amounts at the bottom of the page.By filing Chapter 13, legal fees are more affordable and easier to administer. Still, the Chapter 13 trustee requires periodic reports and wants to confirm compliance with tax regulations.In Chapter 13, it is still possible to borrow money for business operations. If your business requires credit to operate, make sure that your bank is on board with your Chapter 13 filing.Many will agree to continue to fund your business, especially if you have pledged collateral to secure the loan. Your credit limit may be reduced, however, because of the bankruptcy filing. Small business bankruptcy usually does mean reduced credit, however.Filing Chapter 13 means you get to keep all of your assets. These assets might be at risk in a Chapter 7. Tools, business fixtures, and inventory could be sold by a Chapter 7 trustee. In Chapter 13, we often place a low liquidation value on these items and easily keep them for the use of the business.When your business is on the line, get help from a board-certified specialist. We’ve helped hundreds of local businesses keep their doors open. 		
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### Pros and Cons of Filing Bankruptcy

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			Pros and Cons of Filing Bankruptcy		
			With So Many Options. What Are the Pros and Cons?		
		When your debt is more than you can handle, consider the pros and cons of filing bankruptcy. Although there are other alternatives, bankruptcy is the most powerful option for serious debt problems. Like any solution to a serious problem there are pros and cons to filing bankruptcy you must consider. Since most people are misinformed, a visit to a certified specialist is your best bet to sort out the pros and cons of filing bankruptcy.		
																										
			Advantages of Filing Bankruptcy		
		One advantage of filing bankruptcy is that you don’t pay back your debt, or at least you don’t repay most of it. Things you want to pay, and keep, are easier to pay and keep current once you wipe out all the other debts.Most people do not give up their car or home, and chose to continue these debts, but unsecured debts like credit cards and medical bills are either not paid at all or they are only paid a few cents on the dollar.Creditors no longer aggravate you for payments. Once you file bankruptcy, they have stop calling you. Neither can creditors sue you. Nor can they garnish your wages. This is due to the automatic stay, which occurs the instant you file bankruptcy.After you file bankruptcy and discharge your debts, creditors have to report zero balances on your credit report. This instantly improves your debt to income ratio. It’s easier to get credit after bankruptcy than most people think.I have developed a program that guides your credit recovery so that you can expect a 650 to 700 credit score within 12 months after your bankruptcy is discharged.You won’t lose property in most bankruptcy cases. Exemption laws protect most everything we own. And so the common “mis-information” you find on the internet about Chapter 7 bankruptcy being a “liquidation bankruptcy” where “all of your non-exempt property is sold to pay your creditors” is simply untrue.		
        Looking for More Articles on Bankruptcy?Looking for more insight and articles on Bankruptcy? Head over to the Bankruptcy Learning Center for more information.Visit the Bankruptcy Learning Center	
			Disadvantages of Filing Bankruptcy		
		Filing bankruptcy will lower your credit score. This is unavoidable. Bankruptcy will remain on your credit report of 7 to 10 years. But your score need not be lowered for long. Many people find that they actually have higher scores within a relatively short time, by taking proper steps to rebuild credit.You can recover your credit quickly and completely so that even if the bankruptcy is still on your credit report, it will not hurt you. The key is what you do after you file bankruptcy to raise your score.You will lose your credit cards after you file bankruptcy. In most cases, when you file bankruptcy your credit cards will be closed. This does not happen in every single case, but you should expect it. You are not permitted to “pick and choose” which creditors you list when you file bankruptcy. You have to list them all.Bankruptcy will not eliminate all of your debts. This depends, of course, on what debts you owe. Most people know that student loans, child support and most taxes are not discharged in bankruptcy. Although this is true, the elimination of all of the other debt you owe makes it possible to pay the debts not discharged in bankruptcy.Loans may be harder to get. Bankruptcy can make it more difficult to borrow money, in other words, go back into debt. Difficulty in getting loans depends in large part on what you do AFTER you file bankruptcy. If you take the proper steps to recovery your credit, it’s possible to get a mortgage loan at a good rate in as little as 2 years.Creditors are eager to loan money, at high rates, to people who just filed bankruptcy because they know that you can only file bankruptcy after waiting a certain number of years. Pros and cons here too. I can show you how to rapidly improve your credit score, and get low rates.Bankruptcy can carry a stigma, or an emotional feeling of failure. While some feel that filing bankruptcy is a failure IF THEY DO IT, these same people DO NOT feel the same way about their family or friends when they have to file bankruptcy.This is an odd kind of “double standard” we hold ourselves to. There is no good reason to feel like a failure if you really need to file bankruptcy.If you’re considering the pros and cons of filing bankruptcy, you don’t need to try to figure it out on your own. Get help from a Board Certified Specialist and Certified Credit Counselor. The list of pros often outweighs the cons!The “cons” make matters worse the longer you put it off. The attorneys at West Law Office show you ALL forms of debt relief, pros and cons of both bankruptcy and non-bankruptcy, so you will KNOW you have the right solution.		
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### Job Loss and Bankruptcy

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			Job Loss and Bankruptcy		
			What Do You Do When Facing Job Loss and Bankruptcy?		
		Most of us live paycheck to paycheck, or close to it. Job loss and bankruptcy often go together. It just makes sense. Not many can afford the luxury of a 6 month emergency fund. When your income is suddenly taken away from you, you have an immediate emergency. Before too long, you can’t stay current on monthly payments. Bill collectors don’t care why you can’t pay. I had fellow attorneys sue me when I got behind. It was a nightmare. It doesn’t take long before bankruptcy becomes a serious option.More people file bankruptcy due to job loss than for any other reason. I’ve seen clients suffer all sorts of hardships. Garnishments eat into their paychecks. They adjust. Payments on consumer debt leave nothing for medications. They do without. But job loss makes even these difficult alternatives impossible. So, they look to bankruptcy to discharge the debt. Job loss and bankruptcy thereafter are more common than you may think. It’s absolutely the right thing to do.		
																										
			Job Loss and Bankruptcy, Should I File Now, or Later?		
		Timing is important when facing Job loss and bankruptcy. The amount and type of debt you have makes a difference. Even the difference between renting or buying your home can have a dramatic impact on your choice.The first question I always ask my clients is how long they expect they will be unemployed. In recent years, the answer is that job search takes two to ten times longer than it used to. Add Corona virus to the picture, and the answer becomes even more difficult. Still, you have to make the best estimate you can.Create your disaster plan. What is your worst-case job replacement scenario? What can you afford not to pay, and suffer the least serious consequences. This is not the time to worry about your credit score. Food, shelter and transportation are the most important things to pay. All else has low priority.For extended planning, if you own your home, you can request a forbearance. See if your car loan can be extended. Don’t worry about credit cards and personal loans for now.Hold out as long as you can. See a bankruptcy specialist to make a plan. But, you might want to old off as long as you can, ideally until you income is replaced, before you file. That way you can wipe out all the debt you have in your bankruptcy.		
        Looking for More Articles on Bankruptcy?Looking for more insight and articles on Bankruptcy? Head over to the Bankruptcy Learning Center for more information.Visit the Bankruptcy Learning Center	
			Can I File Chapter 7 if I Am Unemployed?		
		Yes. There is no income requirement to file chapter 7. In fact, Job loss and bankruptcy, especially chapter 7, is a recipe for recovery. However, if you have a car payment, this might become an issue. In order to keep your car, you normally will sign a reaffirmation agreement. One of the requirements is that your car payment will not constitute a hardship on you. The court has to rule on this. If you have no income, would this not be a hardship?In several cases I have filed, we did reaffirm debts for clients who were not employed at the time. We explained to the court that a family member, fiancée, or parent, would help pay the debt until the client got employed, and that we did expect to be employed soon. So, even if you are unemployed, there may still be a way to reaffirm debts you need to keep.		
			Can I File Chapter 13 if I Am Unemployed?		
		Yes, you can!. One of the requirements of chapter 13 is that you have regular income to fund a plan. If you are receiving unemployment, this can be counted as regular income. Also, family assistance can be counted too. I have filed a number of chapter 13 cases where we expected to get a job soon, and we got the trustee to agree to a plan funded, temporarily, by unemployment and funds from family. Job loss and bankruptcy in chapter 13 can be a real life-saver.Job loss soon turns into an emergency. The sooner you have a plan, the more confident you’ll be of getting through, and recovering. I’ve helped thousands of people through job loss, unemployment, and successfully recovered through bankruptcy. The sooner you have a plan, the better off you’ll be. Job loss and bankruptcy to pick you up after job loss is what you need, sometimes.		
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### What is a Bankruptcy Exemption?

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					What is a Bankruptcy Exemption?				
					Ohio Bankruptcy Exemptions and How They Work				
		A bankruptcy exemption protects your property. Bankruptcy exemptions safeguard property, up to a certain limit, so our property is not taken by creditors and the bankruptcy trustee.Exemptions vary from state to state. There are federal law exemptions apply when we cannot use the state law exemptions. Because the laws vary from state to state, you have to know what exemptions apply to you. Ohio’s exemption laws can be found at ORC 2329.66.		
																														
					How do Bankruptcy Exemptions Work?				
		Bankruptcy exemptions can be complicated to apply. Sometimes you can “double them” if you have a joint case with your spouse. Sometimes you may apply one exemption to several articles of property.For example, you may apply your household goods exemption to any number of items. However, your vehicle exemption can only be applied to one single vehicle, and it cannot be split.Generally, your bankruptcy controls all of your property as part of your “bankruptcy estate.” Bankruptcy exemptions effectively “remove” from the estate the property protected.Sometimes your exemptions don’t fully protect your property. When this happens, you might be offered an opportunity to pay the trustee so you can keep the property. Or the trustee may sell the property, and give you money to reflect your “exempted” ownership interests.		
        Looking for More Articles on Bankruptcy?Looking for more insight and articles on Bankruptcy? Head over to the Bankruptcy Learning Center for more information.Visit the Bankruptcy Learning Center	
					Protect Your Home With Bankruptcy Exemptions				
		In Ohio, the current residence exemption is $145,425. This is a per person exemption. It protects your equity up to this amount. If you own your home jointly with your spouse, this doubles your exemption!Remember, equity is the value of your home over and above what you owe on it. So, your home could be free and clear, worth $290,850, and would be totally protected in bankruptcy.The equity in your home has a great deal of protection. For this reason, it is almost never a good idea to get a second mortgage, or HELOC (home equity line of credit, code-word for 2nd mortgage), to pay debt.Paying debts you can discharge by mortgaging protected property equals a bad strategy.		
					Protect Your Car With Bankruptcy Exemptions				
		Bankruptcy exemption protects the equity in your car up to $4,000. But you can only apply your exemption to a single vehicle. So, if you own two cars, each worth $2,000, free and clear, you cannot split your $4,000 exemption to cover them both.Your exemption only protects one car. So, if you own a car worth $8000, free and clear, jointly with your spouse, it can be totally protected. You own one-half of the equity, and your spouse owns the other half. Each of you applies your full exemption to your 1/2 interest in the car.		
					Protect Your Retirement With Bankruptcy Exemptions				
		Most retirement accounts are fully exempt under both federal and state law. The exemption for retirement funds is practically unlimited. For this reason, it is almost NEVER a good idea to rob your retirement fund to pay debts when you consider debt relief options.Your retirement supports you later in life. Using it to pay debts you can discharge in bankruptcy is a poor strategy.Exemptions play a critical role in protecting your property. Applying exemptions and making the best use of them is best done by a certified specialist.I’ve encountered situations where I’ve helped my clients plan and shift assets around to fully protect them with exemptions. This “exemption planning” is perfectly legal when properly done.When you’re considering different options for debt relief, you also consider how best to protect your property.		
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### Self Employed Bankruptcy

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			Can the Self Employed Claim Bankruptcy?		
		Self employed bankruptcy cases work in both Chapter 7 and Chapter 13. Depending on your circumstances, continued business operations are possible. You do NOT always have to close your business if you file bankruptcy. In fact, self employed bankruptcy often keeps businesses from failing. Don’t think you need to file a Chapter 11 or Chapter 5. Most self employed bankruptcy cases are Chapter 7 or 13.If your self employed business employs only you, and you have no inventory or accounts receivable, you may be a good candidate for a chapter 7. If your business has employees, you have ongoing contracts, or inventory you buy and sell, a chapter 13 might work better. Either way, bankruptcy may save your business from going under.		
																										
			Chapter 7 for Self Employed		
		Chapter 7 cases for businesses may not need to perform a means test. The means test contains the requirement that consumer debt constitutes the majority of the debt. If business debt, not consumer debt, makes up the majority of your debt, no means test needed.Self employment status does not affect eligibility for Chapter 7. Corporations, however, don’t get a discharge in bankruptcy. In my experience, filing self employed bankruptcy cases for over 30 years, most		
        Looking for More Articles on Bankruptcy?Looking for more insight and articles on Bankruptcy? Head over to the Bankruptcy Learning Center for more information.Visit the Bankruptcy Learning Center	
			Filing Chapter 13 While Self Employed.		
		You can continue self employed business during a Chapter 13. The Chapter 13 trustee requires that “business cases” file quarterly reports. The trustee will monitor business operations so that the business is successful. With debts under control, many businesses continue to run profitably.If your business needs cash to operate, this could be a problem. Normally, in Chapter 13, we don’t see businesses borrowing money to operate. The problem here is obvious. Going into debt while trying to get out of debt is tricky. It’s not impossible, but as a practical matter, it is seldom done.		
			Most Self Employed Bankruptcy Has Personal Debt Guarantees		
		Self employed businessmen typically sign personal guarantees on debt.  Seldom do we see debt or credit in the name of the business alone. As a result, you will ordinarily file a bankruptcy, when self employed, as a personal bankruptcy. You don’t file the bankruptcy on the business.
Rather, you file a personal bankruptcy, with the business being listed as an asset you own. In fact, you must assign a value to the business itself. This is seldom a problem, however, since most self employed businesses have no value aside from the owner’s contribution and skill.		
			Downside to Self Employed Bankruptcy		
		Getting rid of the debt often means your business will survive. One downside, however, arises if you need credit to operate. For example, self-employed contractors often need to purchase materials. They purchase what they need on credit, and are paid back later. Immediately after a bankruptcy, there often is no credit available (you need some time to build it back up after bankruptcy).
When this happens, contractors often change, for a time, their business model to require the customer to purchase materials in advance.
I help self employed businessmen file bankruptcy regularly. Their complex business factors require more expertise than consumer cases. Get a certified specialist to help you keep your business from failure. Your income depends on it.		
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### How You Can Lose Your Retirement in Bankruptcy

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How You Can Lose Retirement in Bankruptcy
Don’t lose retirement in bankruptcy. If you have a standard kind of retirement account, like a IRA, 401K, 403b account, it is almost certainly protected in both Chapter 7 and Chapter 13 bankruptcy.

Unfortunately, many people do end up losing their retirement accounts. This can be avoided by proper planning and knowing what to do, and what not to do, with your retirement funds.


Loss of Retirement Account Due to Poor Planning
Not thinking ahead is the number one way people end up losing their retirement accounts in bankruptcy. More specifically, they don’t lose the retirement account itself. They take the money out of the retirement account first, then then they file bankruptcy.

This is understandable, but the problem can be avoided. This situation happens mainly when you want to avoid filing bankruptcy. Your plan is to use the retirement funds to pay down debt to a manageable amount, which you think you will be able to handle.

What happens next? You get hit with the taxes. Seems that they never withhold enough tax, so you end up with a big tax bill the following years. Then you have another bill you can’t pay. And, this bill is not dischargable in bankruptcy.

Or, you get hit with an unexpected expense. The strategy of using your retirement to avoid bankruptcy works, if everything goes “just right.” You might even have had enough taxes taken out of the retirement to avoid a tax hit. (this significantly reduces the amount of money you actually receive, often as much as 40% is lost!)

When you get the unexpected expense, you may need to file bankruptcy. Of course, taking money out of your retirement before filing bankruptcy does not keep you from being able to file. It’s just sad, heartbreaking actually, when you realize you have depleted your retirement to avoid bankruptcy. You used it to pay bills you could have wiped out in the bankruptcy, so, you lose retirement in bankruptcy.
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Looking for more insight and articles on Bankruptcy? Head over to the Bankruptcy Learning Center for more information.

Visit the Bankruptcy Learning Center
Keep Your Retirement Account Safe and Protected From Loss
These are the main ways people lose retirement in bankruptcy. There are others.

A common mistake made is to use a retirement plan withdrawal, like a hardship withdrawal, to pay down a debt, like a car payment, to help with the budget. Depending on your circumstances, this may be OK., But often, I see people pay off large debts, like cars or recreational vehicles, and this creates other problems.

For example, if you have a $20,000 car and owe $20,000 on it, you might have a payment of $600 per month. Your budget sure could use an extra $600 per month. If you had that extra money, you could make your minimum payments, and could avoid bankruptcy. So you take a withdrawal from your retirement fund. Do this not to lose retirement in bankruptcy.

Later, you find you really need to file bankruptcy, but you learn that the $20,000 you HAD in your retirement account, which you used to pay off the car, has created a different problem. The equity you created by eliminating the car loan now keeps you from being able to file a chapter 7, and means you will pay more in a chapter 13. You would be better to reverse this, take a loan out on the car, put the money into a private retirement as much as possible, and then file bankruptcy. So you don’t lose retirement in bankruptcy, or lose as much.

In this example, the retirement plan was not lost in bankruptcy, but it created a problem, a different kind of loss.

There are other ways to lose your retirement in bankruptcy. But, since your retirement is totally protected in bankruptcy, you ought to consult with a bankruptcy specialist before actually taking that loan or withdrawal from your retirement account. Bankruptcy is a better option, most of the time, than using your retirement account to deal with debt.
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### Why Life After Bankruptcy is Better

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					Why Life After Bankruptcy is Better				
					Life After Filing for Bankruptcy				
		Your life after bankruptcy, like most things in life, will be largely determined by you. What you do AFTER bankruptcy determines how you experience life afterwards. Here’s the problem. Most people DON’T KNOW what they don’t know.What you DO after bankruptcy is critical to your financial recovery. It’s not hard to recover credit after bankruptcy if you know how. Most of us know people who filed for bankruptcy and now have great credit.They got cars soon after they filed, and many are able to buy homes as well. How do they do this?		
																														
					Lies About Life After Bankruptcy				
		I understand that creditor businesses have an agenda. They spin bankruptcy as bad, because it’s not what makes money for them. You get it, too. But my blood pressure still goes up when I read “bankruptcy will hurt your credit for 10 years, by staying on your credit report.” This is bullshit. Don’t believe it.Here’s another actual lie from a major credit reporting bureau: “Bankruptcy is painful, embarrassing, and devastating to your credit.”The real thing we consumers find to be painful, embarrassing, and devastating is our inability to pay our bills, feed our families, and get the basic necessities we need to survive. Sorry, Experian, your view of bankruptcy is not mine. Nor is this the true experience of my clients.		
        Looking for More Articles on Bankruptcy?Looking for more insight and articles on Bankruptcy? Head over to the Bankruptcy Learning Center for more information.Visit the Bankruptcy Learning Center	
					Truth About Life After Bankruptcy				
		Having personally helped over ten thousand families through the process of Chapter 7 and Chapter 13 bankruptcy, I can tell you from personal experience the truth about life after bankruptcy. Sure, it’s a tough decision to make.We always review all options, both non-bankruptcy and bankruptcy, as well.What you do makes the difference. You need a proven plan. Those who suffer poor credit are the ones who have no plan. Or worse, they choose to go “cash only,” refusing to get credit, “because that’s what got us into this mess in the first place!” Those who experience good financial recovery are the folks who understand that good credit doesn’t just happen by itself. They take positive steps to recover their credit.My credit recovery program, applicable to both Chapter 7 and Chapter 13, outlines the steps to take after filing, enabling you to quickly rebuild your credit. You’ll take safe and sensible steps to get new credit cards. And, you’ll learn how to quickly review your credit report, identify, and correct any errors that could hurt your score.		
					Other Benefits of Bankruptcy				
		When you’re drowning in debt, life is hard. When my wife and I went through our financial disaster, we fought. My clients report the same thing. Financial pressure poisons your life, and your relationships.When the financial pressures are removed, everything seems better. You can look forward to the future. Your entire attitude and outlook on life is changed. You become the happy, helpful person you really are, when the added stress of bills you can’t handle is removed.They say money isn’t everything, and you can’t buy happiness. This may be true, but not having enough money makes life miserable. The truth about life after bankruptcy is simply this: Life after removal of debt is far more satisfying, and worthwhile than you can imagine. My clients are living proof. You really can’t argue with thousands of success stories over 30+ years!Richard West is trained, certified, and experienced in all debt relief options. Call Rick at (937) 233-3101 to discuss how bankruptcy can help. 		
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### 3 Best Ways to Keep  Your Car in Bankruptcy

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					How to Keep Your Car In Bankruptcy				
					How to Keep Your Car in Bankruptcy				
		The fear of losing your car is understandable. Without a car, you can’t keep your job and pay your bills. But, sometimes it makes sense to look at other car options, either before or after you file for bankruptcy. You have options you may not be aware of. And, you might end up with a better car than you now have, while paying less!		
																														
					Keep Your Car in Bankruptcy Chapter 7				
		Option 1. Most people keep their car in Chapter 7. If you owe money on the car, you normally will reaffirm the car loan and continue to pay it. This takes the car debt out of the bankruptcy discharge.If you later fall behind on the debt, the creditor can repossess the car, and you will owe the debt. Reaffirming the car loan reinstates all of your obligations on the debt. The amount due, the interest rate, and the monthly payment will not change.Strangely, car creditors actually seem to like it when you file bankruptcy and reaffirm the car debt. They figure you got rid of your other bills, so you’ll be in a better position to keep your car loan paid on time.Creditors normally require that you be current on your car loan before they will agree to let you reaffirm. Sometimes it is better to buy a new car than to keep your car in bankruptcy.Option 2. There is another option to keep your car out of bankruptcy in Chapter 7. This is a redemption. This allows you to pay the value of the car, and the amount owed in excess of the car’s value is discharged. The problem with this option is that the value must be paid in a lump-sum payment.Often, this is not possible for a consumer to do. There are companies that finance these redemption transactions. This is a great way to keep your car out of bankruptcy, and pay less than what you owe on it. This also solves the cross-collateral problem if your loan is with a credit union.		
        Looking for More Articles on Bankruptcy?Looking for more insight and articles on Bankruptcy? Head over to the Bankruptcy Learning Center for more information.Visit the Bankruptcy Learning Center	
					Keep Your Car in Bankruptcy Chapter 13				
		Option 3. You don’t need to be current on your car loan to keep your car in Chapter 13. In fact, Chapter 13 is often used to stop repossession and give you time to catch up on missed payments. Creditors cannot refuse to accept payment on the car loan if you file Chapter 13.If you get behind on your car payments and the creditor won’t work with you, threatening repossession unless you come up with all the missed payments at once, Chapter 13 can help.In chapter 13, you can cram down some car loans. This is not possible in Chapter 7. In a cram down, you pay the value of the car, not what is owed, over the term of the Chapter 13 plan. The interest rate will change as well. In 2020, the current interest rate is 5.5%If you owe more on your car than what it is worth, and at a higher interest rate, Chapter 13 may be an option. To cram down a car, you must have purchased it more than 910 days before you file your bankruptcy (about 2.5 years).		
					Keeping Two Cars in Bankruptcy				
		You are not limited to one car. You can have two (or more) and still file for bankruptcy. There is no specific limitation on the number of cars a person may own and keep in bankruptcy.However, there are other limitations that do come into play. The law limits the amount of equity a person can protect. You may protect up to $4,000 equity in one vehicle. This is a “per person” limitation, and only applies to one vehicle.For example, if you own one car free and clear and it is worth $4,000, you can protect it with your auto exemption. What if you own another car worth $10,000, but you owe $10,000 on it? It has no equity, and you could keep and reaffirm it.When you file bankruptcy to get rid of debt, you still need a car. Most people are relieved when I tell them they will keep their car. Some are thrilled when I advise them to get a different car BEFORE they file bankruptcy.No way around it, you have to have a dependable car. I’ll show you options that may shock and surprise you. At a free consultation, you will learn how to keep your car, and all your other property while getting rid of your debt.Keep your car in bankruptcy. Wipe out all your other debts, so you can afford to keep your car in bankruptcy.		
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### Dayton Bankruptcy Attorney

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			Bankruptcy Attorney in Dayton Ohio		
		Looking for a great bankruptcy attorney?Are you struggling with overwhelming debt and can't seem to get ahead financially? It may be time to consider filing for bankruptcy under Title 11 of the United States Bankruptcy Code.Personal Bankruptcy Attorney Richard West has helped thousands of clients file for Chapter 7 Bankruptcy & Chapter 13 Bankruptcy in Dayton, Ohio. He's a Board Certified Consumer Bankruptcy Specialist, and a certified Credit Counselor and Debt Arbitrator. He compares all options, so you get the best results. We are a debt relief agency.		
				
						Over 30,000 Families Served					
				
									
						Since1986, We have been the authority for debt relief and credit recovery. 					
				
						Your filing will be approved!					
				
									
						You can depend on us.  We're one of the oldest Debt Relief firms in the State of Ohio. 					
			Over 30 Years
Fighting Credit Card Predators		
					
							
										30,000 Clients Served
									
								
										Bankruptcy Attorney Since 1986
									
								
										Board Certified Bankruptcy Attorney
									
								
										Certified Credit Counselor
									
								
										Certified Debt Arbitrator
									
						
					
							
										A+ Better Business Bureau
									
								
										Over 350 Positive Google Reviews 4.9 -5.0
									
								
										Trusted by Thousands of Clients
									
								
										Member of Association of Consumer Bankruptcy Attorneys
									
						
		https://www.youtube.com/watch?v=x9_eu_0Ivpo		
			Why You Should Hire A Dayton Bankruptcy Attorney		
		Bankruptcy law is difficult, complex and your financial future is at stake. A single mistake could spell disaster for you. Many people have lost their homes and cars due to errors they made trying to do their own bankruptcy or because they tried to save money by hiring a “cheap” inexperienced attorney.At Richard West Law Office, we have board-certified expertise and over 35 years of experience helping over 20,000 families and individuals get the debt relief help and credit recovery they need. West Law Office clients have placed over 400 reviews (and counting) sharing their positive experiences with us as we provide customized plans to wipe out debt, keep your property, and rapidly restore your credit.Bankruptcy law is so complex that it is recognized as a specialty area of the law by the Ohio Supreme Court.Only attorneys who pass extremely difficult and extensive examinations and have demonstrated extraordinary knowledge and skill in bankruptcy law can advertise as Consumer Bankruptcy Specialists.The list of Certified Specialists is found at abcworld.org. Richard West has been a Certified Consumer Bankruptcy Specialist since 2005 and has been practicing bankruptcy law since 1986.		
			Richard West Law Office		
		120 W. Second St. #1501 Dayton, Ohio 45402
Phone: (937) 224-3648		
													
															
																										
			By Filing for Bankruptcy Relief in Dayton You Can		
			Wipe Out Debt, Keep Your Property & Rebuild Your Credit		
		Are you a Dayton, Ohio resident who is burdened with debt? Start here for an explanation on Bankruptcy options.		
			Chapter 7		
			
						
			Chapter 13		
			
						
			NON-Bankruptcy Options		
			
						
			THE COST OF AN ATTORNEY		
			
						
			Sources of DEBT in DAYTON		
			
						
			How we can Help		
			
						
			Chapter 7 Bankruptcy		
			Personal Chapter 7 Bankruptcy Attorney		
		This is the most commonly filed chapter of bankruptcy in Dayton. Nationwide, 62% of consumer bankruptcy cases are filed as Chapter 7.While you may read on the internet that Chapter 7 is a “liquidation bankruptcy where your non-exempt property is sold to pay your creditors,” this is very misleading.Most of the Chapter 7 cases filed in Dayton do not result in the consumer losing any property at all.You will normally keep the property you want to keep, generally your home and cars, and lose nothing. Your unsecured debt, like credit cards, medical bills, personal loans, and similar debts, are discharged with no payment.The typical Chapter 7 case lasts for only five months, and you only have to meet with the trustee, not a judge, one time. Currently, due to COVID-19, there are no in-person meetings, and the trustee meeting is held by conference call.		
			Chapter 13 Bankruptcy		
			Personal  Chapter 13 Bankruptcy		
		Chapter 13 is a form of debt reorganization, where you consolidate your debts into one payment which is made to a trustee. About 38% of consumer bankruptcy cases are Chapter 13. Dayton Chapter 13 plans can last for 3 to 5 years, and some are required to be five years long.A common misunderstanding about Chapter 13 is that you will pay back ALL your debt in the plan. This is not true. Normally only a fraction of your debt will be repaid, often as little as 1%. This is very similar to Chapter 7.Unlike Chapter 7, you do not have to be current on your house or car in order to keep them in Chapter 13. In fact, people frequently file Chapter 13 in order to catch up on the missed house and car payments and protect themselves from repossession or foreclosure.Some people are afraid that they will not have enough money for their living expenses if they file a Chapter 13. The truth is that many of our clients have MORE money in their living expense budget, and this enables them to keep their home and cars protected while discharging all of their other debt, just like in Chapter 7.		
			Debt Settlement & Debt Negotiation		
		Debt settlement companies take your money and withhold payment from your creditors, trying to get them to take small lump-sum settlements.  Your credit is trashed in the process and there is no guarantee that any creditor will give you a deal.Debt negotiation, or debt management firms try to negotiate lower interest rates and sometimes forgiveness of some of the debt itself.In all non-bankruptcy programs, you’ll pay tax on whatever debt is written off by your creditors.Although non-bankruptcy programs sometimes work, in many cases they fail, and you end up needing to file chapter 7 or chapter 13 after wasting valuable time and thousands of dollars.  When you file a bankruptcy, you can be confident in the outcome.		
			The Cost of a Dayton Bankruptcy Attorney		
		When you're looking for a bankruptcy attorney near me, it's important to do your research and find an experienced one over a cheap bankruptcy attorney. Don't be fooled by cheap 'bankruptcy mills' tricking unsuspecting potential clients into thinking they'll save money. Experienced attorneys in Dayton have all heard the horror stories of what can happen with inexperienced ones - fixing these problems is best left up to someone who has experience handling such bankruptcy cases before!Our bankruptcy lawyers are here to make sure that your case is handled with care. We understand every situation can be different, and we're committed to giving you the best service available at competitive prices because you deserve nothing less than excellent representation on such a personal matter.		
			Source of Debt in Dayton		
		Like many people in the United States, Daytonians from the "Gem City" have seen their fair share of ups and downs. A stagnant economy , a retraction in economic influences, whatever the cause more and more residents in Dayton are feeling the financial pinch. These problems combine to put unbearable strains on relationships, strains on marriages, and lead to separations and divorce. Uncontrollable debt is the single most commonly mentioned contributing factor in why couples fight.With that in mind, here are some common debt issues plaquing the people of Ohio.		
			Sources of Debt		
					
							
										Medical Debt
									
								
										Student Loan Debt
									
								
										Credit Card Debt
									
								
										Mortgage Debt
									
								
										Court Ordered Debt
									
						
			What They Can Claim		
					
							
										Foreclosure
									
								
										Car Repossession
									
								
										Wage Garnishment
									
						
			What They Can Cause		
					
							
										Stress
									
								
										Anxiety
									
								
										Divorce
									
								
										Suicide
									
								
										Depression
									
						
		It is clear that there is a lot to loose when you are struggling with overwhelming debt and you may feel that there is no way out. But, that is not true and we shape our own future. I have actually been in your position before. In Year I suffered a serious medical issue and I was worried about the same things you are right now. I was struggling and about to loose everything when I filed for bankruptcy. So we can get through this together. There is an answer.		
			Types of Debts Discharged in Bankruptcy 		
		Credit Card DebtCredit card debt is a major reason to file for bankruptcy. The interest charged on credit card debt often forces you to pay much more for things you buy. Credit card debts are referred to as “unsecured debts,” which means the things you purchase cannot be repossessed if you discharge the debt in bankruptcy.Medical Bills Medicals bills are another top reason people file bankruptcy in Dayton, Ohio. Even if you have insurance, the cost of any medical issue can be too much to handle. Often, it only takes a single trip to the hospital to break your budget. Medical bills are discharged in bankruptcy, and if you do file bankruptcy on medical debt, you will not be denied medical treatment in the future, should you need to go to the emergency room.Mortgage Debt Bankruptcy will discharge debt arising from a foreclosure. Foreclosure sales often result in very large deficiency judgments, which ruin your credit. Normally the amount is so large you will never be able to pay it. You can discharge this deficiency in Chapter 7. If you’re behind on your mortgage, filing bankruptcy in Dayton Ohio, can stop the sheriff’s sale and give you time to catch up on missed payments. By discharging other debts, you free up money to catch up on your mortgage.Personal Loans (including Payday Loans and Cash Advances) These are unsecured debts and can be discharged in bankruptcy. Often you are required to sign a document that indicates you are not filing bankruptcy. These are totally unenforceable in bankruptcy! You cannot “sign away your right to file bankruptcy” on these loans. While there are a few considerations to observe, like how long ago the loan was taken out, we discharge these debts every day.Forbearance Debt on Mortgage If you have a mortgage forbearance and did not make your mortgage payments, some mortgage lenders want you to pay more than you can afford to catch up.  The Federal Government mandated that many lenders offer forbearance, but did NOT specify how the lender is supposed to let you catch up the payments.  Some will demand more than you can pay.When the payments are more than you can afford, bankruptcy can give you up to 5 years to catch up on the missed payments. You would discharge your unsecured debt with little or no payment and free up money to save your home.Evictions and Bankruptcy Debt owed from apartment leases can be discharged in bankruptcy. This includes back rent as well as “damages” the landlord claims you may have caused. Discharging debt related to broken leases and evictions will generally not keep you from being able to rent another apartment or house later. In fact, many landlords look at a prior bankruptcy as a positive thing.Having little or no debt means that you will be better able to pay your rent on time!Student Loan DebtAlthough student loans are seldom discharged in bankruptcy, you could free up money in your budget to start paying the student loans by discharging other debts. And, if a student loan creditor is suing you, bankruptcy can give you the “breathing room” you need to wipe out other debts, put a freeze on the student loan collections, and get the time you need to recover financially. Then, after bankruptcy, you could have the ability to begin making payments on the student loans.		
			Rebuild Your Credit		
		With the step-by-step guidance of this simple program, you’ll know what to do, when, and in what order, to improve your credit. Most will get a credit score of 650 – 700 within a year of discharge after filing Chapter 7.Now that’s a financial recovery!Many people never recover good credit after bankruptcy.  They don't have a plan.  But I have a plan for you. A proven program that has worked for thousands of my clients to quickly recover credt after discharging your debts.  You can too!It won’t matter that the bankruptcy will appear on your credit report – if you have taken the proper steps to raise your score. Many of our clients get car loans at good interest rates only a year after discharge and are buying homes only 2 to 3 years later.Filing for bankruptcy is often the smartest move you can make. If you’re so far behind that it will take you years to catch up; then bankruptcy should NOT be a “last resort.” Once you talk with one of our attorneys, you may find that you can cut years off your financial recovery time. And nobody has time to waste paying bills they can discharge, freeing up money for themselves and their families. 		
			How a Dayton Bankruptcy Attorney Can Help.		
		Choosing a bankruptcy type to file and filing for bankruptcy in Dayton is confusing, complicated, and many mistakes can be made if you are not steeped in bankruptcy law.Therefore, it only makes sense to rely on the expertise of a bankruptcy attorney with a 35 year track record of success. Your financial future is in good hands with West Law Office. The best solution in bankruptcy is to find a lawyer you can trust. One that has many reviews and testimonials.This leaves room for little error. Most of our clients have very little knowledge on the bankruptcy process, bankruptcy law, or have tried filing for bankruptcy relief but found it to be overwhelming.Don't delay when filing, if your financial situation is not getting better, it's probably getting worse. Don't pretend things will get better all by themselves. Reach out to Richard West Law Office today for a free no-obligation consolation with one of the best bankruptcy attorneys in Dayton. We can file online, and we offer no-contact consultations.		
			Frequently Asked Questions		
									Should I Hire a Bankruptcy Attorney?
									If you are struggling with debt, about to face foreclosure or car repossession. Then hiring a bankruptcy attorney makes sense. Bankruptcy is a complicated process and many errors can be made without the assistance of legal counsel.									
									What is the Income Limit in Ohio for Chapter 7?
									The income limit is commonly though of as the median income. Here’s the chart for Ohio, monthly gross income:1 person $4,3682 people $5,5883 people $6,5854 people $8,015For each additional person add $750However, this is just a starting point.  If your income (averaged, over the 6 months before you file) is more, you must complete the means test to see if you are eligible to file.  Even if you fail this test, you might qualify for chapter 7 if you have special circumstances.  An experienced bankruptcy specialist can tell you if you qualify.									
									Is it Better to File Chapter 7 or Chapter 13?
									Trick Question.  One is not “better” than the other.  The “best” chapter to file is the one that benefits you the most, and fits your goals and circumstances.  Sometimes Chapter 13 gives you a better result, and you pay less to creditors, than Chapter 7.  That’s why its so important to consult a certified specialist to compare the pros and cons of each for your individual situation.									
									Can I Keep My Car in a Chapter 7? 
									Yes, and most people do.  When you keep your car in Chapter 7 this is called a Reaffirmation.  You sign papers that tell the creditor you are going to keep, and continue to pay, for your car.									
									Can I Keep My House in a Chapter 13? 
									Yes, and most people do.  And, if you are behind in your house payments, you get up to 5 years to catch up your missed payments.  This  permits many people to keep their homes safe from foreclosure, especially after a forebearance.									
									What Do You Lose if You File a Chapter 7?
									In most cases, you will not lose any property at all!  This is because our property is protected, up to a certain maximum value, in bankruptcy. For example, you can protect over $140,000 equity in your home, and $5,000 equity in your car when you file.									
																										
			What Our Clients Say		
					
							
										Free Confidential Consultations
									
								
										Trusted By 30,000 Clients
									
								
										Over 350 4.9 Google Reviews
									
								
										No Legal Fee Up Front (Ch 13)
									
								
										Affordable Payment Plans
									
								
										Remote Consultations
									
								
										File Online
									
								
										We Care About Your Future
									
						
				
			We Service the Following Cities and Communities Outside and Inside of Dayton, Ohio.		
					
							
										Kettering, Oh
									
								
										Miamisburg, Oh
									
								
										Centerville, Oh
									
								
										Beavercreek, Oh
									
								
										Oakwood, Oh
									
						
					
							
										Riverside, Oh
									
								
										Fairborn, Oh
									
								
										New Carlisle, Oh
									
								
										Piqua, Oh
									
								
										Franklin, Oh
									
						
					
							
										Springfield, Oh
									
								
										Xenia, Oh
									
								
										Woodbourne-Hyde Park, Oh
									
								
										Beavercreek, Oh
									
						
					
							
										Springfield, Oh
									
								
										Xenia, Oh
									
								
										Woodbourne-Hyde Park, Oh
									
								
										Beavercreek, Oh
									
						
			Ready? Get on the Road to Bankruptcy Recovery		
		We are still open for remote filings in Dayton and remote consultations during the pandemic. All consultations are free and there is no catch. We only work with clients who want to work with us. Nothing high-pressure. We look forward to assisting you.		
					
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### Keep Your Property Secure in Bankruptcy

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					How to Keep Your Property Secure in Bankruptcy 				
					Does Liquidation Bankruptcy Mean I Lose Everything?				
		You worked hard to get what you own. You don’t want to lose any of it. You’ve read that Chapter 7 is a liquidation bankruptcy. Sounds like you will lose everything, doesn’t it? You want to keep property in bankruptcy!Relax. You will keep property in bankruptcy. Exemption laws protect most everything we own. And, Ohio’s exemption laws have recently been improved, so more of what you own is protected.		
																														
					Exaggerations About Loss of Property in Bankruptcy				
		It is a long-standing myth that you lose your home or car in bankruptcy. Like many myths, this one has its origin in fact. Long ago, when I first started to practice bankruptcy law, you could only protect $1,000 worth of a car. Now you can protect $4,000. We formerly could only protect $5,000 equity in our home. Now it’s over $132,000!So, if someone tells you, “I lost property in bankruptcy,” it may be that they filed for bankruptcy a long time ago. But times and exemptions have changed. Most people will keep property in bankruptcy if they plan their exemptions properly.		
        Looking for More Articles on Bankruptcy?Looking for more insight and articles on Bankruptcy? Head over to the Bankruptcy Learning Center for more information.Visit the Bankruptcy Learning Center	
					Keep Your Home and Car Secure and Safe in Bankruptcy				
		Our most important “big ticket” items are our cars and home. Most of the time, we don’t own these “free and clear,” but rather, we are still paying for them.The “equity” we have in our property is protected by exemptions. Ohio has recently improved its exemptions, so Ohioans will normally keep property in bankruptcy.If you have been a resident of Ohio for the 2.5 years prior to filing Chapter 7 or Chapter 13 bankruptcy, you will likely claim Ohio’s exemptions.But, if you were a resident of another state during the 2.5 years prior to filing, you might have to use the exemption laws of another state or even the Federal exemptions. Either way, you should be able to keep property in bankruptcy.I file hundreds of consumer bankruptcy cases each year in Dayton and Southern Ohio. Very rarely do we see any reason not to keep property in bankruptcy. Keeping your cars and home is the norm when filing Chapter 7 or 13.There is no limit, in bankruptcy law, on the number of cars or vehicles you may own and keep. The law is concerned with the amount of equity you have, and the name on the title, if a car, or the deed, if a house.		
					What Would Cause You to Not Keep Property in Bankruptcy?				
		If exemption laws protect your equity in most cases, how is it that some people end up losing property in bankruptcy? In many cases, this happens if you cannot claim an exemption.You can lose your exemptions for many reasons:fraudlying under oathhiding assets, etc.So, for example, if you try to hide an asset and are later found out, you might not be allowed to claim an exemption in that property, even if you could have used an exemption if you had disclosed it.You might not be able to claim an exemption in your house, for example, if it is not in your name. Sometimes people put their homes in a trust. When they do this, the trust owns the house, and they own the trust. This destroys the ability to claim the exemption. A person could lose their house if they have done this and filed for bankruptcy.Another problem involving home ownership is when a parent transfers the deed to the home to children, in advance of death. The children then want to file for bankruptcy, but they “legally” own the parents’ house. It is not their residence, so they cannot apply the residence exemption to it. If they file bankruptcy, the house could be lost to the bankruptcy court.There are other examples, but family transfers account for the majority of common problems that result in loss of property in bankruptcy.If you are considering bankruptcy, don’t transfer anything out of your name. Don’t allow any property to be put into your name.Check first with an experienced, certified bankruptcy specialist. I regularly see people do things that PREVENT them from filing bankruptcy. Or, at the very least, do not permit them to keep property in bankruptcy.The things they do are legal,but they have unexpected consequences in bankruptcy.Ask first, before taking any action, if you are even remotely thinking about bankruptcy. A free consultation could be worth many thousands of dollars.		
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### Non-Bankruptcy Options

The Non-Bankruptcy Options				
		Non-bankruptcy plans are totally voluntary agreements with creditors. Some creditors won't negotiate much, and some not at all. Non-bankruptcy options offer no protection from lawsuits. Results vary, and the success rate is, in our experience, quite low.There are three non-bankruptcy approaches to debt relief.  They are:Credit CounselingDebt ManagementDebt SettlementCredit counseling is where you get professional help to manage your budget, freeing up more money to pay your debts.Debt Management is where you hire a company to negotiate better payment plans with your creditorsDebt settlement is a risky game of chicken, where you hire and pay a company monthly. They hold your money and try to get your creditors to take lump sum settlements less than what you owe.Debt management and debt settlement programs will lower your credit score, typically a lot more and for a longer time, than if you had used bankruptcy.Call 937-748-1749 to discuss your non-bankruptcy options today. 		
					Credit Counseling – Using “REAL” Credit Counseling Professionals				
		First, a word of warning. Credit counseling services online vary from legitimate operations to outright scams. Do not rely on Better Business Bureau ratings. Instead, examine the reviews posted online by actual users. Even these, however, can be false. Do your homework.A credit counselor will sit down with you and go over your income and expenses. He or she will examine your spending and look for ways to cut back on non-essential expenses to help balance the budget.The counselor will also suggest ways to help keep you within your budget as you move forward. For some folks, this is all that is needed. If this is you, congratulations! You are part of a small, but fortunate, group who will be just fine with just a little sacrifice and some spending adjustments. I am a certified credit counselor, and I can tell you if this is what you need. 		
																														
					Debt Management Plans				
		For more serious debt problems, a debt management plan may be helpful. In these plans, the company you hire will contact your creditors for you, and try to negotiate a lower interest rate, better payment terms, or even get the creditor to forgive some of the debt.Note that when that happens, you end up having to pay tax to the IRS and State for the amount forgiven, just as if it were income you earned. The plan representatives are supposed to tell you this, but I know that they often do not.These plans are entirely voluntary, and no creditor can be forced to participate. Some will not, some will. I have never seen a situation where the management plan was able to get all of the creditors to participate, so you end up with partial relief, at best.So long as you make your payment to the debt management company on time and don’t incur any new debt - you may be able to pay off your debts, at least the ones that will participate, in a shorter time than you would otherwise.A debt management plan will cause your credit score to drop, and there is a special code used to identify consumer debts placed in these plans.IMPORTANT! There are many scam debt management programs.Many of these programs don’t work, based on my experience. Sadly, many people come to me after they get sued, while they are in one of these programs. I nearly always find that they should never have been in one of these programs to begin with!This just proves that they did not have all their options explained to them from the start. They were “sold” the only service that the debt management company had to sell.If you need one of these programs, I can guide you to a reputable company to help you, one with a proven track record. (I have no affiliation with them, I just know who is a “straight-shooter” and will be honest with you.)		
					Debt Settlement				
		This is sort of a game of “chicken” with your creditors. Dangerous. You are essentially “daring your creditors” to sue you and betting that they won’t. The idea here is to withhold all payment from creditors and try to force them into taking less, in a lump sum payment, for the debt you owe.In the typical debt settlement program, you are required to make monthly payments to the settlement company, and they hold your payments and negotiate with the creditors. After you have paid them enough to settle with a creditor, perhaps for 80% of what you owe, they will make the payment in lump sum and the other 20% will be forgiven and written off as a bad debt.You will get a 1099 C for income taxes at the end of the year. The IRS will treat the amount written off as if it were income to you and you will pay tax on that amount. So the actual savings is always less than the amount the settlement company negotiates.Sadly, for those who later end up filing bankruptcy, the debt which would have been discharged with no tax penalty results in a tax burden that cannot be wiped out in bankruptcy. This is a pretty risky game.Some creditors won’t settle. Instead, they quickly turn your debt over to a collection attorney, and you get sued. The debt settlement company, because they are not attorneys, cannot help you when you get sued. They cannot do anything for you, except to tell you to seek the help of a bankruptcy attorney.Debt settlement does work – in the right situations. But not many people have the right situation for this option. I am a certified debt specialist and have seen many of these cases. If this is the best option for you, I will tell you, in detail, how they work and what you can expect.		
					Summary of Non-Bankruptcy Options				
		Non-bankruptcy options work. This a thriving, even cut-throat business, fueled by promises of debt relief that doesn’t require you to file for bankruptcy.When they work, they are sometimes better than bankruptcy, but often the result is worse for your credit, the recovery time is sometimes years longer, and, surprisingly, the effect on your credit is actually worse than if you had filed a bankruptcy, and started over.Fear of bankruptcy, especially fear of having bad credit because of filing bankruptcy, is one of the main reasons consumers choose debt management plans. Before you can feel confident that a debt management plan is right for you, you need to compare it to your options in bankruptcy.Because this obviously involves legal advice, you cannot get this comparative analysis from the debt management salesperson. You have to get it from an attorney. The problem with this is that bankruptcy attorneys are not certified debt specialists. You have a problem.Because I am both a certified debt specialist, certified credit counselor and also a board certified consumer bankruptcy specialist, I can help you compare these options so you can feel confident that you know, for sure, everything necessary to make the right choice.Call Richard West Law Office at 937-748-1749 to further discuss your non-bankruptcy options in a free consultation. 		
																														
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		Address: 120 W 2nd St #1501, Dayton, OH 45402		
					Ready? Get on the Road to Financial Recovery				
		We are open now for remote filing and remote consultations. All consultations are free, and there is no catch. We only work with clients who want to work with us. Nothing high-pressure. We look forward to assisting you.		
					
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### Keep Pets in Bankruptcy

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			How to Keep Your Pets in Bankruptcy		
		A bankruptcy exemption protects your property. But what about your pets? Will you lose your pet in bankruptcy? Almost never. Most people keep pets in bankruptcy. But you need to know a few things about this subject. You’ll feel better knowing you won’t lose your pet if you file bankruptcy.Ohio’s exemptions cover pets as “animals held primarily for personal, family or household use.” This probably describes your typical pets in most cases. Yet, there are a few issues to watch out for. Ohio’s exemption laws can be found at ORC 2329.66.		
																										
			How Could You Lose a Pet in Bankruptcy?		
		Dogs and cats you get from a friend, or the pound, or you buy outright, are considered household pets and are protected by Ohio exemptions, up to a point. Expensive pure-bread specialty animals having a high resale value should be discussed with experienced bankruptcy counsel before filing.If an animal has a high market value, it might be a problem in chapter 7. The household goods exemption applies to personal pets, but a high market value animal might be considered a business asset. The pet may be worth more than $600. The trustee may want some evidence of value.For example, a dog might be AKC (American Kennel Club) registered. The dog might be used for breeding or show. Although normally not an issue, we become very attached to our pets. We consider them part of our family. (I even have an office cat!)		
        Looking for More Articles on Bankruptcy?Looking for more insight and articles on Bankruptcy? Head over to the Bankruptcy Learning Center for more information.Visit the Bankruptcy Learning Center	
			Pets We Finance		
		Even if the pet is not used for breeding or show, it may be an expensive pet. Today, we see more expensive pets financed. A number of my clients financed the purchase of an expensive dog (no cats yet). They want to know if they will keep the pet in bankruptcy.Pets which we finance are often subject to a “purchase money security interest.” This means that your pet constitutes “security” for the money loaned for the purchase. And, if not paid, the creditor can legally take the collateral. What? Take my family dog? Yes, legally, that could happen.Does it ever happen? I’ve not seen it yet. A few cases across the country deal with this topic. Most attorneys agree that, legally, the creditor can take the pet unless you reaffirm in a chapter 7 or schedule payment as a secured debt in a chapter 13.		
			We Keep Pets in Bankruptcy		
		Keeping your pet in bankruptcy is almost a given. Yet, we see more pets financed, and these issues need careful attention. So, when considering different debt relief options, we leave no stone un-turned, and this means thinking about your pets, as well.As a result, in the several cases I have had with financed pets, in both chapter 7 and chapter 13, we have not had a single problem keeping the pets. We have kept 100% of these pets for our clients.		
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### End License Suspension with Bankruptcy

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			How Filing for Bankruptcy Can End a License Suspension 		
			2 Ways to End License Suspension with Bankruptcy		
		When your driver's licenses is under suspension, it can be very expensive to get legal. Discharge judgments from accidents and reinstatement fees with bankruptcy. We can get you cleared for license re-issuance the same day.You can end license suspension with bankruptcy and drive legally again.We all know that a driver's license is a necessity. If you've been in an accident without insurance, you might be under a judgment suspension. Whether you are found at fault or not, lack of insurance can end up with your license suspended, and the insurance company knows they have the upper hand. You can turn the tables on them.  You can end license suspension with bankruptcy.Other than accidents, Ohio suspends your license for many reason.  Ohio has over 66 different kinds of license suspensions! If you are found guilty of traffic offenses, not just DUI, but even repeated speeding tickets can cost you your right to drive. Refusing a BAC test, driving without valid insurance, even failure to pay child support, or even a parking ticket, can result in a license suspension.		
																										
			Bankruptcy Discharges Unpaid Judgments		
		If you were in an accident without insurance, the insurance company will often demand more than you can afford. If you can strike a deal with them, you still have to pay a reinstatement fee to the bureau of motor vehicles. Sometimes the reinstatement fees are more than you can afford as well. Like the insurance company, the BMV might offer you a payment plan as well. Don’t forget that you will need to file an SR-22 bond in order to drive legally.All of this could cost more than you can afford. But driving without a license can land you in jail, or, at the very least, cost you in finds and penalties, add points to your license, and of course, increase the reinstatement fees.When you can’t drive, you can’t work. Without your employment income you have no hope of paying the insurance company, the courts, the BMV and pay for insurance. Without a legal driver’s license, you are dead in the water.In most cases, you can discharge all of this debt in bankruptcy. Bankruptcy can end your license suspension by wiping out your insurance judgment, and the reinstatement fees. You’ll probably need to re-test and file the SR-22, but that’s a lot cheaper, and faster, than trying to get the insurance company to agree to a plan you can afford.		
        Looking for More Articles on Bankruptcy?Looking for more insight and articles on Bankruptcy? Head over to the Bankruptcy Learning Center for more information.Visit the Bankruptcy Learning Center	
			Not all Judgments Discharged		
		Does bankruptcy discharge all types of accident judgments? No. If you caused an accident and were under the influence of drugs or alcohol, the damages will not be discharged. However, you can make payments in a Chapter 13, and this can clear you for license re-issuance and end license suspension with bankruptcy.However, if you were only convicted of DUI and there was no accident, then the reinstatement fee is discharged. The reinstatement fee for a first offender in Ohio is $475.When we file your case, either in Chapter 7 or 13, we will give you the paperwork you need to start the process to end license suspension with bankruptcy. We’ve helped hundreds of our clients wipe out accident judgments, and discharge reinstatement fees, and end license suspension with bankruptcy.Don’t risk driving without a license. Bankruptcy can terminate your license suspension and wipe out all your other debts as well.You can end license suspension with bankruptcy.		
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### Your Credit after Bankruptcy

Your Credit After Bankruptcy				
		Most people believe bankruptcy hurts credit for a long time, up to 10 years. They’re right – and they’re wrong. Here’s why.		
					Recovering Your Credit After Bankruptcy				
		Credit after bankruptcy depends on what you do to rebuild it after bankruptcy. If you have a proven program to guide you through the steps you need to take, telling you what to do, how to do it, and when to do it, you can recover your credit amazingly fast. Call (937) 233-3101 for a free credit consultation today. 		
					How Fast Can You Recover Credit After Bankruptcy?				
		My clients typically achieve credit scores of 650 – 700 within one year of their Chapter 7 discharge with my credit recovery program. This is a true FICO score, not the Vantage score you get on Credit Karma and other “free credit score” websites. My Chapter 13 clients usually achieve these scores even before they have completed their plan.So why does everyone believe that bankruptcy hurts your credit? Because it often does work that way. Why? Because almost nobody who files for bankruptcy knows what to do after their case is over to rebuild their credit score.But there is a way to rapidly recover credit after discharging your debt in bankruptcy. And, it’s not hard to do. I teach my clients how to get good credit after discharging their debts in bankruptcy.		
																														
					Here’s The Secret to Recover Credit After Bankruptcy				
		Other bankruptcy attorneys just practice bankruptcy law. They are not certified credit counselors like I am. They have not been taught how to help their clients with their credit. That’s not part of bankruptcy law. It’s credit recovery, and it’s not taught in law school.I’ve spoken to a number of people who have been represented by and had consultations with other attorneys. Without exception, they tell me that no bankruptcy attorney they spoke with offered any help or guidance to rebuild their credit or teach them how to read their credit report.If you are to finish the job of achieving financial stability, that bankruptcy starts, you MUST have a proven program that shows you, step by step, how to do all three of these steps:		
							
							
										How to Rebuild Your Credit
									
								
										How to Review Your Credit Report to Spot Errors that Hurt Your Score
									
								
										How to Effectively Dispute Errors Once You Spot Them
									
						
		If you are missing any of these three critical elements, you will not recover your credit after bankruptcy in the most effective way possible. Let’s look at each of the three steps.		
					How to Rebuild Credit After Bankruptcy				
		The first step involves obtaining new credit. There is definitely a right way and several wrong ways to do this. Timing is everything. Also, knowing “good credit” from “bad credit” is essential.Over the last 20 years, I’ve tried and tested many different approaches to getting credit after bankruptcy and have found several very safe and effective ways to establish new credit without risking getting back into debt.The next step is to learn how to quickly and easily review your credit report for errors that hurt your score. Most people report to me that they really don’t understand their credit report. They look at their score, but don’t understand the information in the report. It just looks like a bunch of numbers, they tell me. Don’t worry, it’s not hard. With a little help, this becomes a simple task.                                                             It’s important to know what to look at and what to ignore. It is very common to spot errors on credit reports. But not all errors affect your score. Some do, some don’t. You only need to be concerned about the ones that can lower your score. (Some errors actually help your score!) My course teaches you how to spot errors that need to be corrected. This leads to the next step.Finally, you need to know how to dispute errors that lower your score. Knowing this turns a seemingly overwhelming task into one that is simple and manageable. My credit recovery course teaches you the mistakes the credit bureaus try to get you to make in this process, which can cause you to lose valuable legal rights you might need later.		
																														
					Is it Possible to Get Good Credit After Bankruptcy?				
		Absolutely! And, it doesn’t need to take very long. Here are just a few comments from clients who have taken my credit recovery course:		
					Paul W.				
		Reports that he got a credit card with a $500 balance shortly after discharge, and a score of 660. About 18 months after discharge, he got a brand new car with a loan interest rate of 5.9%		
					Phil C. 				
		Shares that after he finished his Chapter 13, he was able to get his score up to 802! He was very focused on his credit recovery, and I would not say his results are typical, but it goes to show what is possible.		
					Vincent D.				
		Called me up to tell me this: "I got a 700+ credit score! I’ve never had anything like that in my life! He says, “I just thought it was just fantastic, that program. So, I'm glad that was included in the bankruptcy, and everything was well worth it. And whoever ignores it is doing themselves a disservice. Because I never thought a year after bankruptcy I would be in this position. Banks are calling me!”		
					Brandon B.				
		Brandon, who just finished his Chapter 13 a few months ago, called in to report that he and his wife have scores over 700. They just got a new car loan with Wright Patt under 4%. The bankruptcy and the credit recovery course has been a god-send.These are just a few of our clients who “finished the job that bankruptcy started” and got good credit. With the program we provide, they will continue to monitor their credit, and ensure that their scores are always as high as they can be, because they know how to easily spot errors that hurt their score and effectively dispute them.		
					Ready? Get on the Road to Bankruptcy Recovery				
		We are still open for remote filing and remote consultations. All consultations are free, and there is no catch. We only work with clients who want to work with us. Nothing high-pressure. We look forward to assisting you.		
					
														Get A Free Consultation
					
									OR								
										
														Call (937) 748-1749

### Ohio Chapter 13 Bankruptcy Lawyer

Ohio Chapter 13 Bankruptcy Attorney				
		Financial strain can take its toll on anyone, especially those living in Ohio. If you are falling deeper into debt, Chapter 13 Bankruptcy may be your best option.		
					How Does Chapter 13 Bankruptcy Work?				
		Chapter 13 is the most powerful and misunderstood debt relief option. To understand how Chapter 13 works, you must know that it’s a payment plan that might pay back NOTHING to most or all of your creditors.Chapter 13 bankruptcy is more powerful than Chapter 7 bankruptcy in many ways. But Chapter 13 is overlooked by many bankruptcy attorneys and is underutilized by too many consumers.Chapter 13 lets you do things that are not possible in Chapter 7. You can lower your car interest rates, and even pay less than you owe for cars you keep. You can catch up on missed payments for your car and your home.If you owe secured and unsecured debts (think car and credit card) to a credit union, Chapter 13 “breaks cross collateralization” so you can keep your car and not pay the credit card debt.		
																														
					What Does Filing Chapter 13 Do?				
		Chapter 13 allows you to restructure your debt into a 3 to 5-year payment plan. Some plans must be 5 years long, others can be from 3 to 5 years.You can keep your current vehicle, and possibly pay less for it than you would pay if you reaffirmed it in a Chapter 7. At the end of the plan, your car debt is gone, and all your other debt is wiped out, with few exceptions.In Chapter 13, the amount you pay to your creditors depends on a number of factors, but my Chapter 13 bankruptcy plans typically pay only 1% to the unsecured creditors. That’s almost like a Chapter 7, which pays 0%.Sometimes the plan pays more, however. To understand how a Chapter 13 bankruptcy works for your payment, you start with your income.If you are fortunate enough to have enough income to pay more than 1%, according to a federal law formula, then you might pay 5%, or 10%. Occasionally, plans pay a lot more, but that is seldom seen. Most plans pay a few pennies on the dollar. That’s all.The main reason people file Chapter 13 is to catch up on missed car and house payments. Chapter 7 can’t help you with missed payments.Creditors can refuse to allow you to reaffirm in Chapter 7 if you are behind. But creditors can’t stop your Chapter 13 payment plan. They have to accept your late payments, and they have to allow you to keep your car and your home.		
					How Chapter 13 Bankruptcy Plans Work				
		Chapter 13 payment plans are administered by a trustee, but the trustee does not monitor your bank account or “look over your shoulder.” Our Dayton Chapter 13 trustee is John Jansing, who does an excellent job helping us keep our client’s cases on track. Once your case is filed in the Dayton Bankruptcy Court, John will review it to make sure it is completed properly.Your payments to the trustee can be made by payroll deduction, but I often ask for, and usually can get, a bank account withdrawal approved, so your employer does not get involved.During the plan, you will make your payments regularly, and each year you will submit your tax return to the trustee. The trustee is looking for two things. First, did you get a refund of over $3,000 (or more, if you get earned income credit)? Second, has your income increased significantly since your case was filed?Plan payments usually don’t increase, but it’s possible if your income increases. But, this is the “problem” we like to see! And, we try to adjust our withholding so we never have to give up any of our tax refunds.		
					Life During Chapter 13 in Ohio				
		Because Chapter 13 is a long-term plan, it’s not uncommon for issues to arise that might impact your plan. That’s why you want to use a law office with a large and experienced staff. (Our Ohio office has six full-time paralegals and four full-time attorneys who help make sure we always provide the support our clients need).Most of the time, your Chapter 13 bankruptcy has absolutely no impact on your normal life activities. You can go on vacation, change jobs, move to another state, get credit cards, and even buy a house while you are in an active Chapter 13 bankruptcy case. There are very few restrictions.Your creditors cannot call you, sue, or even send you a bill! They are restricted by the control of the bankruptcy court. Life returns to normal for most, and the stress and pressure from financial problems quickly disappear.Because every case has a family budget built into the calculation, many people have more money to cover their monthly living expenses than they had before they filed. Money that used to go to pay unsecured debt is now free to pay for the family’s needs.		
																														
					Is Chapter 13 Worth It?				
		This is a question a lot of people ask. They have heard stories about how hard it is to be successful with a Chapter 13 bankruptcy. And, the truth is that some do find it to be challenging.I’ve been filing Chapter 13 cases for thirty years and have one of the highest success rates in the entire country. I believe that many people who struggle with Chapter 13 do so for two main reasons.People in Chapter 13 often need support from their attorney. The attorney’s guidance and advice can keep a case on track and provide valuable direction to clients, keeping their case on track.We all can agree that sometimes life throws us unexpected challenges. This is true for people filing Chapter 13 bankruptcy, too. And, in a Chapter 13, you don’t have the option to go out and borrow large sums of money. Sometimes this is a problem. But it would also be a problem for anyone NOT filing Chapter 13.Is Chapter 13 worth it? The overwhelming majority of my successful Chapter 13 clients in Ohio would answer with an enthusiastic YES! They keep their homes, sometimes saving them from loss through foreclosure.From Huber Heights and cities north, to Springboro and Miamisburg in the southern part of the Dayton District, our clients report satisfaction with the successful reorganization they achieve with Chapter 13 bankruptcy. They keep their cars, and all their other property as well.They pay back what they can, although often it’s only 1%. It’s still something, and it’s their best effort. It’s all they can afford and this is all the law requires.If you need help determining if Chapter 13 is right for your situation, contact us today for a free Chapter 13 consultation. 		
					What Our Clients Say				
		
					Ready? Get on the Road to Bankruptcy Recovery				
		We are still open for remote filing and remote consultations during the pandemic. All consultations are free and there is no catch. We only work with clients who want to work with us. Nothing high-pressure. We look forward to assisting you.		
					
														Get A Free Consultation
					
									OR								
										
														Call (937) 748-1749

### Chapter 7 Bankruptcy

Ohio Chapter 7 Bankruptcy Attorney				
		Financial strain can take its toll on anyone, especially those living in Ohio. If you are becoming deeper in debt, Bankruptcy Chapter 7 - may be your best option for debt relief.		
		More people file Chapter 7 Bankruptcy than any other form of bankruptcy. It is a powerful and effective tool for personal financial recovery. Most of the negative associations people have about filing this type of bankruptcy are either not true or are grossly overblown. More people should file Chapter 7 than actually do.Don’t believe everything (most) of what you read on the internet about Chapter 7 Bankruptcy. Chapter 7 bankruptcy is a powerful tool but, like any serious financial matter, you need to consult an expert before you make a move.Most people qualify for some kind of bankruptcy relief. In order to qualify for this type of bankruptcy, you must either have income below the median income for your family size, or, if your income is above that limit, you need to pass the means test, or demonstrate “special circumstances.”Source:  https://www.justice.gov/ust/means-testing		
																														
					When to File Chapter 7 Bankruptcy?				
		In over 35 years of practice, I can confidently say that most should file bankruptcy long before they actively start looking into it. Their reasons are many, but mostly unfounded.Most people misunderstand bankruptcy, and fear unpleasant consequences they imagine that will happen to them if they file. So they refuse to even consider the bankruptcy option, until they have no choice.Don’t wait until you experience the many “warning signs of bankruptcy.” As the old saying goes, “If you think you have a problem, then you probably DO have a problem!”  Yet, most people wait until they have exhausted their savings and made poor financial decisions designed to avoid the problems they mistakenly believe bankruptcy will cause them. This is tragic.If you’re experiencing financial stress, don’t wait until you start fighting with loved ones over money and losing sleep. You need to start looking at all options, including Chapter 7, now.		
					Before you File Chapter 7 Bankruptcy				
		Before doing anything, get a good understanding of your finances. When you see a credit counselor, debt management office or attorney, you need a complete list of all your debts and assets. You’ll need to have proof of your income as well. Write all of this down.Keep an open mind. Too many people fail to get the financial recovery they need, and could easily have, because they refuse to consider options with an open mind. They overlook effective tools and strategies because they stubbornly cling to false notions about bankruptcy which, in my experience, often prove to be totally untrue, or would not apply to their situation.Resolve to investigate all options, and get second opinions as needed. It’s a good idea, in most cases, to talk with credit counselors, debt management companies and several attorneys before making any final decision. Most offer free consultations, and most offer telephone consultations.		
					The Pros and Cons of Filing Chapter 7 Bankruptcy				
		Like most things in life, nothing is all good or bad. There are pros and cons in filing Chapter 7 bankruptcy in Ohio. It’s a major financial decision, and one that can change your life for the better in a big, big way.		
					Pros of Chapter 7				
							
							
										You will keep all (or most) of your property
									
								
										It is possible to recover credit quickly if you have the right program.
									
								
										You can keep your car, home and other things you are paying for now.
									
								
										It stops most collections, including lawsuits and garnishment, instantly.
									
						
					Cons of Chapter 7				
							
							
										It will probably keep you from getting a home mortgage for 2 – 3 years.
									
								
										It may cause your credit score to drop, initially, but you can recover quickly.
									
								
										You won’t be able to file another chapter 7 for 8 years.
									
								
										If you make a mistake, you cannot dismiss your case. It’s irreversible.
									
						
					Does This Mean I Should File for Chapter 7?				
		Just because you qualify for Chapter 7 Bankruptcy in Ohio, does not mean it’s the best option for you. Too many people mistakenly believe that Chapter 7 is better than Chapter 13.And too many attorneys fail to adequately weigh the pros and cons of Chapter 13 vs. Chapter 7 with their clients before making a final decision on which chapter to file.As a recognized Ohio Consumer Bankruptcy Specialist, I know that many people who file Chapter 7 would pay less to creditors in a Chapter 13, and their overall financial recovery would have been more complete, if they had instead filed Chapter 13.And, for some, bankruptcy is NOT the best option. As a certified credit counselor, I regularly recommend NOT filing bankruptcy for some clients, either because it would harm them or their family members, or it would result in loss of property or create some other undesirable outcome.		
					Conclusion				
		Due to misunderstanding, many consumers suffer needless financial and personal loss because they fail to consider Chapter 7.Chapter 7 Bankruptcy is a powerful tool for financial recovery. More people should file Chapter 7 than do. And, many people who file Chapter 7 recover their credit very quickly, and achieve lasting financial success.Bankruptcy is not an indication of personal failure. Henry Ford and Walt Disney filed bankruptcy, among many famous people. If you are suffering financial stress, you should carefully evaluate all options, including Chapter 7, and then take action.		
					What Debts are Discharged in Chapter 7?				
		Chapter 7 will discharge most of your debts. You often want to keep some debts, like your car and your home. Bankruptcy will wipe out medical bills, credit cards, personal loans and similar debts.		
					Dischargeable Debts				
		These are some of the common debts that maybe discharged under Chapter 7 Bankruptcy in Ohio:		
							
							
										Medical Bills
									
								
										Credit Card Debt
									
								
										Unsecured Debt
									
								
										Utility Bills
									
								
										Dishonored Checks
									
								
										Money Owed Under Lease Agreements (Past Due Rent)
									
								
										Social Security Overpayments
									
								
										Veteran Assistance Loans
									
						
					Non-Dischargeable Debts				
		These are some of the common debts that can not be discharged under Chapter 7 Bankruptcy in Ohio:		
							
							
										Student Loans
									
								
										Child Support
									
								
										Alimony
									
								
										Court Fines and Penalties
									
								
										Taxes
									
								
										Homeowners Association Fees
									
								
										Personal Injury Involving DUI
									
						
					What Happens When You File Bankruptcy in Ohio?				
					Once you file, you can’t back out! (BEWARE)				
		Filing a Chapter 7 Bankruptcy commits your assets to the bankruptcy system irreversibly. This is important, because it means that if you, or your attorney, makes a mistake, you can’t dismiss the case. You’re stuck.See: https://www.abi.org/member-resources/blog/a-debtor-may-not-necessarily-have-his-chapter-7-case-dismissedRegularly, I see assets lost because of a failure to properly detect a problem in a case. For example, not checking a lien date on a car purchased before filing could cause you to lose the car.Failing to investigate and properly analyze seemingly small details can result in huge losses for Chapter 7 filers. That’s why it’s so dangerous to try to file without an experienced specialist. Bankruptcy is a specialty practice, not appropriate for general practice lawyers or novices. The U.S. Courts website advises against trying to file without an attorney. https://www.uscourts.gov/services-forms/bankruptcy/filing-without-attorney		
					 Prior filings				
		If you have filed a prior Chapter 7 in the last 8 years, you are not eligible to get a discharge in Chapter 7. The date to focus on is the filing date, not the discharge date. If you have filed a previous Chapter 13, the look-back period is 6 years.		
																														
					How to Prepare for a Chapter 7 in Ohio				
					Chapter 7 Checklist				
					Prior to Filing for Chapter 7				
					What you will need to file Chapter 7				
							
							
										An approved form of Identification
									
								
										Proof of Social Security #
									
								
										A number of documents are required, tax returns, income proof, etc.
									
								
										Provide complete & accurate information for petition
									
						
					Post Filing for Chapter 7				
					What to do after filing for Chapter 7				
							
							
										Complete the financial management course
									
								
										Prepare for your 341 meeting of creditors
									
								
										Attend your 341 meeting of creditors.
									
								
										Our Clients begin our unique credit recovery course
									
								
										Our program typically gets 650 - 799 FICO in a year!
									
						
					Chapter 7 Bankruptcy Timeline				
							
							Petition Prep 						
											
												Petition Prep 											
									Complete the PetitionFirst, you will need to complete the petition. This is a long legal document best completed by your attorney, because getting it wrong can create serious, sometimes irreversible problems for you.								
										
							Upon Filing						
											
												Upon Filing											
									Automatic StayAfter the petition is completed, it is filed with the court, and your creditors are notified. Of the filing. The Automatic Stay is instantly created when your case is filed, stopping nearly all collection actions against you.								
										
							Fifth Week						
											
												Fifth Week											
									341 Meeting of CreditorsAfter the petition is filed with the court, and your creditors are notified, you and we will meet with a bankruptcy trustee.  The trustee reviews the petition and documents and you will confirm that the information is true and complete.  These meetings are brief, generally lasting only 5 - 10 minutes. 								
										
							3rd Month						
											
												3rd Month											
									DischargeAbout 3 months after the 341 meeting, you will receive a one page “discharge” document, indicating that all your dischargeable debts are discharged. The case is closed within a few weeks of the discharge, in most cases.								
										
							Next 12 Months						
											
												Next 12 Months											
									Credit Rebuilding ProcessAt West Law Office, our 12 month program  helps you rebuild credit, step by step, so you will get a full financial recovery. Not just a discharge of debt. Typical results are FICO scores of 650 – 700 within one year of the discharge.								
										
						
					Ready? Get on the Road to Bankruptcy Recovery				
		We are still open for remote filing and remote consultations during the pandemic. All consultations are free and there is no catch. We only work with clients who want to work with us. Nothing high-pressure. We look forward to assisting you.		
					
														Get A Free Consultation
					
									OR								
										
														Call (937) 748-1749

### Help For Your Financial Situation

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					Help For Your Financial Situation				
					Get A Fresh Start				
					Evaluate Your Situation - For FREE				
		Whether you are just concerned and want more information, feel like your finances are heading for trouble, or you have a true financial emergency, you’ve come to the right place.Since 1986, over 30,000 families have trusted Richard West Law Office to help them wipe out debt, keep their property, and rebuild their credit.Call us today at 937-748-1749 for a free financial evaluation. 		
					Find Your Solution Here, Right Now!				
		The number one most dangerous mistakes to avoid before filing bankruptcy is making preferential transfers. “What the heck is a preferential transfer?” you ask. This is “legalease” for paying money to, or for the benefit of “insiders.”To get started, just choose the description that best describes your personal situation. This takes you to the information most people in your position have found helpful. You’ll get the answers to your questions and solutions to your problems.		
									I am Just Getting Started
									I Have Serious Debt
									It's an Emergency. I Need Help Now
									I am Just Getting Started
					Concerned & Looking for InformationMost people have more options than they know. And when they learn that they have more options, they get confused about which one to choose.But it’s not that difficult. Here’s how to do it.1. Identify all options that could apply to your situation. Not all will, but you will normally have several that you could choose from.2. Evaluate the ones that you could use. Compare against each other.3. Choose the top one or two that make sense, and seek a free consultation for more info.This simple, 1 – 2 – 3 approach breaks down the complicated problem into easy-to-do steps.Let’s begin.Most people have more financial solution options than they are aware of. In fact, there are at least SIX options you need to know about.Six OptionsThere are six main considerations for debt relief, and advanced strategies that combine several of them for a highly customized solution. Knowing these financial solutions will help you understand what you can do.Three Non-Bankruptcy Options:1. Credit CounselingCredit counseling is probably the most common (and least powerful) debt relief program. It can be effective if your debts are not seriously out of control, and you just need some help creating a budget or controlling your spending.A credit counselor reviews your income and expenses with you and looks for ways to cut out your non-essential expenses. It’s not really debt reduction, but it is expense reduction. But, for some folks, this is all that is needed.2. Debt Management PlansThis is the program you see plastered all over television and the internet. DMPs promise to get you out of debt in a short time without filing bankruptcy. These programs can be effective, depending on the amount and kinds of debt you have. They are not for everyone, and can get you sued.DMPs will attempt to negotiate a lower interest rate, better payment terms, or even possibly (but rarely) get the creditor to forgive some of the debt. You end up paying taxes on any debt forgiven, so the “amount saved” is less than it appears.DMPs are entirely voluntary – creditors sometimes refuse to participate. These plans will lower your credit score, because you are “not paying as agreed” but if you have the right kind of debts, and if you don’t owe too much, a DMP may work for you.IMPORTANT! Many DMPs are just scams. They take your money and do little or nothing. Then you get sued. Be extremely cautious when hiring one of these companies.3. Debt SettlementThe debt settlement model is more extreme (and dangerous) than a DMP. In a debt settlement program, you hire a company and start paying them, not your creditors. Your credit score drops like a rock, as you get further and further behind in your paymentsYour debts will go to collections, and that’s when the debt settlement process begins. The money you have paid to the company is used to attempt to negotiate lump sum settlements with your creditors. You pay tax on any debt that is forgiven.Some creditors won’t settle. They sue instead. The debt settlement company can’t help you when you are sued, and will refer you to a bankruptcy attorney. I see a lot of bankruptcy cases result from failed attempts at debt settlement.Two Bankruptcy OptionsBankruptcy is a powerful and effective debt relief tool. More people should file bankruptcy than do because they don’t understand how it works, and how quickly they can rebuild their credit after discharging their debts in bankruptcy.4. Chapter 7More people file Chapter 7 than any other kind of bankruptcy. Although it is referred to as a “liquidation bankruptcy” most of my clients keep everything they want to keep, and get rid of what they want to get rid of, including all their credit card bills, medical bills, and other unsecured debt. They pay for what they want to keep, like their house and vehicles.Some debts cannot be discharged in Chapter 7, like child support, student loans, and most taxes (although older taxes are frequently dischargeable!).Chapter 7 cases are short, about 5 months from beginning to end. You have to list all your creditors, list all your debts, and provide a detailed financial history. You do not appear before a judge. There is a brief trustee meeting where you confirm that the information you put in your bankruptcy petition is complete and correct.Rebuilding credit after Chapter 7 is not hard if you know how. As a certified credit counselor, I have created a very effective program to help my clients recover their credit quickly after discharging their debt in Chapter 7. Typically, my clients get credit scores of 650 – 700 within one year of their discharge.5. Chapter 13Chapter 13 is the most powerful, and most misunderstood debt relief program we have. Many attorneys do not fully understand what can be achieved with Chapter 13.As a result, Chapter 13 is underutilized, and I see many people who file Chapter 7 “leave money on the table” because they should have been advised about their options in Chapter 13.Chapter 13 is a payment program, but seldom does anyone pay all their debt. In most of my Chapter 13 cases, we only pay a single penny on the dollar to unsecured creditors. We catch up on missed payments for property we want to keep, like cars and houses, and wipe out everything else.Most people who qualify for Chapter 7 also qualify for Chapter 13, and should insist that both options be fully explored and evaluated by any professional they visit, so they can make a fully informed decision when comparing the two types of bankruptcy options.The Last Option6. A Final OptionA final option – deliberately decide to refrain from any of the above options. Either permanently or for the time being. You deliberately decide to “not do” something. This is a choice. This is an often overlooked option.Consider this example. Imagine that you’re on Social Security. You have a fixed income, barely enough to get by. Certainly not enough to pay any of your bills. Most creditors cannot garnish your Social Security check. And, if you don’t have any property they can attach, you are “uncollectible.” Even if they sue you and get a judgment against you. Now, this option is not without its price. Creditors can be ruthless and wear you down.They are permitted, by law, to attempt to collect their debt.They can sue you.They can call you. And call you. And call you.They can send you nasty letters.They can make your life miserable.But they can’t take what you don’t have (you want to discuss this with an attorney, though, so you will be sure what is protected and what is not).And they can’t take income that is protected by law.More Advanced StrategiesBecause I’ve been helping people solve debt problems for over 35 years, I’ve learned that sometimes it is best to combine one or more strategies to get the best results.For example, you might lose your job and become uncollectible for a period of time.When you become reemployed and we might pursue a debt settlement program or a debt management program. If that works – then the problem is solved. Depending on circumstances, the amount of debt that you owe, etc., you might try a non-bankruptcy option for a period of time and later realize that it is not getting you out of debt fast enough. At that point in time you’d want to consider pursuing one of the bankruptcy options that might be available to you.There are even “strategies within strategies” I use to preserve even MORE options for my clients.For example, let’s imagine you have an aging parent who you are caring for in your home. Perhaps the parent will be passing away soon, or, perhaps you still have children living with you, struggling to get out on their own and they are just not able to move out yet.In these situations, you may need to keep the home you have for a few more years. We might consider keeping the home in a chapter 13 for 3 or 4 years, and then converting the chapter 13 to a chapter 7, and discharging the entire debt, and you emerge free of that huge mortgage on the upside-down house.This is an advanced strategy which solves multiple problems. As you can see, to get the best results, you have to have the best coach. You need someone who is trained and certified and has years of experience in all of the different debt relief strategies in order to be sure that you have the right formula for getting out of debt.And, there’s even more…Once you are achieving your goal of getting out of debt, there are two additional and very important aspects of your financial health that you need to address.One, you need to rebuild your credit. You may think it’s premature to think about rebuilding credit while you’re in the middle of the debt crisis. However, if you get the right expert on your side you will soon be on your way out of debt. While you are getting out of debt, you need to be rebuilding your credit. Yes, you can do both at the same time, if you know how.Finally, your credit report needs to be professionally reviewed. I teach my clients what to do to rebuild their credit and also how to quickly and effectively review their credit report for errors that affect their score. Some errors do, and some don’t, so it’s important to know the difference.
									I Have Serious Debt
					When you think of your financial problems, do you feel worried? Even a little sick to your stomach? You’re not sure what to do, but you’re sure you need to do something. You’re at the stage where you know you need help, but don’t know what kind of help or where to get it.To get the solution you need, just take our “crash course” in debt relief options. To solve serious debt problems, you can zero in on just two kinds of solutions. It won’t take you long to review them and get feel for if you need bankruptcy or if a non-bankruptcy program will work for you.Two Main Options for Serious Debt ProblemsNon-Bankruptcy Programs.Debt Management Program.You cannot watch television or surf the net without seeing advertisements for debt management plans.These plans promise to wipe out your debt in a short time without filing bankruptcy. Not for everyone, though, because their effectiveness depends on many things. Individual results vary widely, depending on the amount and kinds of debt you have. They do not work for everyone. When they fail, you are often sued by your creditors.With a DMP, you try to negotiate lower interest rates, better payment terms, or even possibly some debt forgiveness. Remember that you always pay taxes on any debt forgiven.And, because DMPs are totally voluntary, some of your creditors won’t go along with them. And, these plans lower your credit score, because you are behind while in these plans. However, if you have the right kind of debts, and if you don’t owe too much, this may be worth checking into.Warning! I’ve seen many DMPs turn out to be scams that take your money and leave you hanging out to dry. They perform no service, and then disappear. Then you get sued. You need to check them out and read your contract before getting involved with one of these.Debt Arbitration or Debt SettlementWith the debt settlement model, you hire a company and start paying them instead of your creditors. Your credit score will drop, sometimes more than 100 points, as you get further and further behind in your payments.Making no payment on your debt results in your accounts being sent to collections. This is the desired result in debt settlement, because it is easier to make a settlement with a collector than it is the original creditor. My clients tell me they find the entire process unnerving.Obviously, not all of your creditors will play this game. Some won’t settle. They sue you. Then you have not only the debt, but the law suit on your credit report. When one creditor sues, others often follow.A debt settlement company is not a law firm. They cannot represent you in court when you’re sued. All they can do is refer you to an attorney. Then, in many cases I see, we discover that the client should never have been in the program in the first place, because bankruptcy was the best choice all along.Bankruptcy SolutionsChapter 7Chapter 7 is the most popular bankruptcy chapter for good reason. This is the fastest way to wipe out debt, keep your property and quickly rebuild your credit.When done right, and followed by the proper credit recovery program (which is NOT part of bankruptcy – so no attorneys I know of provide this program but West Law Office) it can be the most effective debt relief program for you.Don’t be misled by what you read on the internet about chapter 7. Even though it is referred to as a “liquidation bankruptcy” you will usually keep all your property. If it is “secured” like your house or car, you will continue to pay those debts.Most debts are discharged in chapter 7, but some debts cannot be discharged. Examples of non-discharged debts include child support, student loans and most taxes (although some older taxes are dischargeable!).Chapter 7 cases only last 5 months. There is no court hearing, just a meeting with a trustee. You’ll fill out a very long questionnaire for your attorney and provide a comprehensive list of documents. Your attorney is responsible for making sure you don’t have any issues or problems which would cause you to lose property or have your case dismissed.This is important, so you should consult a board certified specialist to ensure your case is properly handled.Chapter  13Chapter 13 is the most powerful, yet the most misunderstood bankruptcy chapter.Chapter 13 offers more options than chapter 7 and you could actually pay less for property you keep if you file chapter 13 instead of chapter 7. Sadly, many attorneys will only consider chapter 7 if their client qualifies for chapter 7. That’s why it’s important for you to compare both options before you make a final choice about which chapter to file.You do not pay back all your debt in chapter 13 in most cases. Although chapter 13 is a payment plan, these plans may only pay a single cent on the dollar to your unsecured creditors. It’s actually very close to a chapter 7 in this regard.Chapter 13 is a good choice for catching up on missed payments for property you want to keep, like cars and houses, and lets you wipe out everything else for virtually no payment at all.Remember, if you qualify for chapter 7, you probably also qualify for chapter 13. It’s very important that you be sure to compare both options. To make sure you have the best option for your situation, only consult with a firm that specializes in bankruptcy and files both chapters regularly.SummaryIf you can afford to pay off 80% of your debt in the next 3 years, then you may want to try a debt management or debt settlement program. If you don’t truly think your situation is that serious, these programs can be effective, although in my experience it will hurt your credit for much longer than if you file bankruptcy and immediately begin to rebuild your credit after discharging your debt.If your debt problems are more serious, or if you just want a faster financial recovery, bankruptcy offers a more powerful option. My clients find that their finances, and credit score, recover much more rapidly with the bankruptcy option.This is because, in my office, we combine debt discharge with a proven program to rebuild your credit and clean up your credit report as part of your overall financial recovery plan.
									It's an Emergency. I Need Help Now
					Serious money problems will paralyze you – make you feel overwhelmed and confused so you don’t know what to do.  If you have problems this bad, you probably need to look into filing bankruptcy. And you need the best advice and counsel to make sure you get the right solution.Don’t rush into anything. Do some reading, and learn the basics. That way you’ll have a better understanding.  Then get an expert to help you wipe out your debt, keep your property, and rebuild your credit. Read the reviews, find out what actual clients say about their own cases.Serious problems demand serious solutions. Bankruptcy is often referred to as the “last resort” to be tried only after you have tried, and failed, all other options. But . . .This is really, really bad advice.Think about this a second. If your doctor tells you that you need surgery, are you going to waste your time trying other “less serious” treatment programs? Or, are you going to fix the problem and get on the road to recovery. I know what I would to do. And I wouldn’t waste any time, either. Neither should you.Bankruptcy Basics – how to know which is bestFor serious debt problems, you need to become familiar with chapter 7 and chapter 13, and how they compare against each other.  Although more people file chapter 7 than 13, many of these folks “leave money on the table” because they fail to adequately compare the two options. To make things worse, many attorneys I know will always recommend chapter 7 if you qualify for it – without even comparing the benefits of chapter 13.  Their clients don’t know they could have received a better result in chapter 13.Don’t make this mistake. It could cost you thousands of dollars.If you qualify for chapter 7, you probably also qualify for chapter 13.  You should “do the math” and figure out how much better off you will be if you file chapter 7 and compare it to how much better off you’ll be if you file chapter 13.This is not hard.  It’s like doing your taxes if you’re married.  You do them individually, and then jointly, and see which way you get the best result. Same here.Chapter 7 BankruptcyKey points:Most popular. More people file chapter 7 than chapter 13Won’t lose property. Although referred to as a “liquidation bankruptcy” truth is you generally keep all your property and lose nothing.Faster credit recovery. If you have the proper program, like ours here at West Law Office, it’s possible to recovery your credit after filing chapter 7 very quickly. Our clients generally report credit scores of 650 – 700 within one year of discharge.Takes only about 5 months from beginning to end. Unlike a chapter 13 which is 3 to 5 years.Chapter 7 will totally eliminate most unsecured debts, like credit cards and medical bills.  Personal loans, payday loans, and lawsuits are also wiped out. Debts which are secured, like houses and cars, can be kept in chapter 7, and you continue to pay these debts as if you had not filed bankruptcy.Chapter 13 BankruptcyKey Points:More powerful and flexible than chapter 7. Experienced attorneys can get better results, meaning you pay less, than in a chapter 7 for some clients.Can stop repossession and foreclosure. Unlike chapter 7, where you need to be current on property you want to pay for and keep, the chapter 13 is designed to force your creditors to let you catch up missed payments.Pay less for secured debts, like cars and jewelry. Unlike chapter 7 reaffirmations, where the terms of your contract stay the same, chapter 13 will lower your interest rate to about 5%.  This can save you hundreds of dollars or more.Pay less than what you owe for property you want to keep. If you purchased your car more than 910 days ago, or other secured property more than a year before you file, you only have to pay the value of the property, not what you owe on it.  This can save you thousands of dollars.Chapter 13 is a payment plan, but this doesn’t mean you have to pay all your debts.  Sometimes you pay only 1% of your unsecured debt, and your “payment plan” only pays for things you want to keep, like your car and house.Chapter 13 plans are from 3 to 5 years long.  Many people think this is a negative but if you consider that most of us have car payments that are in that range, it’s easy to see that the chapter 13 is really not any different than just having a car payment. And, since you pay off your car in the case, most  of the time your household budget has more money in it than if you had filed a chapter 7.Comparing Chapter 7 vs Chapter 13One is not better than the other. They are different.  Depending on your unique circumstances and your personal goals, one will normally be better for you than the other.That’s where it really helps to have an experienced specialist listen to your story and goals. Over the last 35 years, I’ve helped over 20,000 people find the right solution to their difficult debt problems. I’ve probably solved the exact problems you have hundreds of times.What to do next… Now that you understand the differences between chapter 7 and 3, and how they compare, you’re ready to get some expert help to create the recovery plan that’s best for you.  It’s not going to be “all new” to you since now you already know the basics. To be successful, remember this… don’t just settle for getting a bankruptcy discharge. That’s only the beginning.  The bankruptcy discharge is often called a fresh start.  But it’s only a start. Only the beginning of what you need for a full financial recovery. You need to finish what you start.  That’s the critical piece that’s missing in other law firms. They don’t have a program like ours to help you get the credit recovery that finishes the job that bankruptcy only starts.At West Law Office, we’ve been helping our clients finish the job that bankruptcy only starts for many years. Our proven program of credit recovery and credit report correction is the key to getting the result that bankruptcy promises, but, by itself, cannot deliver. You’re now ready to take the next step. Contact us for a free consultation and let us design your plan for a full financial recovery. The consultation is free, but the results can be life-changing.
        Are You in the Financial Danger Zone?A free consultation can answer your questionsWherever you are in your journey, we have the information and resources to help you find the right solution for your needs.If you need powerful, professional help to resolve debt problems, keep your property, and rebuild your credit, choose the firm more people in Ohio choose every year, Richard West Law Offices. Ohio's Bankruptcy Authority.Free Consultation

### Bankruptcy Mistakes You Can Avoid

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					Help For Your Situation				
					Bankruptcy Mistakes You Can Avoid				
					Common Bankruptcy Pitfalls to Steer Clear Of				
		You already have a serious problem. You might think it couldn't possibly get worse. Here are some common mistakes people make that DO make their lives worse.Before filing bankruptcy, most of the mistakes that I see people make are understandable, totally legal, and entirely avoidable.They think these things make sense, and most people have no idea that they are creating serious problems which could have been avoided if they took 5 minutes to read this warning.The number one most dangerous mistake to avoid before filing bankruptcy is making preferential transfers. “What the heck is a preferential transfer?” you ask. This is “legalese” for paying money to, or for the benefit of, “insiders.”		
																														
					Preferential Transfer Statute				
		If you pay one creditor more than $600 in the 90 days prior to bankruptcy, the trustee can make the creditor return it to the court. This rule is extended to ONE YEAR for "insiders" like friends and family members. And, there are other "lookback" periods, two, four, and even ten years!Example: Joe became unemployed, and his family loaned him $1,000 to get him through a tough time. Then he/she receives a stimulus check or tax refund. He pays the family member back $1,000. Later, Joe decides that he needs to file Chapter 7 within the following year.His bankruptcy trustee could sue the family member to get the $1,000 back.How do you avoid this? Wait until AFTER filing the bankruptcy to pay the "insider" back.It's ok to owe friends and family, not ok to pay them back in the year before filing.		
        Are you in the financial danger zone?A free consultation can answer your questionsIf your looking for the best answers on how to carve a path to a better financial future, rebuild your credit, and stay out of the danger zone. Then contact Richard West Law Offices for a Free No-Obligation consultation.Free Consultation	
					Don't Put Anything in Someone Else's Name to Avoid Claiming it in Bankruptcy				
		It is NOT a good idea to "get things out of your name" before you file a bankruptcy. This almost always causes serious problems.In fact, transferring property out of your name prior to filing bankruptcy actually works against you. You cannot use your exemptions to protect the property you no longer own.Example: I once had a client who was afraid he would lose his motorcycle if he filed bankruptcy. The motorcycle was worth $5000, and he owned it free and clear. To protect the motorcycle, he transferred it to his brother so that he wouldn't have to claim it as property he owned in the bankruptcy.What he didn't understand was that we are required to disclose all transfers made in the two to four years prior to filing bankruptcy. By transferring the motorcycle, he lost the motorcycle to the trustee!If he had simply left the motorcycle in his name, I could've easily protected it with his bankruptcy exemptions.How do you avoid this? Don't make any transfers at all if you think you might need to file bankruptcy in the next few years.If you do need to make a transfer, consult a bankruptcy specialist BEFORE you make the transfer, since having the proper paperwork prepared could make the difference between a smooth transaction and a safe bankruptcy, or a disaster!Don't make any transfers at all if you think you might need to file bankruptcy in the next few years. If you do need to make a transfer, consult a bankruptcy specialist BEFORE you make the transfer, since having the proper paperwork prepared could make the difference between a smooth transaction, and a safe bankruptcy, and a disaster!		
					Taking Out Loans Prior to Filing Bankruptcy				
		Many people borrow money trying to avoid filing for bankruptcy. It's very common. The timing of a loan related to the filing of a bankruptcy case can result in creditors suing you in your bankruptcy.If a creditor sees a loan taken out shortly before you file bankruptcy, it looks like you intended to defraud the creditor – borrowing with the intent to discharge it in bankruptcy can get you sued. The court could order you to pay it back. You would get no discharge on that debt, or worse, your entire case could be thrown out.Example:Julie's hours were cut, and she started falling behind on her bills. So she took out a personal loan for $5,000 to "catch things up." Shortly after she got the loan and paid some of her bills, she realized this was just a "Band-Aid" and made her situation worse, not better. So, she used the last remaining money left from the loan to file for bankruptcy. The creditor sued her, claiming that she never intended to pay that loan back when she took it out.How do you avoid this? If you have Julie's situation and have already borrowed the money, consult with a bankruptcy specialist. This is a situation that requires careful handling. Depending on your situation, it may be best to pay the remaining money back to the lender or perhaps delay filing your bankruptcy or a time.		
					Balance Transfers Prior to Filing Bankruptcy				
		Bankruptcy trustees usually ask if you have made any balance transfers or taken out any new loans in the 3 to 12 months before you file your bankruptcy. And, of course, they want to know what you did with the money.If you have done this, the trustee may seek to recover balance transfers, and this could hold your case open for months.How do you avoid this? Tell your bankruptcy attorney about any balance transfers or loans you have taken out in the year before you plan to file. This information is needed to properly time your bankruptcy and could avoid unnecessary delays in you getting your discharge and beginning your fresh start.		
					Losing Your Tax Refund in Bankruptcy				
		Your tax refund is a property right that must be listed in your bankruptcy. Often, though, you don't know what your tax refund is going to be until you file your taxes. If your tax refund is partly earned income credit or additional child tax credit, these amounts are not part of your bankruptcy and can't be taken by a trustee, no matter how large they are.Most of the time, however, there is some portion of the tax refund that is not protected. There is no special protection for tax refunds in bankruptcy.But, you have a "wildcard" exemption of $1,325 and a cash exemption of $500 which can be combined to protect your tax refund up to $2,000 ($4,000 for a married joint bankruptcy).Sometimes, people think that if they file their bankruptcy before they receive their tax refund, then they don't have anything to worry about.This is a big mistake. Totally not true.The right to receive a tax refund is something that accrues during the year as you pay your taxes. So, even though you're not able to receive the tax refund until after you file your taxes, the "right to receive" the refund is property of your bankruptcy case.Example: Jeff normally gets a large tax refund, around $8,000. He is single, no children, so none of his refund is protected. He files for bankruptcy at the end of September, ¾ of the way through the year. His attorney neglects to think about this, and Jeff thinks that because he won't get the refund until the following year, his tax refund is safe.Not so. In this example, by filing at the end of September, 75% of Jeff's tax refund, $6,000, belongs to his bankruptcy trustee!In October, the trustee sees the $8,000 refund from last year and instructs Jeff not to spend any of his refund when he files his taxes next year!Because 75% of the refund was earned and owed to Jeff, he filed his case, which now belongs to his bankruptcy. He can only keep whatever his exemptions allow him of the $6,000 that belongs to the trustee.How do you avoid this? Jeff could have started to fix this problem long before he filed his case. If he had first met with his bankruptcy attorney in June, he could have changed his withholding to stop the large refund from ever arising! This is totally legal. I tell my clients every time I see this coming.This way, when the trustee sees the large refund and asks if you expect the same refund, you can say, "No. I changed my withholding, so I'll only get a minimal refund now." And this way, you have a chance to keep it all.		
					Spending Sprees Prior to Filing Bankruptcy				
		We have all seen stories about people who get into serious problems because they ran their credit cards up, maxed them all out, and even took out new ones prior to filing bankruptcy. These stories are sensational and make the news – but are actually extremely rare.In fact, having handled over 20,000 clients in the last 35 years, I can tell you that I have yet to see a single case where someone intentionally runs up a lot of debt with the idea that they will discharge it in bankruptcy.Most of the time, just the opposite is true! I see people go to extraordinary lengths to try to pay their debts. They make personal sacrifices, go without medication, go without food, and drastically cut their expenses to make ends meet.Nevertheless, creditors are always on the lookout for any unusual spending pattern prior to filing bankruptcy. Also, bankruptcy cases are audited by the United States trustee's office, and the United States trustees also look for unusual spending patterns prior to bankruptcy.Example: Once I represented a man who had no insurance. Over the course of several years, he charged over $100,000 on his credit cards to pay for his wife's care. After she passed away, he was forced to file bankruptcy. A large amount of spending was detected by the United States trustee's office, who audited my client. The audit was very detailed and went on for several years.Ultimately, we were able to establish that the spending was necessary under the circumstances in which my client could receive a discharge. So, if you have had to make unusual charges in the year prior to filing bankruptcy, we need to discuss this to get you through to your discharge safely. It's important that we be ready for an audit. All of the facts need to be reviewed and properly disclosed.How do you avoid this? Don't max out credit cards before filing. Don't charge non-essentials, like vacations, or hot tubs, or recreational vehicles before you file. Ask yourself if you would be comfortable telling the Federal Bankruptcy Judge that the purchases were necessary. If you're not comfortable, perhaps you shouldn't do it.		
					Borrowing Money from Credit Unions				
		Credit unions are great and easy to work with. Until they are not. And they're not particularly bankruptcy-friendly. If you are having financial problems, and if you bank with a credit union, it may be tempting to apply for an unsecured loan or a credit card with the credit union.You might also have a car loan with a credit union. Or a credit card.If you think that your situation is serious enough that you may need to consider filing bankruptcy, you should avoid taking out loans with credit unions. The reason for this is that all credit unions cross-collateralize their loans.This means that all of your debts, personal loans, and credit cards are tied to the collateral, frequently your car.Example: You have a car loan with your credit union, and you need to borrow money. You go to the credit union and get what you think is an "unsecured loan." If later you need to file bankruptcy, you will learn that your "unsecured loan" is not really unsecured. The unsecured loan is also secured by your car.So, if you want to keep the car and are filing a Chapter 7, you will have to pay the unsecured loan as well as the car loan. In many cases, this means that it doesn't make financial sense to keep the car because the total debt on the car loan and the unsecured loan will often exceed the value of the car.Credit unions even add the credit card balances that you may have with them to the car loan as well.Debts with credit unions create an unforeseen danger to people with financial difficulties. If you miss a payment on your credit card because of the cross-collateralization, you might find that your car gets repossessed.How do you avoid this? Getting loans from credit unions before filing bankruptcy is a big mistake to avoid if you have any secured debts, like car loans, with that credit union.		
					Borrowing Money from Retirement Plans				
		Another big mistake that people make prior to filing bankruptcy is either taking distributions from their retirement plans or taking loans against their retirement plans to pay the debt. This is rarely a good idea.In almost every situation, your retirement account is completely protected. 100% protected. Creditors can't get to it, and neither can a bankruptcy trustee.If you use your retirement to pay a debt, debt that would be discharged if you file bankruptcy, you are probably making a huge mistake.Here's why:When you take a distribution from your retirement account, you must pay taxes on it and will probably owe a penalty. So now you have created a new debt with the IRS.The money you take out of your retirement account makes your financial future less secure.The debts that you are paying with the money you take out of your retirement account are often dischargeable in bankruptcy. And there is no tax debt created by discharging debts in bankruptcy.Your retirement should never be considered under normal circumstances as a source of funds to pay the debt.		
					Avoid Mistakes Before Filing for Bankruptcy				
					There are Lots of Ways to Screw up Filing for Bankruptcy.				
		This article highlights the problems that I see regularly, frequently, over and over again.All of these problems are avoidable!Before doing anything, you really ought to consult with a bankruptcy attorney to make sure that you don't inadvertently do something that will cause you problems if you do need to file.

### Contact

Contact Richard West Law Office		
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			Offices Locations		
		Our Mailing Address is:195 E Central Ave, Springboro, OH 45066		
			Cincinnati Office		
		700 Walnut St #305 Cincinnati, OH 45202Phone: (513) 214-0003		
			Columbus Office		
		2570 Oakstone Dr #1 Columbus, OH 43231Phone: (614) 300-7111		
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### Bankruptcy Learning Center

Welcome to the Ohio Bankruptcy Learning Center		
		Articles written specifically to give you the answers and information you need.		
																										
			How Bankruptcy Can End a License Suspension		
		Filing for Bankruptcy. Can it end a License Suspension?		
					
							
											
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			How to Keep Your Pets in Bankruptcy.		
		Pets can be lost in bankruptcy. We can show you how to save them.		
					
							
											
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			How to Keep Your Property		
		Most people who file personal bankruptcy want to know how to save their property.		
					
							
											
										Read More
											
									
						
																										
			How to Keep Your Car		
		Having your car repossessed is a nightmare. See how you can save it.		
					
							
											
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			Life After Bankruptcy		
		Most people believe bankruptcy is the end and not the beginning. But life after bankruptcy can be a Fresh Start.		
					
							
											
										Read More
											
									
						
																										
			How You Can Lose Your Retirement		
		You can loose your retirement when filing but we can show you how not too.		
					
							
											
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			Can the Self Employed File Bankruptcy?		
		Being self-employed doesn't mean you can't file for bankruptcy.		
					
							
											
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			Small Business Bankruptcy		
		Small Business Bankruptcy can save your personal finances and keep the doors open.		
					
							
											
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			What is a Bankruptcy Exemption?		
		Bankruptcy exemptions can seem complicated, but we explain them here.		
					
							
											
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			Job Loss and Bankruptcy		
		We discuss what to do when your facing job loss and bankruptcy.		
					
							
											
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			The Pros & Cons Of Filing Bankruptcy.		
		The good and the bad in bankruptcy expalined.		
					
							
											
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			Stop Lawsuits With Bankruptcy		
		Lawsuits can cause stress, anxiety, and fear. But you can stop them by filing for bankruptcy.		
					
							
											
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			The Truth About Bankruptcy		
		Just the cold, hard, facts about bankruptcy from an attorney with over 35 years of experience.		
					
							
											
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			The Downside of Filing Bankruptcy		
		There are downsides in filing bankruptcy. But, what are they exactly?		
					
							
											
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			Is Chapter 7 or Chapter 13 Better?		
		Which is better? Chapter 7 or Chapter 13? That depends.		
					
							
											
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			What Is An Automatic Stay?		
		We go over the automatic stay and what happens when you file.		
					
							
											
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			Cash Advance and Bankruptcy		
		Cash advances are tempting but a word of warning.		
					
							
											
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			Divorce and Bankruptcy		
		What happens if you file and get divorced at the same time?		
					
							
											
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			Divorce and Chapter 7		
		How does Divorce and Chapter 7 work?		
					
							
											
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			Divorce and Chapter 13		
		How does Divorce and Chapter 13 work?		
					
							
											
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			What Does The Bankruptcy Trustee Do?		
		What is a Bankruptcy Trustee and what do they do? 		
					
							
											
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			Liens in Bankruptcy		
		We explain how Leins and Bankruptcy work.		
					
							
											
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			Military Bankruptcy		
		Do you need to file for bankruptcy but are enlisted? Find out how it works.		
					
							
											
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			Payday Loans And Bankruptcy		
		Payday Loans are tempting, but use caution. We explain the danger.		
					
							
											
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			Tax Debt And Bankruptcy		
		Can you eliminate taxes with bankruptcy?		
					
							
											
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			Chapter 7 vs Chapter 13		
		What is the difference between Chapter 7 and Chapter 13? Is one better?		
					
							
											
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			Chapter 13 vs Loan Modification		
		Should you file for Chapter 13 or get a Loan Modification? It depends.		
					
							
											
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			Debt Consolidation vs Bankruptcy		
		Should you consolidate your debt or file for bankruptcy?		
					
							
											
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			Debt Management Plan vs Chapter 13		
		Should you make a Debt Management Plan or File for Chapter 13? It depends.		
					
							
											
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			Divorce Chapter 7 vs Chapter 13		
		Which is better if you are going through a divorce? Chapter 7 or Chapter 13?		
					
							
											
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			Judgment Proof vs Bankruptcy		
		Which is better? Being Judgement Proof or filing for Bankruptcy?		
					
							
											
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			Short Sale vs Bankruptcy		
		We discuss which is better. A Short Sale or claiming bankruptcy.		
					
							
											
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			Bankruptcy Individual vs Joint		
		When claiming bankruptcy is it better to do it individually or do it together, jointly? 		
					
							
											
										Read More

### Bankruptcy Resources



### Locations

Richard West Law Office Locations		
			Our Office Locations		
		Important. Our Mailing address is 195 E Central Ave, Springboro, OH 45066		
						 Cincinnati											
									
					
				700 Walnut St #305
Cincinnati, OH 45202
(513) 214-0003[brb_collection id=”25044″]
					
														Visit Page
					
									OR								
										
														Directions
					
		
						 Columbus											
									
					
				2570 Oakstone Dr. #1
Columbus, OH 43231
(614) 300-7111[brb_collection id=”25046″]					
					
														Visit Page
					
									OR								
										
														Directions
					
		
						 Dayton											
							120 W. Second St. #1501Dayton, Ohio 45402(937) 224-3648[brb_collection id=”25050″]						
						 Huber Heights											
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						 Middletown											
							304 South Breiel Boulevard #100
Middletown, OH 45044
(513) 268-5288
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						 Reynoldsburg											
							1604 Lancaster Avenue #B
Reynoldsburg, Ohio 43068
(614) 852-4488
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						 Sharonville											
							4 Triangle Park Dr. Ste 400
Sharonville, OH 45246(513) 729-9760 
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Springboro, OH 45066(937) 748-1749
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			Our service area includes the entire State of Ohio		
		We can help you file for bankruptcy anywhere in the State of Ohio. No office visit is required. Just a phone call or a video call for an intake and you will be well on your way to becoming Debt Free in Ohio.

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				Utility Bills and Bankruptcy			
				
			June 3, 2021		
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			Can Bankruptcy Stop Utilities from Being Shut-Off? The average household in southern Ohio spends well over $3000 per year on utilities. When you’re in financial …
					
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				How to File Bankruptcy Yourself			
				
			June 1, 2021		
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			How to file bankruptcy yourself is a common question. Even people I see in my own consultations sometimes ask if it’s a good idea to …
					
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			April 24, 2021		
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			If you’re facing eviction, bankruptcy may be a part of your recovery plan. A Federal Judge in Ohio has ruled that the CDC  has exceeded …
					
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				Will the Bankruptcy Trustee take my 2021 Stimulus Check?			
				
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				Can Bill Collectors Take your $1,400 COVID-19 Relief Check?			
				
			March 14, 2021		
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					Richard West Law Office				
		Richard West is an attorney in Ohio with a focus in consumer bankruptcies. He helps people file for bankruptcy under Title 11.US Bankruptcy Code. He has successfully helped over 30,000 families wipe out debt, keep their property and rebuild credit since 1986.  He is a board certified attorney and arbitrator.		
							
							
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		The one thing our clients agree on is that our firm cares for your financial problems, because I've been where you are right now... we know what you are going through and how you feel.We are here to help you get a fresh start by wiping out debt, helping you keep your property, and rebuilding your credit. As a an attorney, I know what you need, because I have created a program for myself when I was in your situation. When medical bills and injury wiped me out, I built a financial recovery program, first for myself, then secondly to meet the individual needs of my clients. It has proven to be amazingly effective. Thousands of clients have been through this amazing program and made the recovery to have good credit.		
					Chapter 7				
		Our clients no longer have to struggle with the crushing burden of debt. If you work with us, we can wipe out your debts by filing a Chapter 7 Bankruptcy and we will help rebuild your finances so that you're able to focus on other things, like saving money for children's futures or retirement.In addition, most of our clients find they are able to get back their good credit much sooner than anticipated!Having recently gone through bankruptcy proceedings, you may be concerned about how to rebuild your credit. Our Ohio bankruptcy attorneys know that this process takes time and patience. However, together, we can develop a plan for rebuilding your future financial stability.		
					Chapter 13				
		When you file for a Chapter 13 Bankruptcy, we work with you to come up with an appropriate repayment plan that will allow you to pay your past due amounts and back payments over time. For example, if your home is in foreclosure or the landlord won't agree on a reasonable payment arrangement (or they are threatening eviction), our team can help determine what needs to be done to prevent the loss of your home.Chapter 13 bankruptcy can be a way to erase past due tax debts if they cannot be resolved directly with the IRS or Ohio State.We have helped our clients by saving their homes and cars. Unlike debt settlement (which creditors don't always accept), Chapter 13 is binding as long as your plan satisfies the Bankruptcy Code requirements and it's approved by the court!		
					
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### Don't Pay Your Bills

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			What to do if you can’t pay your bills.		
		Don’t pay your bills.That’s right.I’m telling you not to pay your bills.		
		Who else tells you not to pay your bills?The Federal Government.In fact, there is a presumption that you shouldn’t pay your bills – if your income is at or below the average income for your family size.  If this is you – then there is no presumption that you should be in any kind of a payment plan.  You don’t even have to do the “means test” to see if you should pay a portion of your bills.It’s that simple and straightforward.$83,515 for a family of 4 is average, or median income in Ohio.If your family of 4  income is this or less, then you are presumed to qualify for chapter 7.That’s the kind of bankruptcy where you don’t pay your unsecured creditors.What’s your income?  Read on…  even if you make more, there’s more to know.Who tells you to pay your bills?The people who profit from your payments.The credit card companies, especially.Charging an average of about 16% interest. (average according to credit cards.com)Most of the credit card bills my clients bring me have higher rates than this.Most of my clients make less than median and are struggling to keep up.They scrape by trying to pay credit card bills but mostly they pay interest.Where will they be a year from now?Pretty much right where they started.  🙁Their debt will be about the same, too, since they will need to use their credit cards for living expenses from time to time, so their balances just never seem to go down.All the money they pay . . . most of it goes to interest.But what if they didn’t pay their bills?What if they said “Hey, the federal government says I qualify to not pay my bills.Federal law says I am entitled to a fresh start.If you are under median income it’s pretty much “no questions asked”- you are entitled to a fresh start.What then?Major changes for you!Changes for the better.Instantly.Permanently.Now, all the money that you were paying to the credit cards, you keep!Now you can afford to meet life’s unexpected expenses – because you are not paying all that interest.Now, you can actually save some money (often for the first time in a long time).And what about your credit score ?Good news here. . .(An answer that may surprise you)Although most of the time people do experience a drop in their score, and it sometimes takes them a long time to recover good credit, it doesn’t have to be that way for YOU!There is a way for you erase your debt and recover your credit quickly.Contrary to what credit card companies, and creditors in general, want us to believe.The last thing they want us to know is how much sense it makes to not pay your bills.Think about it this way…If you ran a business, and all the income the business made was going back out again paying interest, you would agree that something needed to be done, quickly, to change this.A new approach.You can’t stay in business unless you are running at a profit.Why not think of your own personal finances as your business?And run it like a business?And make decisions designed to improve your finances.And, if it made good business sense,  use Federal Law to get out of the a vicious cycle of payments that never make a dent in your debt?Debt that keeps you trapped, unable to save, and keeps you dependent on high-interest credit cards, just getting by day-by-day.That’s why you should not pay your bills!You wouldn’t run a business that way.Why run your personal finances that way?What if you are fortunate enough to make more than median income?Does this mean you should pay your bills?Probably not.Why?If you have income above the average for your family size, you probably also have higher living expenses too.Because of this, you probably DON’T have any extra money at the end of the month.You may have less, actually, than people who make less.If your income is over median, then you may still be well advised to stop paying your bills, or only pay a small fraction of them. Pennies on the dollar.Think about it.Even if you do have a little extra income – are you really going to be able to pay off all your bills, get to zero debt, in 3 to 5 years?If so, great!  If you think you can do it, here’s a test for you.Here’s a quick self-test for you to do. Right away.Sit down tonight and write out your 3-year plan.Put it down on paper.  List all your expenses. Balances, monthly payments, everything.Write out the plan for how you are going to get out of debt in 3 years.Or 4.Or 5.(Warning!  Doing this exercise may open your eyes to the fact that, truthfully,  you will NOT be able to significantly reduce your debt in 3, 4 or 5 years.  When I do this exercise with my clients, they are often shocked!)You are responsible for your finances.The government is not going to offer you a bail-out.You owe it to yourself to know the truth about your finances.Too often we get lulled into a false sense of security just because we can make our minimum payments every month. We ignore the fact that we are getting nowhere fast.Normally, we can’t increase our income by much.We can’t go to the boss and say, “Hey, I’m trying to get out of debt and my 3 year plan tells me I need a $5 per hour raise.”  “Oh, and I’ll need an extra 10 hours overtime every week too.”Probably not going to happen.If you can’t increase your income, you could try to decrease expenses.But, realistically, you’ve probably already tried to cut back.Budget cuts only go so far.  Normally, it’s just not enough to make a big difference.What’s left?If you can’t increase your income and can’t really reduce your expenses, what’s left to cut out?The bills, of course,Don’t pay them.Or don’t pay most of them.Or, at least stop paying the interest on your debt.In many cases, if you just stop paying interest on the debt, you can keep your budget exactly where it is and be totally debt free in 5 years or less.Really.Most people qualify for this program, but they just don’t know it.The means test in bankruptcy –  the median income test – doesn’t work the way most people think, and certainly not the way that creditors and the news media want you to believe.There are so many ways to legally keep your property and pay little (or none) of your debt that if more people knew the truth . . . that the Federal Standards for qualifying to not pay your bills actually protect families and provide a way to legally re-organize . . . , more people would be much better off.  Actually debt free, in an amazingly short time.The thought that if you don’t pay your bills you are somehow bad, immoral, or that it’s somehow “wrong” to not pay your bills, when that is exactly what our laws provide for you, is a big lie.Businesses have been not paying their bills for years.Does anyone think they are somehow doing something bad?Nope.Quite the contrary.It's a business decision.And, it’s a matter of survival for the business.It’s no different for you and your family, so why are we told that it is?The banks and creditors and lenders want you to think you are doing something wrong if you don’t pay your bills –EVEN IF IT HURTS YOUR FAMILY.EVEN IF IT DESTROYS YOUR FUTURE.Even when it keeps you trapped in debt for decades.Who profits from this?Not you.It’s all about the money – their profits.So, it’s OK for them to “use the chapters” as President Donald Trump says.But somehow not OK for us?Why?You cannot afford for your family business to fail.You, as the owner and manager of the business, have an obligation to consider all your options.A good place to start is to imagine what your bank balance would look like if you stopped paying your credit card bills.What would your life be like without all the worry and stress that comes from not being able pay the bills?How would you feel if you didn’t have the constant haunting worry that you are never going to get out of debt  by just making minimum payments?Life would look a lot different, I bet.You could start saving money.Not have to rely on credit for your living expenses.No need to panic if a sudden emergency arises.Your life would be normal again.You could relax.Start sleeping again at night.You have options.More than you know.So, don’t pay your bills.If it makes sense, good business sense, not to pay your bills.Stop throwing your money at bills if you’re not making any progress at getting out of debt.Find out the truth about your options.Read this website.Call for a free consultation.Find out if it makes sense for you to stop paying your bills.


### Blog: Debunking Debt Myths

What Are The Myths Surrounding Debt?				
		Debt is dangerous. Never borrow money. Paying interest is throwing money away.Sound familiar? These are just a few of the debt myths that circulate like gospel, repeated so often that many people accept them without question. But here’s the truth: not everything you’ve heard about debt is accurate.In a world where financial literacy is more important than ever, misunderstanding debt can cost you, emotionally, mentally, and financially. Whether you’re managing student loans, trying to pay off credit cards, or simply thinking about taking out a mortgage, knowing the difference between myth and reality is essential.In 2024, the average American debt (excluding mortgages) was $22,713. This includes various types of debt, with credit card debt being a significant portion. [1]Here are some of the most common misconceptions about debt. As they are revealed as myths, it will help you make informed decisions about your financial future.1. Debt is always harmful and should be avoided completely2. Paying off the largest debt first is the smartest way to become debt-free3. Looking at your own credit score will damage it4. Filing for bankruptcy will destroy your financial future permanently5. It’s impossible to negotiate or change your repayment terms with creditors6. As long as you make the minimum monthly payment, you're managing your debt well7. Working with a debt settlement company is the best and safest way to get rid of debt		
					Myth #1: All Debt Is Bad				
		The myth: Debt is inherently negative and should be avoided at all costs.The truth: Not all debt is created equal, and some types can actually work in your favor.It’s easy to think of debt as a financial burden, and in many cases, it can be. But when used responsibly, debt can be a strategic tool for building wealth, growing a business, or investing in your future. This is known as “good debt.”For example:A mortgage can help you build equity in a home, often a solid long-term investment.Student loans can lead to higher earning potential over a lifetime.Business loans can fund expansion, create jobs, and increase income potential.On the other hand, “bad debt” usually refers to high-interest consumer debt, like credit cards used for non-essential spending. But even that debt, when managed strategically, doesn’t have to define your financial health.The key takeaway? Debt is a tool. Like any tool, it can help or harm depending on how you use it.		
																														
					Myth #2: You Should Pay Off the Highest Balance First				
		The myth: The smartest way to get out of debt is to tackle the loan or credit card with the biggest balance first.The truth: Paying off the highest balance isn’t always the most efficient or the most motivating method.There are two proven debt repayment strategies:The Avalanche Method:Focus on paying off debts with the highest interest rates first, while making minimum payments on the rest. [2]Best for: Saving the most money over time.Why it works: High-interest debt grows faster, so eliminating it first reduces total interest paid.The Snowball Method:Focus on paying off the smallest balance first, then move to the next smallest. [3]Best for: Building momentum and staying motivated.Why it works: You get quick wins, which can encourage you to stick to your plan. While the avalanche method is more cost-effective, the snowball method often works better psychologically. The right choice depends on your personality, discipline, and financial goals.Bottom line: It’s not just about numbers, it’s about what keeps you going. Choose the strategy that helps you stay consistent.		
					Myth #3: Checking Your Credit Score Hurts It				
		The myth: Every time you check your credit score, your credit takes a hit.The truth: Simply checking your own credit score has no impact on your credit at all.This common misconception causes many people to avoid monitoring their credit altogether, which can actually lead to more problems in the long run. In reality, there are two types of credit inquiries:Soft Inquiries: These occur when you check your own credit report or when a company pre-approves you for an offer (like a credit card or loan). Soft pulls are completely harmless to your score.Hard Inquiries: These happen when a lender checks your credit as part of a lending decision (like applying for a mortgage, car loan, or credit card). A hard inquiry can slightly lower your score, but only temporarily, and usually by just a few points.Monitoring your credit regularly is actually a smart habit. It helps you:Catch errors or fraudulent activity earlyTrack your progressMake informed decisions when applying for creditTip: Use trusted platforms that offer free credit monitoring to stay informed without worry.		
					Myth #4: Bankruptcy Ruins Your Life Forever				
		The myth: Filing for bankruptcy means the end of your financial future, and you will never recover.The truth: While bankruptcy is serious, it’s not a life sentence. In many cases, it’s a chance to reset and rebuild.This carries a heavy stigma, but for people buried under unmanageable debt, it can offer relief and a clear path forward. It legally wipes out or restructures certain debts and gives you breathing room to get back on your feet.Here’s what most people don’t realize:Bankruptcy stays on your credit report for 7–10 years, but its impact lessens over time.Many people start rebuilding credit within 1–2 years by using secured credit cards or responsible budgeting.You can still qualify for a mortgage or car loan a few years after bankruptcy with improved credit behavior.Bankruptcy isn’t the easy way out; it’s a last resort, and it comes with real consequences. But for those drowning in debt, it can also be the beginning of a fresh, more stable financial life.Bottom line: Bankruptcy is not financial death, it’s financial triage.		
																														
					Myth #5: You Can’t Negotiate with Creditors				
		The myth: What you owe is set in stone, and creditors won’t budge.The truth: Many creditors are willing to negotiate, especially if they believe it increases their chances of getting paid.When you're struggling with debt, it's easy to assume you're at the mercy of lenders. But the truth is, creditors would often rather recover something than nothing, which means you have room to negotiate.You can potentially negotiate:Lower interest ratesReduced payoff amounts (debt settlement)Waived late feesRevised payment plans or hardship programsHere’s how to approach it:Be honest: Explain your financial situation clearly and respectfully.Get it in writing: Any changes to your payment agreement should be documented.Stay proactive: Contact your creditors before you fall too far behind.In many cases, a simple phone call can open the door to a better arrangement, one that helps both you and the creditor.Tip: If negotiating feels overwhelming, consider working with a reputable non-profit credit counseling agency to advocate on your behalf.		
					Myth #6: Minimum Payments Are Enough				
		The myth: As long as you’re making the minimum payment on your credit card or loan, you’re in the clear.The truth: Minimum payments keep you afloat, but they don’t move you forward.Credit card companies love it when you only make the minimum payment. Why? Because it means you’ll stay in debt longer and pay far more in interest over time.Let’s break it down:Making only the minimum payment on a $5,000 credit card balance with a 20% interest rate can take 20+ years to pay off.You could end up paying double or even triple the original amount due to compounding interest.Minimum payments are designed to keep your account in good standing, not to help you eliminate debt.Here’s what you should do instead:Pay more than the minimum — even small extra payments make a big difference.Target one debt at a time using the snowball or avalanche method.Avoid new charges while you’re paying down existing debt.Bottom line: Minimum payments are the floor, not the finish line.		
					Myth #7: Debt Settlement Companies Are Always a Good Idea				
		The myth: Hiring a debt settlement company is a guaranteed way to get out of debt faster and cheaper.The truth: Debt settlement companies can be risky, and they’re not the magic solution they claim to be.These companies often promise to negotiate with your creditors to reduce what you owe, charging a hefty fee in the process. But what they don’t always tell you is:They may ask you to stop paying your creditors, which can tank your credit score and lead to collections or lawsuits.Success isn’t guaranteed. Creditors aren’t obligated to accept a lower amount.You may owe taxes on the forgiven debt.Fees can be high, often 15–25% of the debt total.While legitimate debt settlement firms do exist, many prey on people who are already vulnerable. In some cases, working directly with your creditors or through a non-profit credit counseling service is a safer, more transparent path.Bottom line: If it sounds too good to be true, it probably is. Always research carefully before trusting any debt relief service.If you have been in debt and need legal advice, reach out to Richard West today at 937-748-1749.		
					Sources:				
		[1] Streaks, J. (2025, May 16). Average American debt: Household debt statistics. Business Insider. https://www.businessinsider.com/personal-finance/credit-score/average-american-debt[2] Tardi, C. (2024, May 21). Debt Avalanche: Meaning, pros and cons, and example. Investopedia. https://www.investopedia.com/terms/d/debt-avalanche.asp[3] Kagan, J. (2024b, July 2). Debt Snowball Method: How it works to pay off debt. Investopedia. https://www.investopedia.com/terms/s/snowball.asp

### Blog: When Creditors Violate an Automatic Stay

Automatic Stay Violations				
		Filing for bankruptcy is often a difficult but necessary step for individuals or businesses overwhelmed by debt. It offers a legal pathway to regain control of finances and start fresh. One of the most immediate and powerful protections it provides is the automatic stay, a court-ordered shield that halts all collection efforts the moment a bankruptcy petition is filed.The automatic stay is not just a procedural formality; it's a necessary lifeline at times. It stops wage garnishments, foreclosures, lawsuits, harassing phone calls, and other aggressive creditor actions, giving the debtor much-needed breathing room to reorganize or eliminate debts under the protection of federal law.But what happens when creditors ignore this legal shield and continue their collection efforts anyway?		
					What Is an Automatic Stay?				
		The automatic stay is a fundamental protection built into U.S. bankruptcy law. It is outlined under Section 362 of the U.S. Bankruptcy Code, and it acts as an immediate injunction that halts most collection activities the moment a bankruptcy petition is filed, whether under Chapter 7, Chapter 11, or Chapter 13.This legal freeze goes into effect automatically, without the need for a hearing or court approval, as soon as the bankruptcy case is initiated. That means creditors are legally barred from pursuing any further collection efforts until the stay is lifted, modified, or the case is closed.		
					Who and What Does It Protect?				
							
							
										The Debtor: Individuals or businesses filing for bankruptcy are protected from harassment, lawsuits, and financial seizures.
									
								
										The Debtor’s Property: Assets of the bankruptcy estate are shielded from creditor actions, ensuring orderly distribution and fair treatment of all parties.
									
						
																														
					What Actions Are Prohibited by the Automatic Stay?				
		Once the automatic stay is in place, creditors must immediately cease all collection activities. Violating the stay, even unintentionally, can lead to serious legal consequences.Here are the key actions that are prohibited:		
					Contacting the Debtor for Payment				
		Creditors cannot call, text, email, or send letters demanding payment. Even a single collection call after the bankruptcy filing can be a violation.		
					Filing or Continuing Lawsuits				
		Any pending lawsuits to collect a debt must be paused, and no new lawsuits related to debt collection can be filed. This includes actions in small claims court or other civil proceedings.		
					Wage Garnishment or Bank Levies				
		Employers and banks must stop all garnishments and levies. Attempting to garnish wages or seize funds from bank accounts after the bankruptcy filing is a clear violation.		
					Foreclosure or Eviction Proceedings				
		If a creditor or landlord is in the process of foreclosing on or evicting the debtor, those actions must stop, unless specific permission is granted by the bankruptcy court.		
					Repossessing Property				
		Creditors cannot repossess a vehicle, machinery, or other collateral, even if the debtor has fallen behind on payments, once the stay is in effect.		
					What Constitutes a Violation of the Automatic Stay?				
		A violation of the automatic stay occurs when a creditor continues with collection actions after a bankruptcy petition has been filed. The automatic stay is a court order, and failure to comply, whether intentional or not, can result in serious legal consequences.		
					Willful vs. Unintentional Violations				
		A willful violation happens when a creditor is aware of the bankruptcy filing and still takes an action that breaches the stay. Intent is not necessary; only knowledge of the bankruptcy and a deliberate act are required.An unintentional violation may occur when a creditor has not yet received notice or is unaware of the filing. However, once notified, creditors are expected to act immediately to halt all collection efforts. Ignorance of the stay is not a reliable defense if the creditor should have known based on available information.		
					Common Examples of Stay Violations				
							
							
										Sending letters, emails, or text messages demanding payment
									
								
										Making collection calls after the filing date
									
								
										Filing new lawsuits or proceeding with existing litigation
									
								
										Continuing wage garnishments or levies
									
								
										Repossessing vehicles or initiating foreclosure proceedings
									
						
		These actions, once the stay is in effect, are generally prohibited unless the creditor obtains court approval to proceed.		
					Importance of Creditor Notice and Good Faith				
		Debtors (or their attorneys) are responsible for notifying creditors of the bankruptcy filing. Once proper notice is provided, creditors must take all reasonable steps to stop collections. Courts expect good faith compliance. Continuing collection efforts after receiving notice is likely to be considered a willful violation, even if the creditor believes they are legally justified.		
																														
					Legal Consequences for Creditors				
		Violating the automatic stay isn’t just a procedural misstep; it’s a serious legal matter that can result in significant penalties for creditors. The courts view the automatic stay as a fundamental protection for debtors, and any disregard for it can trigger a range of consequences, both civil and financial.		
					Contempt of Court				
		If a creditor knowingly violates the automatic stay, they can be held in contempt of court. This is especially true when the creditor has received proper notice of the bankruptcy filing but chooses to pursue collection efforts anyway. Bankruptcy courts have the authority to issue contempt rulings to enforce their orders and uphold the integrity of the bankruptcy process.		
					Sanctions and Penalties				
		Courts may impose sanctions on creditors to deter future violations and to penalize misconduct. These sanctions may vary depending on the severity and frequency of the violations, and they can be applied even if the violation did not result in significant harm to the debtor.		
					Compensatory Damages				
		Debtors who suffer harm from an automatic stay violation can be awarded compensatory damages. These include:		
							
							
										Actual Damages: This may cover lost wages, repossession costs, returned check fees, or other out-of-pocket losses.
									
								
										Emotional Distress: Courts have awarded damages for emotional suffering caused by harassment, threats, or the stress of losing property, especially when the violation is egregious.
									
						
					Punitive Damages				
		In extreme cases involving malicious, fraudulent, or oppressive conduct, the court may award punitive damages. These are intended to punish the creditor and send a strong message that abusive conduct will not be tolerated.		
					What Should a Debtor Do If the Stay Is Violated?				
		If you're a debtor and believe a creditor has violated the automatic stay, take immediate and strategic action. Your rights are protected under the Bankruptcy Code, and you don’t have to tolerate illegal collection efforts.		
					1. Contact the Creditor Immediately				
		In some cases, the violation may be the result of an honest mistake or lack of notice. The first step is to contact the creditor in writing and inform them that you have filed for bankruptcy. Provide your case number, the court where your case was filed, and the date of filing. This can often stop the harassment or collection activity without further legal action.		
					2. Keep Detailed Records				
		Document everything. Keep a log of phone calls, save emails, texts, letters, and any other communication from the creditor. If property is repossessed or wages are garnished post-filing, gather evidence such as pay stubs, bank statements, or towing receipts. These records will be critical if you need to go to court.		
					3. File a Motion for Sanctions				
		If the creditor refuses to cease collection efforts after being notified of the bankruptcy, you (or your attorney) can file a motion for sanctions with the bankruptcy court. This motion asks the court to:		
							
							
										Enforce the automatic stay
									
								
										Penalize the creditor
									
								
										Award you damages for any harm you suffered
									
						
					4. Work with a Bankruptcy Attorney				
		A bankruptcy attorney can communicate directly with creditors, often putting an immediate stop to unlawful behavior.The automatic stay is one of the most powerful protections available to debtors in bankruptcy. When creditors ignore this protection, whether intentionally or by mistake, the consequences can be serious. Debtors have clear rights under the law, and courts do not hesitate to enforce them through fines, damages, and other penalties.		
																														
		If you are looking for a bankruptcy attorney who can help, reach out to Richard West today at 937-748-1749.		
					FAQs				
												What if a creditor contacts me after I’ve filed for bankruptcy?
					It may be a violation of the automatic stay. First, confirm that the creditor knows about your bankruptcy. If they’ve been notified and still contact you, you may be entitled to damages and legal relief.
												Do creditors always know I filed for bankruptcy?
					Not necessarily right away. Creditors typically receive notice from the bankruptcy court or your attorney, but delays can happen. That’s why it’s a good idea to send them a copy of your bankruptcy filing yourself, especially if they contact you.
												Can I really get money if a creditor breaks the rules?
					Yes. If a creditor willfully violates the stay, you can recover:Actual damages (financial losses caused by the violation)Emotional distress damagesAttorney’s fees and costsIn extreme cases, punitive damages
												How long does the automatic stay last?
					Usually, it lasts until:Your bankruptcy case is closed or dismissedThe court lifts the stay at a creditor’s requestYou receive a discharge of debts. In Chapter 7 cases, this is often a few months. In Chapter 13, it can last 3–5 years.
												What if the creditor says it was just a mistake?
					Even if unintentional, creditors are expected to correct the violation quickly once notified. If they fail to act in good faith, courts may still impose penalties.
												Can I stop repossession or foreclosure with an automatic stay?
					Yes. If you’re behind on car or mortgage payments, the automatic stay temporarily halts repossession and foreclosure proceedings. However, you’ll need to work out a plan through your bankruptcy case to keep the property long-term.
					Source:				
		[1] Kagan, J. (2024, March 26). Automatic stay: what it is, how it works, example. Investopedia. https://www.investopedia.com/terms/a/automaticstay.asp

### Blog: The Truth About Trump's Bankruptcies

Trump Bankruptcies and The Reality				
		When people hear the word "bankruptcy," it often evokes images of financial failure and ruin. So when it comes to someone as high-profile as Donald J. Trump, a real estate mogul turned U.S. President, the word takes on even greater significance. Critics frequently point to Trump’s multiple corporate bankruptcies as evidence of mismanagement, while supporters argue they reflect savvy business strategy within a volatile industry.		
					Understanding Bankruptcy				
		Before diving into the details of Donald Trump’s business bankruptcies, it’s necessary to first understand what bankruptcy actually means, especially in the world of high-stakes real estate and corporate finance. Bankruptcy isn’t always a sign of personal failure or mismanagement; in fact, it can be a strategic legal tool used by companies to stay afloat during tough times.		
					Quick Primer on Chapter 11 Bankruptcy				
		Chapter 11 bankruptcy is a legal process under U.S. law that allows businesses to reorganize their debts while continuing to operate. Unlike liquidation (Chapter 7), Chapter 11 aims to give companies breathing room to restructure their finances, renegotiate contracts, and create a viable plan to return to profitability. It doesn’t mean the business disappears; it means it gets a chance to survive and rebuild.		
					The Distinction Between Personal and Corporate Bankruptcy				
		Personal bankruptcy (commonly filed under Chapter 7 or Chapter 13) involves an individual’s financial obligations, credit card debt, medical bills, etc. and can result in asset liquidation or a repayment plan.Corporate bankruptcy, on the other hand, involves legal entities like LLCs or corporations. These businesses file for bankruptcy protection when they can't meet their financial obligations, but the personal assets of owners or executives are typically protected unless they've personally guaranteed debts. In Trump's case, his business entities filed for Chapter 11, not Trump personally.		
					Why Large Businesses (Not Just Trump’s) Use Bankruptcy Strategically				
		Bankruptcy isn't always a last resort, it’s often a calculated business move. Major companies like General Motors, Delta Airlines, and Hertz have all used Chapter 11 to restructure massive debts, shed unprofitable contracts, and emerge stronger.For companies carrying heavy debt or facing industry downturns, Chapter 11 provides a legal way to pause the bleeding, renegotiate terms, and avoid complete collapse. While it carries a stigma in public perception, in the business world, it’s often viewed as a tool for survival, not necessarily failure.		
																														
					The Timeline of Trump’s Bankruptcies				
		Donald Trump's business ventures have filed for Chapter 11 bankruptcy protection six times, primarily involving his casino and hotel operations in Atlantic City and New York. Here's a breakdown of each filing:		
					1. Trump Taj Mahal (1991)				
		Opened in April 1990, the Trump Taj Mahal was financed with $675 million in junk bonds at a 14% interest rate. Within a year, the casino couldn't meet its debt obligations and filed for bankruptcy in 1991. Trump agreed to give up 50% ownership to bondholders in exchange for more favorable terms. [1]		
					2. Trump Castle (1992)				
		In March 1992, Trump Castle, another Atlantic City casino, filed for Chapter 11 bankruptcy protection. The prepackaged bankruptcy plan aimed to restructure the casino's debt and reduce interest payments. [2]		
					3. Trump Plaza Hotel (1992)				
		The Plaza Hotel in New York, acquired by Trump in 1988 for $390 million, filed for bankruptcy in November 1992. Under the reorganization plan, Trump gave up a 49% stake to lenders to alleviate the hotel's $550 million debt burden. [3]		
					4. Trump Hotels and Casino Resorts (2004)				
		In 2004, Trump Hotels and Casino Resorts, the parent company of Trump's casino holdings, filed for bankruptcy due to mounting debts exceeding $1.8 billion. The restructuring plan included a $400 million bailout, and Trump reduced his ownership stake from 56% to 27%. [4]		
					5. Trump Entertainment Resorts (2009)				
		Following the 2008 financial crisis, Trump Entertainment Resorts filed for bankruptcy in February 2009. The company cited declining revenues and a $1.25 billion debt load. Trump resigned from the board shortly before the filing, distancing himself from the company's financial troubles. [5]		
					6. Trump Entertainment Resorts (2014)				
		In September 2014, Trump Entertainment Resorts filed for bankruptcy again, primarily due to ongoing financial struggles at the Trump Taj Mahal. The company reported liabilities between $100 million and $500 million, with assets of no more than $50,000. [6]		
																														
					Key Reasons Behind the Bankruptcies				
		While Donald Trump’s name has become almost synonymous with success and branding, his corporate history tells a more complex story.		
					Overleveraging and Heavy Debt				
		Most of Trump’s casino ventures were financed with large amounts of high-interest debt, often through junk bonds. For example, the Trump Taj Mahal alone opened with $675 million in debt at a 14% interest rate. These aggressive financial strategies left the businesses highly vulnerable to even small revenue declines, making default and bankruptcy more likely.		
					Misjudged Market Conditions				
		Trump heavily bet on Atlantic City at a time when the market was already showing signs of saturation. Instead of scaling cautiously, he expanded quickly and borrowed heavily, misjudging both consumer demand and the staying power of the region’s gaming industry.		
					Industry-Specific Downturns				
		The casino industry is particularly volatile and sensitive to broader economic trends. Recessions, regulatory changes, and increased competition (like the rise of casinos in neighboring states) contributed to decreased revenues across Trump’s properties.		
					Failure to Diversify or Pivot in Time				
		Rather than shifting focus or diversifying his portfolio during signs of financial distress, Trump doubled down on his casino empire. While some of his later ventures did explore other sectors, the earlier bankruptcies reflected a narrow and risky focus on one declining industry.		
																														
					Trump’s Role and Personal Liability				
					Overleveraging and Heavy Debt				
		Despite frequent media mentions of “Trump’s bankruptcies,” Donald Trump himself never filed for personal bankruptcy. In fact, through strategic use of corporate structures and brand licensing, he managed to shield his personal wealth from the fallout. All six bankruptcies were filed by corporations in which he held a significant interest.		
					Corporate Structures Shielded Him from Personal Losses				
		The use of LLCs and corporate entities meant that when these businesses failed, Trump’s personal assets remained protected. This is a common and legal business strategy, corporations are structured specifically to separate the individual from the entity’s liabilities.		
					His Name as a Brand, Separate From Operations				
		In many cases, Trump’s name was used as a brand license rather than indicating full operational control. This allowed him to profit from branding deals while limiting his personal financial risk. Even as some Trump properties struggled or went bankrupt, the “Trump” brand retained commercial value, helping him recover in other ventures like real estate, media, and licensing.If you are looking to file for bankruptcy in Ohio, contact Richard West by calling at 937-748-1749 today		
					Sources:				
		[1] RUBIO Campaign press Release - The four times Donald Trump has declared bankruptcy | The American Presidency Project. (n.d.). https://www.presidency.ucsb.edu/documents/rubio-campaign-press-release-the-four-times-donald-trump-has-declared-bankruptcy?[2] Reports, F. T. S. a. W. (2019, March 7). ENTERTAINMENT - Los Angeles Times. Los Angeles Times. https://www.latimes.com/archives/la-xpm-1992-03-10-fi-3691-story.html?[3] Plaza Hotel files for bankruptcy protection under Trump plan - UPI Archives. (1992, November 4). UPI. https://www.upi.com/Archives/1992/11/04/Plaza-Hotel-files-for-bankruptcy-protection-under-Trump-plan/5512720853200/[4] From Associated Press. (2019, March 4). Trump’s Chapter 11 plan includes $400-Million bailout - Los Angeles Times. Los Angeles Times. https://www.latimes.com/archives/la-xpm-2004-aug-11-fi-trump11-story.html[5] Clark, A. (2018, February 9). Donald Trump in deal to regain control of Trump Entertainment. The Guardian. https://www.theguardian.com/business/2009/aug/04/donald-trump-deal-trump-entertainment-resorts?[6] Reuters, C. W. (2014, September 9). Trump Entertainment Resorts files for Chapter 11 bankruptcy protection. CNBC. https://www.cnbc.com/2014/09/09/trump-entertainment-resorts-files-for-chapter-11-bankruptcy.html

### LP: FAQs on Columbus Bankruptcy

FAQs on Columbus Bankruptcy				
		If you're struggling with debt in Columbus, Ohio, bankruptcy might be an option to consider. It’s a legal way to get relief from overwhelming financial burdens, but whether you’re an individual or a business, there are different types of bankruptcy, each with specific requirements.		
					1. What Types of Bankruptcy Are Available in Columbus, Ohio?				
		In Columbus, Ohio, individuals and businesses have several bankruptcy options. The most common types are:		
							
							
										Chapter 7 Bankruptcy: Known as "liquidation" bankruptcy, this option allows individuals to discharge most unsecured debts, such as credit card balances and medical bills. In exchange, non-exempt assets may be sold to repay creditors. Chapter 7 is ideal for those with limited income and few assets.
									
								
										Chapter 13 Bankruptcy: This is a "reorganization" bankruptcy where individuals with a steady income can create a 3- to 5-year repayment plan to pay off part or all of their debts. It allows you to keep your property while making monthly payments based on your income and expenses. The Chapter 13 bankruptcy process is often used by those who are behind on mortgage payments or who have valuable assets they want to protect.
									
								
										Chapter 11 Bankruptcy: This type is mostly used by businesses but can also apply to individuals with large amounts of debt. It involves reorganizing debt and continuing operations while repaying creditors over time. Chapter 11 is complex and typically involves restructuring business debt.
									
								
										Chapter 12 Bankruptcy: Specifically designed for family farmers and fishermen, Chapter 12 allows for a more tailored repayment plan and a faster process than Chapter 11. It’s a rare option but beneficial for those in the agriculture or fishing industries facing overwhelming debt.
									
						
					2. How Do I Know if a Columbus Bankruptcy is Right for Me?				
		Filing bankruptcy is not the right solution for everyone. Consider the following factors to determine if it's right for you:		
							
							
										Amount and Type of Debt: If your unsecured debt (e.g., credit cards, medical bills) has become unmanageable and you can’t afford to pay it off in a reasonable amount of time, bankruptcy may help. However, if most of your debt is from non-dischargeable sources like student loans, child support, or taxes, bankruptcy might not offer the relief you're hoping for.
									
								
										Income and Assets: If you have a steady income but can't keep up with debt payments, Chapter 13 might be a better option to create a manageable repayment plan. If you have little to no income, Chapter 7 could be more appropriate to discharge your debts.
									
								
										Alternatives to Bankruptcy: Before filing for bankruptcy, consider alternatives such as debt consolidation, negotiation with creditors, credit counseling, or debt settlement. These options might help reduce debt without the lasting impact of bankruptcy on your credit score.
									
								
										Consulting a Bankruptcy Attorney: A bankruptcy lawyer in Columbus can help assess your financial situation and advise on whether bankruptcy is the best course of action. They will evaluate your debts, income, and assets to determine eligibility and recommend the most suitable bankruptcy chapter.
									
						
					3. Do I Have to Include All of My Debts in My Columbus Bankruptcy Filing, or Can I Leave Some of Them Out?				
		When you file for bankruptcy in Columbus, you are required to list all of your debts. The court expects full disclosure of all your financial obligations. However, not all debts are treated the same way in bankruptcy:		
							
							
										Dischargeable Debts: These are debts that can be eliminated through bankruptcy, such as credit card debt, medical bills, and many loans.
									
								
										Non-Dischargeable Debts: Some debts cannot be eliminated through bankruptcy, including child support, alimony, most student loans, certain taxes, and debts arising from fraud or criminal activity.
									
						
		While you must list all debts, you cannot choose which ones to include in the bankruptcy filing. However, you can decide whether to continue paying some secured debts (like your mortgage or car loan) if you want to keep the property associated with those debts, particularly under Chapter 13.		
					4. What Property Can I Keep If I File for Bankruptcy in Columbus, and What Might be Sold?				
		When you file for bankruptcy in Columbus, certain assets may be exempt from being sold to pay off creditors, depending on the type of bankruptcy and Ohio’s exemption laws. Here's what you might be able to keep: [1]Exempt Property: Ohio provides exemptions to protect certain property. For example:		
							
							
										Homestead Exemption: Protects up to $161,375 of equity in your primary residence (as of 2024).
									
								
										Vehicle Exemption: Protects up to $4,450 in equity for your car.
									
								
										Personal Property: Exemptions also cover household goods, clothing, and personal effects, up to certain limits.
									
								
										Retirement Accounts: 401(k)s, pensions, and other retirement funds are generally protected in bankruptcy.
									
						
		Non-Exempt Property: In Chapter 7, non-exempt assets (like second homes, valuable collectibles, or a high-value vehicle) may be sold by the bankruptcy trustee to repay creditors. However, most people who file for Chapter 7 in Columbus do not have enough non-exempt assets for the trustee to sell.In Chapter 13, you can keep most property because you repay creditors through an affordable payment plan over 3 to 5 years, but the total value of your assets might affect your repayment plan.If you are experiencing financial difficulties and have any questions about filing for bankruptcy in Columbus, contact Richard West at 937-748-1749.		
					Sources:				
		[1] https://www.nolo.com/legal-encyclopedia/ohio-bankruptcy-exemptions.html

### Blog: Does Medical Debt Affect Your Credit Score?

Impact of Medical Debt on Your Credit Score				
		Medical debt is a common financial burden that many individuals face, but does it have an impact on your credit score? Approximately 14 million people (6% of adults) in the U.S. owe over $1,000 in medical debt, and about 3 million people (1% of adults) owe medical debt of more than $10,000. [1]For those struggling with unexpected medical expenses, the idea of a credit score taking a hit can be a major source of stress.While medical debt is treated differently from other forms of debt, understanding how it can affect your financial standing.		
					What is Medical Debt?				
		Medical debt refers to money owed for medical services and treatments that have not been paid for at the time of service. This can include a variety of healthcare-related costs, such as hospital bills, doctor’s fees, surgeries, prescription medications, diagnostic tests, and emergency care.Essentially, it’s any outstanding balance from medical treatment that you are financially responsible for, whether due to insurance coverage gaps or lack of insurance altogether.Examples of medical debt might include:		
							
							
										A hospital bill for emergency care after an accident
									
								
										Unpaid co-pays and deductibles for a doctor's visit or specialist consultation
									
								
										Prescription medication costs not covered by insurance
									
								
										A balance owed after insurance has paid its portion, leaving the patient responsible for the remainder
									
						
					How Medical Debt Differs from Other Types of Debt?				
		While medical debt is still a form of debt, it has unique characteristics that set it apart from traditional debts like credit cards, personal loans, or mortgages. Some key differences include:		
							
							
										Unpredictability: Unlike credit card or mortgage debt, medical debt is often unexpected. Many individuals incur medical debt due to sudden illness, accidents, or emergencies, making it more challenging to plan for and manage.
									
								
										No Interest (Initially): Typically, medical debt does not accrue interest in the same way as credit card debt or loans. However, if the debt is not paid on time and is sent to collections, interest and fees may be added.
									
								
										Insurance Complications: A major factor in medical debt is the involvement of insurance. Even insured individuals can face significant medical bills if their insurance doesn’t cover the full cost or if they face a high deductible, copays, or out-of-network charges.
									
								
										Less Immediate Impact on Credit: Medical debt doesn’t immediately impact your credit score the way credit card or loan defaults do. It usually won’t show up on your credit report until it is significantly overdue (typically after 180 days) and sent to collections.
									
								
										Protections and Regulations: There are specific laws that protect consumers from aggressive collections related to medical debt. For example, in many places, hospitals are required to offer financial assistance programs to those who qualify, and some states have protections against medical debt impacting credit scores immediately.
									
						
												
																					
										
					How Medical Debt Affects Your Credit Score				
		Credit scores are numerical representations of a person’s creditworthiness, determined by major credit bureaus (Equifax, Experian, and TransUnion). The two most common credit scoring models used are FICO and VantageScore. [2] The FICO scores, for example, are calculated based on factors such as:		
							
							
										Payment History (35% of FICO score): This is the most important factor. It reflects whether you've paid your bills on time, including credit cards, loans, and medical debt. If you miss payments on your medical bills, especially if they end up in collections, it can significantly lower your score.
									
								
										Amounts Owed (30% of FICO score): This factor considers how much debt you currently owe. If medical debt is sent to collections and added to your credit report, it increases your total outstanding debt, which can lower your credit score. The more medical debt you owe, the higher the potential impact.
									
								
										Length of Credit History (15% of FICO score): The longer your credit history, the better it can be for your score. If your credit history is long and established, medical debt may not have as severe an impact, especially if you have a strong history of managing other debts responsibly.
									
								
										New Credit (10% of FICO score): This factor considers how many new credit accounts you’ve opened recently, as well as the number of recent credit inquiries. Medical debt does not directly affect this category, unless it leads you to open new lines of credit or take on more loans to cover your medical bills, which could impact your score.
									
								
										Credit Mix (10% of FICO score): This refers to the variety of credit accounts you have, such as credit cards, installment loans, and mortgages. Medical debt doesn’t directly affect this category, but if you need to take out additional loans or credit to handle medical bills, it could change your credit mix, potentially affecting your score.
									
						
					Role of Medical Debt in Your Credit Report				
		Medical debt is not immediately reported to the credit bureaus. It generally takes 180 days of non-payment before it is sent to collections and appears on your credit report. This grace period allows time for individuals to resolve any billing issues or settle the debt without impacting their credit score.However, if medical debt does make it to collections and appears on your credit report, it can significantly hurt your credit score.This will primarily affect your Payment History (since the debt is unpaid) and Amounts Owed (since you now have additional debt listed). If the debt is resolved and paid off, the impact can diminish, but it can still stay on your credit report for up to seven years.		
												
																					
										
					When Medical Debt Gets Reported to Credit Bureaus				
		Medical debt does not immediately impact your credit score when you first incur it. Credit bureaus generally won’t report unpaid medical debt until it has been delinquent for 180 days. This grace period is designed to give you time to address any billing disputes, arrange payment plans, or even apply for financial assistance programs through healthcare providers before the debt gets reported to collections.However, if the debt remains unpaid after 180 days, healthcare providers or collections agencies may send it to a collection agency, which can then report it to the credit bureaus. At this point, the medical debt can show up on your credit report, affecting your Payment History and Amounts Owed categories, both of which are key factors in determining your credit score.		
					What Happens if Medical Debt is Sent to Collections?				
		When medical debt is sent to collections, it becomes a major red flag for your credit score. The collection account will typically stay on your credit report for up to seven years, even if you pay the debt later. This negative mark can reduce your score, making it harder to qualify for loans, mortgages, or credit cards with favorable interest rates.Once the debt is paid off or settled, the account will still remain on your credit report for a while, but it will be marked as "paid" or "settled." This can help reduce some of the negative impact on your credit score, though the account’s presence will still affect your creditworthiness until it naturally drops off your credit report after seven years.		
					Medical Debt vs. Other Collections				
		While medical debt collections affect your credit report similarly to other types of collections, there are some important distinctions:		
							
							
										Grace Period: Medical debt has a longer grace period before it is reported to credit bureaus, which provides consumers with a chance to address the issue before it starts affecting their credit.
									
								
										Treatment by Scoring Models: Some credit scoring models (like FICO 9 and VantageScore 3.0+) treat paid medical collections more leniently than other types of collections. If the medical debt is paid or settled, it may not have as significant an impact on your credit score as other types of debt collections.
									
						
		In contrast, other types of collections (like unpaid credit card debt or loans) are typically reported to the credit bureaus much sooner and do not benefit from the same grace periods or special treatment in some scoring models.		
																														
					What to Do If You Have Unpaid Medical Debt				
		If you have unpaid medical debt that may affect your credit, there are a few strategies to consider:		
							
							
										Review Your Bills: Ensure the charges are accurate. Medical billing errors are common, and you have the right to dispute incorrect charges before they become part of your credit report.
									
								
										Negotiate With Providers: Many healthcare providers offer financial assistance programs, payment plans, or discounts. Don’t hesitate to contact them to negotiate a payment plan or reduced bill.
									
								
										Monitor Your Credit Report: Check your credit report regularly to catch medical debt as soon as it’s reported. This will allow you to address any issues quickly and keep an eye on the impact it has on your credit score.
									
						
		By understanding when medical debt gets reported and taking steps to address it early, you can minimize its long-term effects on your credit score and financial health.If you're struggling with overwhelming debt, contact our experienced bankruptcy attorneys today at Richard West to explore your options and regain financial freedom.		
					Sources:				
		[1] The burden of medical debt in the United States - Peterson-KFF Health System Tracker. (2024, February 12). Peterson-KFF Health System Tracker. https://www.healthsystemtracker.org/brief/the-burden-of-medical-debt-in-the-united-states/		
		[2] myFICO. (2024, December 16). What’s in my FICO® Scores? myFICO. https://www.myfico.com/credit-education/whats-in-your-credit-score

### export-num

It's important to understand the facts about dog bites. Our list of the top 20 dog bite statistics for 2023 provides valuable insight into this issue.In 2023, approximately 4.5 million people were bitten by dogs in the United States.The most common breeds involved in dog bite incidents are pit bulls, followed by German Shepherds and Rottweilers. Together, these three popular dog breeds account for nearly 75% of all bites reported in the US each year.About 40% of households with children have at least one dog, making the chances of a child being bitten by a dog even higher.Approximately 25-30% of all dog bite victims are postal workers, making them one of the most at-risk professions for dog bites.From 2013 to 2022, there was a 134.9% increase in the value of claims related to dog bites.California has the highest number of dog bite claims in the US, followed by Florida, Texas, and New York.Male dogs are more likely to bite than female dogs. Unneutered male dogs tend to be the most aggressive, particularly when they feel threatened or provoked.In 2023, children aged 5-9 had the highest rate of dog bites per capita with almost one in five bitten by a dog.The Kangal breed of Dog has the mightiest bite among all dog breeds at a bite force of 731PSI.The average cost of a dog bite claim paid out by insurance companies was $64,555 in 2023.Over half of all dog bites occur on the owner's property and are usually unprovoked.30-50 deaths are caused by dog attacks in the United States in a year.In 2023, the American Veterinary Medical Association estimated that there were up to 88 million pet dogs in the US, with over 6 million new puppies added each year.A study published in the Journal Pediatrics found that children who live in homes with multiple dogs are five times more likely to be bitten than those who live in households with one dog.The most common type of dog bite is a nip or snap, which usually doesn't cause serious injury. However, these bites can still cause infection and should be treated properly by a medical professional.Over 50% of all dog bite fatalities are caused by a single breed of dog, the pit bull.The most common sites for dog bites are the hands, arms, legs, and head.Annually, more than 2 million children in America experience dog bites.Sixteen states have what is known as the 'one-bite' rule.More than 50% of all dog bite victims are children.		
			
			
      1.
					
			In the United States, there were 4.5 million reported cases of dog bites.		
		According to the Centers for Disease Control and Prevention (CDC), an estimated 4.5 million people in the United States were bitten by dogs in 2023. Of these reported cases, 800,000 required medical attention, and at least 17 died from their injuries. Dog bites are a serious problem that can cause physical, emotional, and financial harm to victims. The following statistics provide an overview of dog bite incidents in the US. [1][pdf-embedder url="https://goldbergloren.com/wp-content/uploads/2023/05/mcm-dog-bite-prevention-week-2021-infographic-v3.pdf"]		
			
			
      2.
					
			Pit bulls are the most commonly involved breeds in dog bite incidents.		
		Pit bulls are a type of breed that is often viewed with suspicion and fear, due to their strength and size. Unfortunately, this fear is justified, as pit bulls are the most commonly involved breeds in dog bite incidents. According to the American Veterinary Medical Association (AVMA), in 2023, pit bulls were responsible for more than half of all reported dog bite incidents across the United States. [2]		
								
																										
			
			
      3.
					
			Approximately 40% of households that have children also have a dog.		
		In the United States, it is estimated that approximately 40% of households with children also own a dog. This number has steadily increased over the past few years, and with it, so have the number of dog bite incidents. In 2023, statistics indicate that this trend will continue to rise. [3]		
																										
			
			
      4.
					
			In 2021, over 5,400 postal employees in the United States were reported to have been attacked by dogs.		
		In 2021, the United States Postal Service (USPS) reported that more than 5,400 of its employees were attacked by dogs nationwide. This figure is up from 3,700 dog attacks in 2020, and it highlights the serious threat posed by aggressive canines. The USPS also noted that many of these attacks could have been prevented with better pet owner education and responsible pet ownership. [4]https://www.youtube.com/watch?v=H-HklV_hra4		
			
			
      5.
					
			There was a 134.9% increase in the value of claims associated with dog bites from 2013.		
		According to an Insurance Information Institute’s (III) report between 2013 - 2022 the value of a dog bite claim rose 134.9% while the number of claims of slightly increased to 1.4% and the average cost rose sharply to 131.7%. [5]		
			
			
      6.
					
			California has the highest number of reported dog bite claims in the United States.		
		According to the Insurance Information Institute’s (III) report on U.S. dog bite claims for 2021, California had the highest number of reported dog bite claims in the country with 2,026 reported incidents. This is a decrease from 2,103 reported incidents in 2020 and 1,776 in 2019.California was followed by Florida with 1,478 reported dog bite claims, Texas with 1,0033 reported cases, and New York with 900 reported cases. These five states accounted for more than half of all reported dog bite incidents in the United States. [6]		
																										
			
			
      7.
					
			Research indicates that male dogs exhibit a greater propensity for biting than female dogs.		
		Research indicates that male dogs exhibit a greater propensity for biting than female dogs. According to the Centers for Disease Control and Prevention (CDC), more than 4.5 million people in the United States are bitten by dogs each year, and one in five of those bites is serious enough to require medical attention. In 2023, dog bite statistics are expected to remain consistent with the current trends. [7]		
			
			
      8.
					
			Children aged 5 to 9 have the highest incidence rate of dog bites, with almost 20% of them being bitten.		
		According to the most recent dog bite statistics from 2023, it appears that children aged 5 to 9 have the highest incidence rate of dog bites. Approximately 20% of them have been bitten by a dog during this period, making this age group the most likely to experience a dog bite.This statistic shows that parents and guardians need to be extra vigilant when it comes to their children's interactions with animals, as this age group is at the highest risk of being bitten. [8]		
																										
			
			
      9.
					
			The Kangal breed of dog has a bite force of 731 psi, which is the strongest among all dog breeds.		
		The Kangal breed of dog is renowned for its impressive bite force. Their powerful jaws have been measured to exert a force of 731 pounds per square inch (psi). This is the highest level of bite force ever recorded in a canine, and makes the Kangal the strongest biting dog breed in the world.In terms of dog bites, statistics show that this powerful breed is not as likely to bite humans as other breeds, but it is still important to be aware of their potential for aggression and take the necessary safety precautions. [9]		
			
			
      10.
					
			Insurance companies paid an average of $64,555 for dog bite claims.		
		According to the Insurance Information Institute (III), insurance companies paid an average of $64,555 for dog bite claims in 2022. This figure is based on their analysis of data from the National Association of Insurance Commissioners (NAIC) and the Insurance Services Office (ISO).In comparison to prior years, the average cost of these claims increased by just over 31.7%. This amount is expected to increase further as more people become aware of the potential financial implications of dog bites. [10]		
																										
			
			
      11.
					
			 More than 50% of reported dog bites take place on the property of the dog owner and tend to be unprovoked.		
		Recent studies have shown that more than 50% of reported dog bites take place on the property of the dog owner. These types of incidents tend to be unprovoked and can result in serious injury or even death. [11]		
			
			
      12.
					
			The number of dog attacks in the United States cause between 30-50 deaths each year which appears to be increasing every year.		
		Statistics show that somewhere between 30-50 deaths in the United States are caused by dog attacks every year. This number appears to be increasing as the years go on, further highlighting how important it is to ensure that dogs are trained and treated properly. It is also important for people to understand the potential risks of owning a dog and take appropriate safety measures when interacting with them. [12] 		
			
			
      13.
					
			There are approximately 88 million pet dogs in the United States, and an estimated 6 million new puppies are added every year.		
		Unfortunately, with the large numbers of dogs come the risk of dog bites. According to the Centers for Disease Control and Prevention (CDC), approximately 4.5 million people are bitten by dogs each year in the United States. Of these cases, nearly one in five will require medical attention.In 2019, it is estimated that there will be 90 million pet dogs in the U.S ., with approximately 6 million new puppies added each year. With the increased number of dogs, the number of dog bites is also expected to rise in the coming years. [13]		
			
			
      14.
					
			Studies have shown that children living in households with multiple dogs have a higher risk of being bitten, up to five times more likely.		
		In the United States, dog bites are a growing concern for parents, caregivers, and medical professionals alike. Every year, thousands of people require medical treatment due to dog bites, with about half of these victims being children. To help parents better understand the risks involved with owning multiple dogs, studies have shown that children living in households with multiple dogs have a higher risk of being bitten, up to five times more likely. [14]		
																										
			
			
      15.
					
			The most prevalent form of dog bite is classified as a nip or snap.		
		Dog bites are a common occurrence, and can range from minor nips and snaps to serious injuries. In 2019, dog bite incidents in the United States resulted in over $881 million in insurance claims. With the increasing prevalence of dog bites, it is important to be aware of the statistics for 2023. [15]		
			
			
      16.
					
			The Pit Bull breed is responsible for over 50% of dog bite fatalities.		
		It's important to understand the facts about dog bites. Our list of the top 20 dog bite statistics for 2023 provides valuable insight into this issue. [16 ]		
																										
			
			
      17.
					
			The hands, arms, legs, and head are the most frequently bitten areas by dogs.		
		As the number of dog bites continues to rise each year, it’s important to stay informed about the potential risks of owning a pet canine. In 2023, research has revealed that the hands, arms, legs, and head are the most frequently bitten areas by dogs. [17]		
			
			
      18.
					
			Over 2 million American children are bitten by dogs each year.		
		Every year in the United States, millions of children are bitten by dogs. According to the Centers for Disease Control and Prevention (CDC), over 2 million American children are bitten by dogs each year. In addition, almost half of all dog bite victims are children between the ages of 5 and 9 years old.[18]		
																										
			
			
      19.
					
			The 'one-bite' rule is the law in sixteen states		
		The ‘onebite’ rule is a law that exists in sixteen states throughout the United States. It states that if a dog has never previously exhibited aggressive behavior, then their owner can’t be held liable for any damage or injury caused by the dog on its first bite. This rule is intended to protect responsible pet owners who are unaware of their pet’s aggressive tendencies and can’t be held responsible for their pet’s behavior.The states with the one-bite rule are: Alaska, Arkansas, Idaho, Kansas, Maryland, Mississippi, Nevada, New Mexico, New York*, North Dakota, Oregon, South Dakota, Texas, Vermont, Virginia, and Wyoming. [19]		
			
			
      20.
					
			According to The Humane Society, children make up over half of the dog bite victims in the United States.		
		When it comes to dog bites, children are one of the most susceptible groups. According The Humane Society, children make up over half of the dog bite victims in the United States. This means that it is important for parents and caregivers alike to be aware of how to best protect their children from potential dangers associated with owning a pet canine. [20]		
																										
		Sources:[1] Dog bite prevention. (n.d.). American Veterinary Medical Association. https://www.avma.org/resources-tools/pet-owners/dog-bite-prevention[2] Dog bite risk and prevention: The role of breed. (n.d.). American Veterinary Medical Association. https://www.avma.org/resources-tools/literature-reviews/dog-bite-risk-and-prevention-role-breed[3] A Stunning Stat: There Are More American Households With Pets Than Children. (2023, March 13). www.nar.realtor. https://www.nar.realtor/blogs/economists-outlook/a-stunning-stat-there-are-more-american-households-with-pets-than-children[4] U.S. Postal Service Releases Dog Attack National Rankings - Newsroom - About.usps.com. (2022, June 2). U.S. Postal Service Releases Dog Attack National Rankings - Newsroom - About.usps.com. https://about.usps.com/newsroom/national-releases/2022/0602-usps-releases-dog-attack-national-rankings.htm[5] Spotlight on: Dog bite liability | III. (n.d.). Spotlight on: Dog Bite Liability | III. https://www.iii.org/article/spotlight-on-dog-bite-liability[6] Spotlight on: Dog bite liability | III. (n.d.). Spotlight on: Dog Bite Liability | III. https://www.iii.org/article/spotlight-on-dog-bite-liability[7] Dog-Bite-Related Fatalities -- United States, 1995-1996. (n.d.). Dog-Bite-Related Fatalities -- United States, 1995-1996. https://www.cdc.gov/mmwr/preview/mmwrhtml/00047723.htm[8] Plana, N. M., Kalmar, C. L., Cheung, L., Swanson, J. W., & Taylor, J. A. (2022, June 27). Pediatric Dog Bite Injuries: A 5-Year Nationwide Study and Implications of the COVID-19 Pandemic. PubMed Central (PMC). https://doi.org/10.1097/SCS.0000000000008670[9] 9 dog breeds with the strongest bite force. (2023, April 19). Country Living. https://www.countryliving.com/uk/wildlife/dog-breeds/a39699921/dogs-strong-bite-force/[10] Spotlight on: Dog bite liability | III. (n.d.). Spotlight on: Dog Bite Liability | III. https://www.iii.org/article/spotlight-on-dog-bite-liability[11] Liability and safety tips for dog owners | III. (n.d.). Liability and Safety Tips for Dog Owners | III. https://www.iii.org/article/liability-and-safety-tips-for-dog-owners[12] List of fatal dog attacks in the United States - Wikipedia. (2019, April 12). List of Fatal Dog Attacks in the United States - Wikipedia. https://en.wikipedia.org/wiki/List_of_fatal_dog_attacks_in_the_United_States[13] Chang (Ed.). (2023, May 18). Number of Dogs in the US 2022/2023: Statistics, Demographics, and Trends. Finances Online. Retrieved May 30, 2023, from https://financesonline.com/number-of-dogs-in-the-us/[14] Hasoon, B. C., Shipp, A. E., & Hasoon, J. (2020, March 5). A look at the incidence and risk factors for dog bites in unincorporated Harris County, Texas, USA. PubMed Central (PMC). https://doi.org/10.14202/vetworld.2020.419-425[15] Mouthing, Nipping and Play Biting in Adult Dogs. (n.d.). ASPCA. https://www.aspca.org/pet-care/dog-care/common-dog-behavior-issues/mouthing-nipping-and-play-biting-adult-dogs[16] Pitbull Statistics - Fact or Fiction? (27 Eye-opening Stats). (2023, January 2). WAF. https://worldanimalfoundation.org/dogs/pitbull-statistics/[17] C. (2022, March 3). Dog bite study shows youngest kids most at risk, which breeds inflict the most severe injuries - CHOC Pediatrica. CHOC Pediatrica. https://care.choc.org/dog-bite-study-shows-youngest-kids-most-at-risk-which-breeds-inflict-the-most-severe-injuries/[18] 10 Facts About Kids and Dog Bites. (2020, October 5). Safer America. https://safer-america.com/10-facts-about-kids-and-dog-bites/[19] Find Your Pet A Loving Forever Home. (n.d.). What States Have the One-Bite Rule? - Rehome by Adopt-a-Pet.com. https://rehome.adoptapet.com/[20] Annual Dog Bite Statistics for the United States of America. (2018, April 5). Kids-n-K9s Dog Bite Prevention. https://kids-n-k9s.com/dog-bite-statistics-for-the-united-states/

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(513) 214-0003        Google Rating5.0Based on 5 reviews                                    Richard West Law Office        5.0×ab hurley18:51 25 Feb 17Mr. West really cares about helping his clients get a full financial recovery, not just a bankruptcy discharge.   His compassion for you and your problems is clearly evident from the first time you meet him.Jim Harrison23:47 22 Feb 17I went to Ricks website – I found a lot of information that I could understand, download and educate myself.  This made the process less scary.  I met with Rick and he and I reviewed several options and ultimately he recommended a non-bankruptcy option that would work better for me.  I would absolutely recommend Rick to anyone who is trying to find the answer to their problems.  His approach removes some of the fear that most have concerning bankruptcy as an option.Brennan Nichole00:32 22 Feb 17Rick was very honest and up front about all of my options regarding bankruptcy. I never felt pressured to make a decision.Michele Cooper13:56 17 Feb 17If you need help with your finances call Rick. He is a caring and experienced attorneyNicholas Fulkerson23:01 14 Feb 17I am very pleased with my experience with Richard West and his office personnel.  Mr. West took the time to thoroughly and professionally explain options available, which led me to make the best decision for my financial situation.See all reviewsWrite a review        
					
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(614) 300-7111        Google Rating5.0Based on 27 reviews                                    Richard West Law Office        5.0×Sydney Newland16:55 29 Apr 21JoAnn D Hamilton18:18 27 Apr 21This office was very patient with me and answer all of my questions.Holly Jo21:30 30 Mar 21The ease of taking care of my case has been beyond phenomenal! The West Law Office team has made the process very clear, the videos most definitely help you so your never alone in any step of taking care of your case. Everyone from the paralegals to the attorneys have been more than accommodating, and very professional. I appreciate the way I have gotten personal attention and am not just a number but rather a person. This process is never a comfortable one, but knowing that some of the very people working beside you have experienced first hand your situation makes it easier to not feel like your alone in making a decision to get back on your feet, and start over with a better mindset and tools to help your future be very successful. I appreciate all the kindness and support that has been shown since day one. I would recommend this team to anyone and highly suggest you reach out to them and let them see how they can get you on the road to success today!!!! Thank you West Law Office.jake blake17:32 26 Mar 21Angela Johnson20:18 06 Mar 21The office personnel are always quick to respond. Mr. West is always thorough, professional, and kind.Gina Knasel21:37 03 Mar 21I highly recommend Richard West Law Office if you are contemplating filing bankruptcy.The entire staff is very friendly, very professional, and always available to answer questions. I was a little reluctant and intimidated when I started the process, but I feel very confident my case is in good hands.Thank you Rick West and all of your staff for all of your help.Cyndee Porter21:19 25 Feb 21I really dreaded the process of filing bankruptcy.  I shouldn’t have.  From the very first phone call I was treated with respect.  I very much appreciate the guidance and patience of everyone in the office.  I can’t say enough good things.  Thank you!Amanda Mckee21:26 17 Feb 21Very highly recommended..by far the best very professional and understands your situationGina Dunlap16:37 10 Feb 21The office is wonderful; the staff is extremely friendly, professional and helpful. With everything going on and having everything done virtually; the office provides peace of mind that if you have questions you can call or email and know that the staff is there to help you every step of the way. You are treated as an individual, with compassion, empathy and understanding,  and your own needs are addressed and met for your individual situation. I highly recommend Richard West Law they are outstanding!!Michelle Giltrow15:40 30 Jan 21Thank you for helping me with my financial situation I would recommend your service to my family and friends!dave stephens17:18 24 Jan 21Richard spent a lot of time going over my case. He gave me good sound advice on what to do. He is very knowledgeable and has years of experience.I highly recommend him!Dont waste your time with anyone else.Richard is the Best! 5 stars!!Cody Stephens19:05 14 Jan 21Angel Womack17:36 13 Jan 21I was extremely happy and satisfied with the professionalism and honesty that Mr. West provided me. I would recommend his office to anyone.Amanda Hopping22:50 07 Jan 21Everyone here was very helpful. I was so worried and filing but they helped walk me through everything step by step and was very patient when answering my questions! Most of my communications were via email because of my crazy work schedule but they always responded quickly and with good detailed explanations! And I went a couple days without doing any of my work they gave me a gentle friendly reminder call to keep me on track! I would definitely recommend Richard West law office in the future for anyone who has to go through this like I did they really went above and beyond to make me feel so much better about the whole thing.Martin R23:51 30 Dec 20You wont regret choosing Mr. West, he is very professional and knowledgeable, he will guide you through the entire process and best options for your situation.I really appreciate all the help I received from all the stuff members assisting my case, all very professional, all my emails were responded within one hours sometimes just a few minutes.Jeremy Riley18:32 28 Dec 20Amazing customer interaction. Very responsive to the needs and questions you may have.Mr. Richard West and his team have a amazing record and I would recommend them.I have had a very positive experience dealing with Mr.Richard West and his team.In one of the most stressful situations one can be in, I trust and recommend Mr. Richard West and his team. They have helped me in many ways and I know they will help you to.April Grierson16:56 20 Dec 20Lisa DiSalvo10:31 19 Dec 20Mr. West and his team are top notch!  Bankruptcy isn’t an easy thing to have to go through, but they make it a very smoothe and gentle on the mental. All of the staff are very kind and helpful and are always available to answer any questions.  They don’t just have you go through the motions and churn you through like a machine either.  They provide you with the tools to help you help yourself by means of online courses to get your finances And credit back on track.  They are literally a restart button on your life!  No question, I would recommend Mr. West and his Team to anyone needing a fresh financial start!Anthony Lewis21:49 17 Dec 20The process was extremely easy to navigate through due to the courteous, knowledgeable, and professional staff at Richard West Law Offices. I would HIGHLY recommend anyone needing these services to contact Mr. West’s office.Andrew Goings17:11 17 Dec 20They made every step of the way as easy as they could. Very responsive and quick to answer questions. I recommend them to anyone.Russell E. Whitney II, MBA16:42 29 Feb 20From start to finish the office was detailed and guided me through the process.  This made it really easy to accomplish the goal.  Bankruptcy is a complex process, and their assistance made the process much simpler for me.Kelly Bordas18:15 28 Feb 20I would recommend west law officeVicki Jackson15:17 26 Feb 20I would recommend Clay Woods and West law firm – actually I have already. I felt like doing cartwheels when I left my meeting with Clay.  It is obvious that he really cares and wants to help me.  My friend said the same thing after she met with him.   He is very thorough and knows what he is doing.  Caring, not just a job to him.  He genuinely cares.christianna198015:05 22 Feb 20From day one, we felt welcomed.  They held our hands through the process. Made the experience comfortable.william coffey17:15 11 Feb 20Rick’s office helped me to take care of my financial obligations so I could focus on taking care of my wife, and not my finances.  His office made it easy – in fact things went so smoothly I did not feel that I was in a legal proceeding.   I would recommend West law office – things have started getting better since I spoke to his office.barbara F16:20 07 Feb 20I was reluctant to file. But after speaking with Rick and his staff I felt more comfortable.  We had an unexpected and serious financial situation arise and could not pay or debts off each month as we had always done.  Rick helped us to feel more comfortable in the process of filing.Aaron Kirk15:52 04 Feb 20Mr. West was absolutely amazing and made filing for bankruptcy a complete breeze.  I was totally in the dark about how even go about it and which chapter to file.  He was able to take step by step and make it as easy as possible.  He always made himself available to answer any question I might have.  He was willing to work with me on all aspects of this arrangement.  He’s the first lawyer I’ve ever dealt with that made me feel comfortable by listening to my needs compared to telling me what I need.  Great guy would recommend to anyone who has fallen on hard times.See all reviewsWrite a review        					
					
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Dayton, Ohio 45402
(937) 224-3648        Google Rating4.9Based on 330 reviews                                    Richard West Law Office        4.9×Janet Puckett21:31 27 Apr 21I was glad I went with Rick West and his team. This was the hardest thing a person has to go through but they did everything to help me along the way. At times when overwhelmed I would get a reply your going to be alright.  I truly appreciated thier kindness n professional help. I would recommend them to anybody.  You have to do your part but they are right there helping you to understand each step. I am very thankful for the whole team that worked with me. Awsome job. Again if your overwhelmed get help n They will help you.JENNIFER LYKINS01:47 23 Apr 21I don’t think they could have made the process any easier! They’re very thorough explaining everything and walking you through the bankruptcy process. The staff is extremely polite and very helpful.Any questions I had were answered super quick. I highly recommend West Law.Michelle Brown18:25 16 Apr 21Highly recommend! I consulted with Clay at the beginning and he let me know all the ins and outs and what I should file on the first phone call. They email you in detail everything you need to do beginning to end, step by step. Rick also has YouTube videos to answer questions and guide you through and a help desk that you can use anytime you have a question and they get back with you in minutes with an answer! His whole staff made this process way easier than I anticipated and made me feel good about my decision to file. Thank you Clay, Rick, Mandy and Hailey, you all have been awesome. Choose Rick and his team to help you, you won’t be disappointed!dustin bobbitt16:25 16 Apr 21Really great team of people. So if you need a bankruptcy lawyer then look no further they say with you through it all.Michael Hyder21:24 15 Apr 21Richard West and his staff are very helpful! Personally what I like the most is how responsive the hole staff is. There very kind and understanding and straight to the point. Alot of attorneys super uptight and can make there clients even nervous but Richard West and his staff definitely care and take time to explain what you may not understand. I recommend this law firm 100% to anyone 😊😊😊👍👍👍Bobbi Bornhorst21:30 12 Apr 21Richard and his team were very helpful and accommodating. His system and organization made a difficult process streamlined and easy to navigate.  Thank you Richard and Kathryn!Arnold Grubb19:57 05 Apr 21Richard and his team have been extremely understanding, supportive, and professional in helping to guide me through one of the toughest decisions I’ve ever had to make. Their comprehensive program answered nearly all the questions about bankruptcy that I had, and the few that remained, he and his staff were more than happy to answer for me in terms easy to understand. I cannot thank them enough for their help and guidance through the process of financial recovery. If you ever feel you need help with debt, DON’T PANIC and call Richard.LaDeya Ivy20:44 02 Apr 21Richard West is extremely knowledgeable, professional and provided me with a wealth of insightful information. He is very transparent and spent time answering all of my questions.After actively hearing my financial situation, he decided bankruptcy wasn’t advantageous for me, while another attorney advised me to file a Chapter 7 and spend down my funds.I highly recommend Mr. West for your credit consolidation, court or bankruptcy needs. Hopefully I won’t need him in the future but will definitely refer him to others as he is a contact stored in my phone.Prior to contacting him, I done extensive research on his background and felt very comfortable using his services to represent me. I even shared with another attorney (who wanted a same day retainer), that I cannot make a decision until I’ve consulted with Mr. West!  His thorough mailing alert was extremely captivating!Thank goodness I contacted Mr. West as he provided me with a peace of mind. Thankfully I am in a situation where I don’t need bankruptcy. He advised me to negotiate my few debts at 75% below and I will be fine since I have a nice amount of available cash assets.Thank you again Mr. West. You are simply the best!!!Nelly Bustamante18:27 02 Apr 21At the West  Law office everyone was so efficient , and professional from the first call and on, the best experience on this kind of situation,they make it fill easy and trust.Netra Thomas00:53 26 Mar 21David Lloyd12:58 25 Mar 21Very thorough Client Services, A Rarity expected when having to go through Bankruptcy for anyone. At the offices Of Richard West, they will be with you every step of the way from originating consultation to the closure of the Filing, and even further, to the needed steps of recovery to get your feet back on the ground firmly. You have nothing to lose, and everything to regain when choosing to use Richard West Law OfficesBarbara Starbuck19:37 24 Mar 21Rick West and his team have been a godsend. We were panicking because having bought both an RV and a truck on the same day, we were grossly overextended. I was looking into options, because I was overwhelmed. First I tried talking to the creditors to lower my interest rates so I could afford the payments. They refused. Then I tried refinancing and was refused = too much debt to income. We were stuck in a hopeless situation.I saw an ad for the West Law Firm and checked out their website. The first thing that caught my eye on debtfreeohio.com was FREE EVALUATION. That gave me the impetus to call.Rick is not only a bankruptcy firm. They evaluate and give you options, including credit counseling and offer different ways to solve the financial headaches.They are always responsive to emails and call when they need to.Since this pandemic, many people are facing financial hardships, and if there is a solution, Rick West and team will find it for you. He’s been doing this for decades and his experience is vast. I highly recommend Rick West.Elizabeth Rodgers01:19 20 Mar 21I cannot stress enough how convenient and accommodating Rick West’s office has been throughout the bankruptcy process. Before I decided on his office I met with 3 other attorneys. No other office had plans for credit recovery. No other office had options for after hours communicating. This is truly the most pain free solution out there. If you are on the internet like I was, searching for the office to hand your debt elimination, I cannot stress enough how much I recommend Richard West. You will not be disappointed in the service, and their services are competitively priced. Take my word for it, this is the only place to handle your bankruptcy.Kathy Minteer19:44 12 Mar 21Everyone in the office is able to help you with any problems or questions that may come up.  Attorney West explained everything and made the whole process easy.  I would highly recommend this office.mike overla22:12 11 Mar 21I was very impressed with the way that west lawn office and staff handled my case with speed and efficiency. They always got back to me within a day or two most of the time same day on questions I had  and was very informed about how things would be handled and documents that they needed. I would highly recommend this firm to anyone. Thank you  west law officeStephen Behrmann20:59 08 Mar 21Jay Dee15:25 25 Feb 21I was so appreciative of west law firm. They helped me thru this difficult time. Answered all my questions in quick professional manner. Kept in touch thru process. They do more than credit counseling. Helped put me in a position to succeed. They really care about their clients. Thank you all west law firm team.  I highly recommend this team!Randen Estep23:41 24 Feb 21This firm is awesome. Very nice group of people who are beastly to talk to, and help you in any way they can. They offer a system to build you back up by following a flawless system everybody can use. I would highly recommend them to anyone who needs help.Destiny Boprey23:33 29 Jan 21Everyone has been so nice and welcoming. Very responsive and always there for you. We asked a lot of questions and I never felt like a bother. It has been a smooth process, and they have helped take a lot of stress off our backs. I highly recommend them.P L15:36 26 Jan 21If you are considering bankruptcy but are hesitating to pick up the phone, I urge you to call Rick and talk your situation through.  Rick and his team made my big problem smaller, more manageable, and reassured me that life after filing can be positive if done right.  In addition to simplifying the entire filing process, he gives the tools and roadmap AFTER filing to rebuild your credit and quickly return to a better credit footprint.  His team did everything promised at the time promised, and his use of electronic communication makes it easy to see where you are in the process and track the extensive information exchanged.  And if a phone call is preferred, Rick and his team are right there.  Thank you Rick…better days ahead!Crystal17:53 13 Dec 20They really do go above and beyond for their clients! There is nothing easy about this process but they will make sure to take the stress off of you and make you feel very comfortable!R Treadwell17:21 12 Dec 20Attorney West and his staff are very upfront in handling your case. They make you feel comfortable and they definitely understand what you are facing. I couldn’t be any happier! Choosing Richard West Law Office is the best choice I’ve made! Go with West you won’t be disappointed!KELLIE STEWART18:59 10 Dec 20Mr. West and his staff were very helpful. They were understanding and sympathetic. They made the process easy to comprehend. They always responded to my inquiries in a timely manner.Penny Ashley17:15 04 Dec 20Mr West and his  is very understanding and doesn’t make you feel like a bad person because you aren’t able to pay your debts . Would highly recommend this office. I pray I don’t ever have to file again but I would use them again.Scot Blackburn22:01 03 Dec 20Rick is amazing.  From my very first telephone call to his office, his staff were friendly and knowledgeable.  Everything is automated and streamlined.  Rick knows the law and is happy to share his expertise with clients and potential clients.  Call Mr. West.  He will help you!Laura Downey12:26 29 Nov 20Nyshema Capers04:28 24 Nov 20I respect the professionalism, kindness and support I have received throughout  this process. Everyone was attentive and responsive to my immediate needs.Heather Phelps19:49 19 Nov 20I cannot say enough good things about Rick West and his office.  He really takes the time to explain the process and walk you through every step.  Everyone at the office is very responsive.  He definitely eased my stress throughout this entire process.  I would highly recommend them !Mark Dykes13:25 18 Nov 20Attorney Richard West and his staff have been absolutely the best professionals during this difficult time of my life. The entire process was explained clearly and all along the way they helped alleviate my fears and doubts. I would highly recommend this fine group of people should you find yourself in need of assistance. Thank you so very much Mr. West and God bless you all.Rachel Shaver20:20 13 Nov 20Richard West Law Office is amazing!! I highly recommend them for filing for bankruptcy.  Everyone I worked with in the office was kind, understanding, professional, helpful, knowledgeable, responsive, and quick.  The whole team handled my case wonderfully.  There was a lot of work to do but they broke it down in very doable chunks over the course of the past 6 months.  They worked with me with payments, paperwork, scheduling, time frames, and questions.  They really did everything they could to make sure I successfully file for bankruptcy, even during this very difficult pandemic. Please, if you’re considering bankruptcy, go with Richard West, he’s the best!!Heather Saylor18:45 13 Nov 20Rick West and his employees have made bankruptcy a lot easier (and less scary) than we thought it was going to be.  All of our questions were answered patiently, quickly, and without judgement. Additionally, Rick is very friendly and easy to talk to. Hand to God, if you need help reach out to Rick West. We feel like a huge weight has been lifted off of our shoulders.Sarah Battle17:08 10 Nov 20Linda Wilson16:16 10 Nov 20james west18:11 09 Nov 20thy are great you them you will likeMichelle Zeigler06:34 03 Nov 20Professional and responsive, the firm has excellent support staff and Richard West is definitely one of the best attorneys in the Dayton area.  He has created a firm that is in tune with the client’s needs and is responsive to those needs. Mr. West is professional and very knowledgeable of bankruptcy law and guides his clients throughout the process so that the client is not overwhelmed.  Highly recommend!Lisa Riley03:37 03 Nov 20April Grierson20:45 02 Nov 20Heather Randles15:44 31 Oct 20Maritza Gamboa00:00 30 Oct 20Molly Hairston02:12 29 Oct 20Bailey White13:28 28 Oct 20I went into this office completely clueless as to of the steps I needed to take to even begin getting back on track but Richard and his team are so amazing and worked with me through every step. The patience that they displayed and the kindness they have are astronomical. I will always recommend this team.Ashtyn Curfman13:31 25 Oct 20Very professional and has handled my case very quickly and efficiently. They’ve made the process incredibly easy for me and answers my questions and concerns with compassion. I’m very satisfied with the level of commitment shown so far.Cynthia Cofield Johnson03:05 24 Oct 20Thanking God who is the head of my life. Thanking Attorney West through all the support in love him and his staff showed to me.Thanks for the wonderful advice you gave me throughout this difficult time in my life. Being in and out of the hospital, bills coming in nonstop. Thank you so much for all your legal advice.You are such an amazing lawyer. Thank you so much.Cynthia Johnsonquintin watters16:22 23 Oct 20Melissa Lusk22:23 22 Oct 20Rick West and his team members are great.. Their caring, understanding about our financial situation. Rick explains everything, always asked if we needed the information told to us again.. Rick treated my husband and I  with respect and as if the situation was his own. Greatly appreciated it!Thank you Rick West and your team.Jeryl Salzer14:35 17 Oct 20My experience was phenomenal and highly recommend the West law firm.  I was treated with respect through the entire process and was explained in detail everything that would take place in a professional manner in a way that I could understand.DeAnna Price22:31 15 Oct 20Rick McConnaughy18:11 15 Oct 20I would like to thank the staff for being so detailed and compassionate during a stressful time! The process with the Richard West Law Firm is very professional, thoughtful and caring to the individuals need! I was very hesitant about how to deal with this personal situation but the staff, Rick and Clay made me feel comfortable and guided me through the entire process! Thank you Rick, Clay and entire staff for such an amazing job!! Good presents do come in bad packages! I’m forever grateful for the fresh start for my future!Nicole Donachy09:50 13 Oct 20They helped me with my bankruptcy which I thought was going to be a difficult process but they made everything SUPER easy!Bree Stevens21:14 09 Oct 20I had a wonderful experience with Richard West and his staff. Everyone was attentive, polite, and knowledgeable! Communication was always fast and instructions were clear! I highly recommend giving them a call! They will be happy to help!Joshua A. Kirby hb12319:18 09 Oct 20West law helped me to gain financial freedom and start the journey to credit recovery. With Mr. West’s credit recovery program my credit score is rising at a rapid rate. Hiring this law firm is by far the best financial decision I have ever made.Jeffrey Marriott23:57 08 Oct 20HIGHLY recommend using Richard West and his firm. They are very responsive to any questions you have, answer quickly, and take the time to walk you through everything you need to file your case. I couldn’t have found a better or more caring firm anywhere else! Again, I HIGHLY RECOMMEND using Richard West. You will not find any disappointments.Jessica Little20:23 06 Oct 20Richard West Law Office is great! Made a stressful situation so much easier to navigate. Highly recommend!Janet Mehlberth-Lovell17:15 03 Oct 20I had a very good experience with Richard West Law .He is  very genuine and kind..I would recommend him to anyone!Melanie Graf21:13 01 Oct 20I had the opportunity to do a COVID19 safe zoom meeting with Mr. West. He was very informative and helpful. His consultation was free, and the information he gave me will allow me to solve my debt issues on my own with no cost to me what so ever. Rarely do you encounter someone without an alternative agenda, and I truly believe that Mr. West has the community’s best interest at heart. Thanks again!Scott Hawkins22:20 30 Sep 20The firm is awesome, they did good job for meLeslie Kern17:44 30 Sep 20Mr West and colleagues are very knowledgeable and helpful. They know their business and treat their clients with dignity and respect. I would wholeheartedly recommend their services.jody adkins17:00 30 Sep 20Everyone is so helpful and knowledgeable! We are so grateful for Richard West and his team! They make what would have been a stressful situation so nice and easy! I highly recommend this law office!!!Lorin Chiles19:13 29 Sep 20Professional and friendly attorney and staff.Very knowledgeable and thorough.   I highly recommend Richard West Law Office.Landis Scott20:59 28 Sep 20I was referred to Richard West Law Office by a friend whom had acquired there service, so I decided to give them a call as well.  From the my first office meeting to my last everyone whom I came in contact with was friendly and made me feel very welcome.  The staff was very friendly, professional and knowledgeable and I must say very very organized when it came to dealing with my case. I would 1000 percent  recommend The Richard West Law Office to anyone who is need of a Bankruptcy Lawyer.  Thanks again guys, A very happy client..Stephanie Maloney18:23 24 Sep 20I felt so embarrassed about being sued, in debt up to my eyeballs, stressed out about bills all of the time. West Law does not judge and are simply here to help. Not pushy, very honest, professional understanding staff. I finally feel a sense of relief after years of financial struggle. If you are considering filing, this is the office you need.Teresa Macon02:01 21 Sep 20Mr. West and his crew is amazing!Thank you very much for all of your help. I appreciate all of you, your professionalism is wonderful!Thank you, Thank you,TeresaLexi ney02:16 17 Sep 20My whole experience has been great with Richard West Law ! Everyone’s been so nice & helpful! Anytime I messaged them , I received a email back in such a prompted manner . Got a call if I missed something and they needed it , gave me as much help as I need & I definitely recommend their services ! You won’t regret itJessica Perkins22:25 16 Sep 20Richard West law office made the bankruptcy process completely painless. I was so nervous and they completely calmed all my nerves. Everyone in the office were so helpful. I would send questions daily to the staff and they would always respond quickly and and answer my question clearly. I am so thankful I went to them for help.Haley Quinn16:21 16 Sep 20Rick West and his team were a pleasure to work with. They made what could have been a stressful Bankruptcy into a breeze. I would recommend them 10X over!Karen Blaul01:29 16 Sep 20Mr. West and his staff are so knowledgeable and helpful and really helped take the uncertainty of filing out of my mind. They were with me every step of the way and such an advocate for me and my rights. I would highly recommend this law office!!!Charles Andrews19:02 15 Sep 20Mr Richard  West and his staff her very informative and helpful during my Chapter 7 bankruptcy case. I was very please how things were handle and all of the information they provided to me was very accurate. I was very satisfied overall with how they handle my case.Sarah Butler17:57 15 Sep 20The Richard West team did an awesome job on my bankruptcy. They were very responsive and got my case done quickly and efficiently.David P.01:57 15 Sep 20So relieved. A very professional and knowledgeable firm. Thank you to everyone at West Law firmDave P.Laura Haughey18:27 11 Sep 20Would highly recommend, they provided excellent financial advice up front along with plenty of helpful resources. My case was handled quickly and professionally and with lots of guidance, which I badly needed.Mary Strawser15:58 11 Sep 20Rick is wonderful and his office personal very helpful.Carol Houdieshell19:20 10 Sep 20Rick West and his whole staff made the bankruptcy process easy to follow. Helpful every step.Highly recommend!Rick Dallas14:31 10 Sep 20Mr. West contacted me right away, gave me free straightforward advice, and offered a big picture approach to my finances. No pressure to make a decision today and if needed, will absolutely contact again. Great practice! Thanks!Christina Darby15:32 04 Sep 20Mr. West and his all of his staff were absolutely wonderful to work with. They were able to make me feel very comfortable, heard and valued! The professionalism and ingenuity of the entire staff made the process very convenient, easy to complete and very streamlined. Mr. West and his staff not only help you to get through the bankruptcy process but they also help you rebuild your financial situation afterwards. I highly recommend Mr. West!Heather Markwell17:12 02 Sep 20At the worst time in my life, Rick & his staff never made me feel like a failure. Melanie was so kind and helpful! She kept me on track! Kathryn answered all my emails within the day! Kathryn was always updating my list of things needed.  Everyone in that office was so positive. That honestly made this experience so much better. The classes are so helpful!! I would recommend this office !! HANDS DOWN!!!Mary Bidmead13:42 02 Sep 20Mr. West was very informative, truthful & professional. I recommend his practice highly.   Thank You.Della Cypryla23:07 31 Aug 20Great lawyer great staff .Emilie Davis21:35 21 Aug 20West Law made the process very easy and as painless as possible. They were always available to answer my questions, and did a great job of making me feel comfortable in my meeting with the bankruptcy trustee.Cindy Kirk21:59 19 Aug 20I would highly recommend Rick West Law Office. His office is very responsive. They get back with you right away with any questions through the help desk. The whole process was very convenient and went very smooth, even with the Covid 19 going on. Thanks for everything. Looking forward to rebuilding my credit through your program.Hailey Vera18:30 19 Aug 20Richard West and his team have been absolutely amazing. They did everything so effortlessly and perfect. This whole bankruptcy experience was actually a huge relief and put my mind at ease thanks to them. If your debating on going through with bankruptcy I recommend you go to Richard West Law Office and don’t think twice about it!Diane Thornbury16:04 19 Aug 20A professional and understanding  law office, when life has dealt you some very hard bumps. Both Mr.West and his para-legal, John, were very kind to me . Thank you gentlemen for your legal advice.David Lowe20:37 04 Aug 20The lawfirm made everything smooth and understandable.  Done everything over the phone and online to complete my bankruptcy and I definitely recommend this lawfirm to anyone that wants there bankruptcy to go smooth and there hours are great for whoever has time restrictions do to work.Tiffany Cullen13:06 27 Jul 20Rick’s office has been wonderful.  When I met with Rick, I was in a bad place.  I had a lot of difficulties,  They worked with me, set up a payment plan and worked with me every step of the way.  They were very responsive, always had an answer for my questions, explaining all that I needed to do, all the documents I had to have.  They were very supportive, there for me every step of the way.  The provided support for me to help find all that I needed and guided me through the entire process, and were very organized with the new COVID procedures.Leah Bromberg02:10 12 Jul 20My experience with Richard West law office was wonderful. I have dealt with them a few times and each time they were very efficient in always responding quickly and answering my questions thoroughly. This last time I switched from a chapter 13 bankruptcy to a chapter 7 and the transition was smooth and not nearly as complicated as I originally thought. Th attorneys and paralegals are extremely knowledgeable and and helpful. I highly recommend West Law.Kathy Peebles18:49 11 Jul 20My experience with Mr. West was excellent. The staff explained everything, kept me informed, and I can say that with their assistance I will come out on top.Jordan Parker16:28 10 Jul 20My experience with Mr. West was wonderful and problem free!  They are always very efficient and confidential and answer any and all questions thoroughly and quickly. He and his staff are very discrete, professional and knowledgeable.  I would definitely work with Mr. West again in the future!Juliana Walker22:59 03 Jul 20Its just really hard to get a genuine and trusted hacker but you are lucky if you get to contact (Morrisgraycracktech) at gmail which his services includes: Hacking, Tracking, SpyingRetrieving of deleted text, pictures and videos.Upgrading results.Provision of information and evidence.Can help to prevent you from being hacked or tracked.Retrieving of deleted text, pictures and videos.Adding your name to guest invitation list.Provision of information and evidence.Can help to prevent you from being hacked or tracked.He can also teach hacking for an affordable price.Michael Ward16:36 02 Jul 20Smooth operation, very professional through the entire operation,  Replied quickly to all my questions, All in all a great experience.Courtney Mitchener13:05 02 Jul 20I could  say a lot about how good this office is.   I took some time to make my decision, but then when I started the process, it went so smoothly that I asked myself “why didn’t I do this sooner?”   Everyone in the office was helpful and answered every question I had.B McGhee19:08 01 Jul 20I can’t say enough about how seamless this process was! From day 1, I had every question answered within a few hours, usually quicker than that. Everything was spelled out in detail and very easy to follow. It was refreshing to work with a company that made EVERYTHING so easy!Joyce Martin14:07 30 Jun 20I appreciate that they are empathetic and professional.   I felt comfortable with their process – it is well organized.Marrett Laney23:02 29 Jun 20Very professional. Very helpful. Everyone was responsive to my questions.  Excellent experience.Emily Abrams20:30 29 Jun 20I used Rick’s office three times in my life.  The professionalism and efficiency of his office is unmatched compared to any other business I’ve known.  I would highly recommend Rick’s office for anyone who needs help with their finances and bankruptcy.Ellery Johnson18:30 29 Jun 20From the initial consultation to the help after the discharge of the bankruptcy,  Mr. West and his staff are quite simply the best. Not only will they make your bankruptcy filing as easy and smooth as they can, but they are there to answer any questions you may have along the way. Their expertise is, quite frankly, second to none. They are professional, knowledgeable, friendly, and available. After your bankruptcy, there is a course that Mr. West has instituted to help you rebuild your credit – a must for all! My overall experience was superior, and you can expect the same.Alicia M18:12 25 Jun 20They made the process go more smoothly than I expected, especially considering the business aspects.  The credit recovery program is particularly important to me.   No other firms offer this.  I’m really glad I found Rick’s office.  Add my review to the others.  The firm did a great job.Tony Frazee11:30 21 Mar 20The process of the initial visit, what to expect, and how the team treated me from the start is fantastic.  The understanding and empathy as well as professionalism and diligence in ensuring that we were 100% protected and our situation was handled better than I could have imagined.Johnny Miller17:23 22 Oct 19We cannot say enough about how instrumental and helpful Richard West and his staff have been in helping us get our finances, and our life, back on track. From the minute we walked into our first appointment we knew we had a team we could trust, that was on our side to help us navigate this process. The staff is attentive and timely with any question or request we have and they have continued to be our advocate for the last two years. We just cannot thank them enough for their knowledge and support.Susan Rumpf21:10 27 Aug 19Have you ever been to the point in life that you just can’t handle all your Bill’s.  You have ask for help n gotten the reply NO or your family doesn’t have money to help. This was the case with me. I had gone to an atty months before n was told that I made too much money come back when I made less. It got me recalculating my Bill’s n budget again to not have the money for all the bills, no food money, no gas money to get to work. I kept seeing a commercial on TV for Rick West n it would stick in my head. I would talk myself out of calling. He can’t help me if the attorney couldn’t. Then came an utility bill for $700.00 when I called they stated it was from the year before. I called again n it was the begin of this year they stated. I didn’t have the money n still couldn’t pay my regular Bill’s. I knew I couldn’t pay that bill ever. The commercial kept popping up over n over again. I saw the commercial one day n decided that I was going to call. I was stressed, crying, want to be alone, afraid I was going to loss my house n even my dogs(my babies). I was so upset n afraid but what’s one more NO. I made the call n met some very friend wonderful people. They ever watched me cry n told me they could help. They ask me to bring a list of my Bill’s n I carried in several files of all my Bill’s n collection notices. They had so much already pulled up on the computer. I filled out the list of items needed then before I knew it I met with Rich then the court date came. They met me there n sat thur it with me. Their was no tears until I hugged his employee for all of her help n thanked her for saving my life. I now can stand tall n enjoy life with knowing can feed myself n my dogs without the stress of where will I get that money. Im bill free starting a new chapter of my life. I’ve learn so much on what to do n not to do with the classes. These people that work with Rick n even himself are the best friendliest helpful people you will ever met. Don’t put yourself out there wondering where the money is going to come from to settle a bill. Make that phone call you will be so happy and relieved that you did. Rich’s employee saved my life. Give them that one call. Thank you so much Rick West Law OfficeSee all reviewsWrite a review        					
					
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						Huber Heights											
									
							
					4752 Fishburg Rd. #D
Huber Heights, OH 45424
(937) 223-3101         Google Rating4.9Based on 8 reviews                                    Richard West Law Office        4.9×Uylanda Marks19:34 23 Jul 20Richard West Law Office filed my bankruptcy, they were professional, efficient and very nice.They gave me a folder with directions which allowed me to give them all the information they needed to file my case. They kept me informed of the progress of my case and have included me in a course to help me make better financial decisions. I am so thankful I used them to get my case filed and would encourage anyone who is in need of bankruptcy assistance to contact them.Ronald Reid17:18 20 Aug 19Melanie in the office was very helpful. She made the whole process smooth and easy on us. The help desk was run by Doreen who was very quick in responding to our questions.  We will recommend Richard west attorney office to every we know that needs this kind of help.Lorah Pitcock15:26 11 Jul 19Very professional & helpful! Highly recommend their expertise! 5 StarsKevin Moore22:46 13 Oct 15I spoke with Rick about a foreclosure. He was prompt to return my call and very helpful with answers to all my questions.Andrew Lucas14:30 22 Aug 15As a 27 year old with tons of student loan debt and credit card debt, Rick and his partners helped me through some of the toughest times I have had to deal with. While helping me eliminate my credit card debt (I was a awful 18 year old), Rick and Steve were very helpful and supportive of me. They also helped me figure out how to better control my spending and saving, as well as giving me all the information I need to continue to pay off my student loans. I would highly recommend their services to anyone else who is in need of debt relief!Bob Alley17:21 05 Aug 15Rick and his staff were very helpful in guiding me through the bankruptcy process. If you are considering your options, I would recommend you give them a try.renee thurlow21:56 30 Jul 15Dear Mr West and Staff,There are NO words to express our gratitude for your kindness, compassion, help and understanding in going through this bankruptcy. It ranks in our hearts as one of the most difficult things we’ve ever had to do….losing 75% of our income and not being able to meet our debt was something unexpected as we had NEVER not paid our bills before…we tried to carry on for almost two years before we sought your services. Due to embarrassment and many other emotions we only hurt ourselves and we are BEYOND grateful to you and your staff for not making us feel what we had already made ourselves feel…..bottom line is we felt like worthless people….after our first meeting I felt soooooo uplifted…something I had not felt in two years. We tell everyone that you were our “GOD KISS”.  That is the HIGHEST compliment that I can give because when God helps you find a way to fix something it is a miracle and God led us to you….our miracle.  Life is soooo much better especially emotionally and a price cannot be put on that sir…thank you!!!!M & R ThurlowBeyond Grateful,Teresa Mozena01:34 14 May 15The Credit Commander Program that I enrolled in after my bankruptcy gave me a step-by-step program, which raised my credit score so significantly within the year, I was able to get better financing with lower interest rates. Without the expert advise of my CCP Coach, I would have had no idea when to apply for new credit cards, when to ask for limit increases, or how to review my credit reports. My Coach guided and supported me every step of the way. It is encouraging to know that a bankruptcy attorney not only cares about filing our Petition but also is concerned about how we can rebuild our credit after we file. Wish we could give him a 10 Star Rating.See all reviewsWrite a review        					
					
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						Middletown											
									
							
					304 South Breiel Boulevard #100
Middletown, OH 45044
(513) 268-5288        Google Rating4.3Based on 11 reviews                                    Richard West Law Office        4.3×Mitchell Williams20:09 09 Jun 16Rick was very helpful and knowledgable on the proceedure of my bankruptcy! He and his practice were always available to answere questions and offer guidance on every possible situatin. I recomend West Law office for anybody who is felling trapped and is in need of direction with their financial situation!William Ratliff18:20 23 May 16I am a prior client of Rick’s office and had a question for him years after my bankruptcy was filed.  He took the time to schedule a phone appointment for me and answered my questions.  I would recommend his office to anyone who needs assistance from someone who really cares and follows up later.Pamela Mears13:45 13 May 16I went looking for an atty to assist me with what direction I need to pursue pertaining to my finances.  I finally went to Rick West due to a referral and I had to look no further.  He explained which direction would best suit me and how it would all end up. I had so many medical bills that I was just in tears and so distraught when I came to see Rick West, but with his guidance I left out full of hope and confidence that I had not known for a long time. He is really a kind person and so educated to help regarding financial issues and gives us hope that there is a solution.Louise Bryant01:14 13 May 16I am very impressed with the West Law Office.  They know how to make you feel like family.  With 30 years of experience behind them I know I am in good hands.  They make you feel every comfortable during your free consultation and are always helpful when you have a question.  I would recommend them to anyone.Jack Heginbotham16:43 11 May 16When I lost my job in 2012 and realized that I would be facing some financial difficulties, I contacted Richard West and had a free, in depth, consultation. I still had many options available and we decided that Bankruptcy was not the first choice at that time. Unfortunately, my inability to find a job over the following year changed everything. I lost my house in a foreclosure and the credit card people were calling daily. In 2014 I was still unemployed so I went back to Richard West and we decided that in my circumstance, filing Chapter 7 would be an appropriate solution to my debt.Richard West and his staff were AWESOME! I was never “Judged” for my financial mistakes and they always treated me with respect and empathy. During the entire Bankruptcy process, I was provided guidance on avoiding unnecessary debt in the future and how to start rebuilding my credit ASAP after the discharge of my debt.Chanelle Wilson13:12 10 May 16Richard West and his staff are fantastic! As a stress management practitioner, I refer to him to help my clients with their financial stress. They always report that he eases their mind and gives them the advice they need to take action.Deidra Peterson12:23 07 May 16Many people I know have trusted Rick West for their financial recovery.  He really cares and is also a certified credit counselor and helps restore credit.  Everyone I know things he’s the best.Tracie Eismann12:41 06 May 16Rick has helped several of my friend s to wipe out their debt and improve their credit.   He really care s about his clients and everyone I know raves about his offic . If you need an honest opinion about all your options for fixing your finances you can rely on Rick to guide you in the right directionLisa Sagendorph21:56 05 May 16This guy, Rick West, assisted me in more ways than he knows. And I am truly grateful.  I came to him for a second opinion when I began to distrust my lawyer that I actually hired.  Rick took time out of his day – the same day I reached out to him to assist. He set up an appointment and moved quickly and was flexible. I sent him  an email from my other lawyer and he responded within the hour and calmed my anxiety almost instantly.  When meeting for the first time, He gave me the advice and/or analysis I had been looking for and settled some major fears I had concerning my case. Rick actually cared about what was happening with my current situation. He explained in detail what I was looking at and gave me different scenarios explaining the pro/con for everything. Rick – has won my confidence completely and when I move forward with everything, he will be my guy! If you are looking for someone that actually cares about your situation and will be honest with you…not trying to pick pocket the money you don’t have…I’m telling you now…pick this guy.  I wish I had have found Rick before I started this process.See all reviewsWrite a review        					
					
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						Reynoldsburg											
									
							
					1604 Lancaster Avenue #B
Reynoldsburg, Ohio 43068
(614) 852-4488        Google Rating5.0Based on 60 reviews                                    Richard West Law Office        5.0×paul neal18:03 15 Dec 20Rick west and his staff are very helpful and respectful. They will go above and beyond through the entire process to ensure it’s easy and clear. I highly recommend them.Hazel Durham04:23 15 Dec 20I obtained Attroney  west law  office to represent me . This office and the paralegals that work there are very professional . They  will respond  in a timely manner. They treat you like family andwill do all they  can to help you. If you want a good attorney reach out to Attorney West Law  office.Missy Wittman17:05 11 Dec 20Joshua Dziedzicki20:58 10 Dec 20West Law was extremely professional and very detail oriented and never made me feel like I was making a mistake! I appreciate everything they have done for my wife and IThank youMatt16:45 03 Dec 202020 has been a rough year and I was nervous and apprehensive about asking for help,  but Mr. West and his staff have been so helpful, respectful, and have made my experience stress free.  I’m glad I’m on the right track to getting my finances in order with their help!Laura Downey12:27 29 Nov 20chris marshall12:06 26 Nov 20They are very friendly and make sure they respond back very quickly. They have helped me and my husband alot. I recommend this law firm.Justin Derringer00:34 26 Nov 20Everyone involved was very knowledgeable and helped me through the process.  They were very fast at getting my case filed.  I look forward to rebuilding with them.Tracy Whitebnj. .18:27 24 Nov 20It was a great experience working with this office. The staff was very professional and helpful with getting me through a difficult time.  The process was very organized, and easy to follow.  I would definitely give this law firm an A+ Rating!Michael Steiner22:22 19 Nov 20Heather Phelps19:56 19 Nov 20I would definitely recommend.  Rick West and his staff were so helpful and responsive throughout the entire process.  They made the entire process as stress free as possible.  They are all great people and I am truly thankful I went with them for my bankruptcy process.Mark Dykes13:27 18 Nov 20Attorney Richard West and his staff have been absolutely the best professionals during this difficult time of my life. The entire process was explained clearly and all along the way they helped alleviate my fears and doubts. I would highly recommend this fine group of people should you find yourself in need of assistance. Thank you so very much Mr. West and God bless you all.Kurt Leitschuh II18:03 17 Nov 20The team at west law is very help and respectful of everything you need. If you need legal help in this field  they our the best.Debbie Shelton00:37 16 Nov 20Rick West and all his associates have been exceptionally helpful in my case. They are all kind, considerate, professional and will lead you in the right direction. With all the diversity of Covid  the staff and attorney’s have worked diligently to keep my case on track. I highly recommend there business above all others.Martina Poet14:30 14 Nov 20Tiffany Cullen13:07 27 Jul 20Rick’s office has been wonderful.  When I met with Rick, I was in a bad place.  I had a lot of difficulties,  They worked with me, set up a payment plan and worked with me every step of the way.  They were very responsive, always had an answer for my questions, explaining all that I needed to do, all the documents I had to have.  They were very supportive, there for me every step of the way.  The provided support for me to help find all that I needed and guided me through the entire process, and were very organized with the new COVID procedures.Uylanda Marks19:30 23 Jul 20Richard West Law Office filed my bankruptcy, they were professional, efficient and very nice.They gave me a folder with directions which allowed me to give them all the information they needed to file my case. They kept me informed of the progress of my case and have included me in a course to help me make better financial decisions. I am so thankful I used them to get my case filed and would encourage anyone who is in need of bankruptcy assistance to contact them.Kathy Peebles18:49 11 Jul 20My experience with Mr. West was excellent. The staff explained everything, kept me informed, and I can say that with their assistance I will come out on top.Jordan Parker16:28 10 Jul 20My experience with Mr. West was wonderful and problem free!  They are always very efficient and confidential and answer any and all questions thoroughly and quickly. He and his staff are very discrete, professional and knowledgeable.  I would definitely work with Mr. West again in the future!Leah Bromberg16:12 10 Jul 20My experience with Richard West law office was wonderful. I have dealt with them a few times and each time they were very efficient in always responding quickly and answering my questions thoroughly. This last time I switched from a chapter 13 bankruptcy to a chapter 7 and the transition was smooth and not nearly as complicated as I originally thought. Th attorneys and paralegals are extremely knowledgeable and and helpful. I highly recommend West Law.Gina Taulbee13:40 06 Jul 20Easy to work with, adjusted for my schedule, which was nice.  The paralegals are very helpful and professional.  The gentlemen I worked with were informative, went over all my options and explained how the process would go.Michael Ward16:37 02 Jul 20Smooth operation, very professional through the entire operation,  Replied quickly to all my questions, All in all a great experience.Courtney Mitchener13:04 02 Jul 20I could  say a lot about how good this office is.   I took some time to make my decision, but then when I started the process, it went so smoothly that I asked myself “why didn’t I do this sooner?”   Everyone in the office was helpful and answered every question I had.Joyce Martin14:07 30 Jun 20I appreciate that they are empathetic and professional.   I felt comfortable with their process – it is well organized.Marrett Laney23:01 29 Jun 20Very professional, response was very fast.  I was impressed with everyone at the office.  They were very helpful.Emily Abrams20:31 29 Jun 20I used Rick’s office three times in my life.  The professionalism and efficiency of his office is unmatched compared to any other business I’ve known.  I would highly recommend Rick’s office for anyone who needs help with their finances and bankruptcy.Alicia M18:12 25 Jun 20They made the process go more smoothly than I expected, especially considering the business aspects.  The credit recovery program is particularly important to me.   No other firms offer this.  I’m really glad I found Rick’s office.  Add my review to the others.  The firm did a great job.Tony Frazee11:29 21 Mar 20The process of the initial visit, what to expect, and how the team treated me from the start is fantastic.  The understanding and empathy as well as professionalism and diligence in ensuring that we were 100% protected and our situation was handled better than I could have imagined.Russell E. Whitney II, MBA16:40 29 Feb 20From start to finish the office was detailed and guided me through the process.  This made it really easy to accomplish the goal.  Bankruptcy is a complex process, and their assistance made the process much simpler for me.Kelly Bordas18:12 28 Feb 20i highly recommend west lawVicki Jackson15:16 26 Feb 20I would recommend Clay Woods and West law firm – actually I have already. I felt like doing cartwheels when I left my meeting with Clay.  It is obvious that he really cares and wants to help me.  My friend said the same thing after she met with him.   He is very thorough and knows what he is doing.  Caring, not just a job to him.  He genuinely cares.christianna198015:06 22 Feb 20From day one, we felt welcomed.  They held our hands through the process. Made the experience comfortable.william coffey17:15 11 Feb 20Rick’s office helped me to take care of my financial obligations so I could focus on taking care of my wife, and not my finances.  His office made it easy – in fact things went so smoothly I did not feel that I was in a legal proceeding.   I would recommend West law office – things have started getting better since I spoke to his office.Lisa Manley23:06 26 Jan 20I recently worked with Rick West and would highly recommend his law firm to anyone in need of a reliable attorney.  He was extremely prompt and professional while working through my legal issue.Wes Bone19:58 24 Jan 20Making the call to a bankruptcy attorney was a difficult decision for me and my wife to make.  The professionalism of Mr. West and his staff made our decision much easier for us.  From the moment we met, through the whole process, Mr. West and his team put us at ease, fully answering all of our questions, and made us feel the decision was the correct one.  I would highly recommend Mr. West to anyone considering this difficult decision as your case will be handled with compassion and care.Tom Bowman18:27 10 Jan 20An attorney friend of mine referred me to Rick.  Said he was the “attorney of choice” for bankruptcy, there is nobody better than Rick.  His office treated me with respect, did not judge me.chrisl d21:14 23 Dec 19Rick is very professional and really knows his practice area but he is compassionate and caring.  He is easy to understand, unlike other attorneys I have dealt with in the past.  The office is very responsive.  He has a great helpdesk system that is top-notch – we get answers quickly and this keeps us from being panicked waiting for answers… very nice.Robert Lackey15:42 23 Dec 19The office is extremely helpful, always there for me.  I did speak to other attorneys, and West Law Office has the best plan.  They gave  me the most info. Mr. West was well prepared.  Their questionnaire was outstanding!  When we went to the trustee meeting we saw other attorneys and their cases were not well prepared, they did not have the information the trustee needed.  We were well prepared and the trustee meeting went smoothly.  The other cases were all missing information.  They had to get back to the trustee with more information.  We had it all the first time. Everything they said they would do, they did.  Everything was well done, we were prepared for everything.  I’m glad I chose West Law Office. Based on my interviews with other offices, West was the best.   I’ve got a lot of experience with bankruptcy attorneys and West, being a board certified attorney, was the best, and his staff is wonderful.Michelle Chavez12:30 14 Dec 19I was referred to Rick’s office by a friend of mine.  I was at a point where I did not know what to do.  In a matter of months everything has changed.  His office is amazing.  The staff responds quickly to questions.  It has been a game changer for me.Tom c15:09 07 Dec 19Rick’s office is very professional.  Outstanding guidance through a mire of issues I did not understand – I could not have managed this on my own.  The staff was really on top of my case – when I requested information I usually got what I needed before the end of the day.  Never in the dark.  Even if I asked the same question more than once, they were right on it and very professional.  They never gave me any indication that they got annoyed if i asked the same question – always professional – cannot say enough about the staff.  Good folks.k S16:20 06 Dec 19When I call in with a question, they are always responsive and ready to help.  Staff is really helpful and pleasant – it has been a good experience.Judy Demmings15:57 06 Dec 19Everyone was very pleasant, extremely knowledgeable.   My case was handled smoothly.  I would recommend this office.Kyle Rupert23:39 05 Dec 19Great communications.  Everything was done quickly, timely. Staff is very professional.  Their helpdesk was useful, once I understood that it was from the law office.Sherry Roush22:34 05 Dec 19They are very knowledgeable about the process and have it down pat – and their credit rebuilding program is awesome.  I actually enjoyed working with the staff – it felt like I was talking with an old friend.Robert Langworthy00:28 02 Jun 19> I just wanted to thank you for all you and your staff has done for my wife and I, as we have gone through the Bankruptcy. we were at the end of the rope , myself more than my wife, because she did not know the scope of our problems, She left our finances to me and I shielded her from our problem. You were recommended to me by a past client and after consultation you reviewed our situation and recommended action that needed to be taken, that action was just completed yesterday and now my wife and I are basically debt free and can now begin to both repair our credit. as well as not worry about having the money to pays our bills.. You and your staff treated us with respect to privacy and were very helpful through the process. I highly recommend others that were in our situation to not hesitate to seek your advice on their problem.> Robert L.Cynthia Churchill, M. D.15:08 18 Feb 19I can enthusiastically recommend both Richard West and Clay Woods, attorneys at the Reynoldsburg, Ohio office.  They are able to give expert advice and also demonstrate caring, beyond just ‘the numbers’.  Their office is very well organized, with great support staff.  They have a system for asking questions on-line, so that there is no telephone tag and the answer comes back right away.   This office is a great resource!Stephanie Orahood21:38 05 Feb 19I was very apprehensive about going through with this, but it was one of the best decisions that I made. I was introduced to Clay Woods, who was understanding helpful and confident in his abilities and his team. That is what I needed as I have always been a person who has worked hard to pay her debts. Unfortunately, things happen and choices have to be made. I am fortunate enough to have been guided to the West Law Office and their wonderful staff. They were understanding, caring and made me feel good with my decision that there will be light at the end of the tunnel.mary pendergraft00:10 03 Feb 19My husband and I have had a bad two years we lost our youngest daughter at 31 on her birthday. Then he had to have surgery and was off wwwork a year and a half. We met Mr. West he let us know that none of this is our fault everyone goes through hard times. When we left we didnt feel like loosers like we did when we went in. I thank him and his Staff so very much for everything they have done for us and everything their going to do for us. if you need HELP call him now he will get back with you. Its the BEST thing you can do for you and your family. THANKS MR WEST AND YOUR STAFF. ED AND MARYLaura Webb19:44 19 Jan 19I  would recommend Rick and his staff if you have financial issues.  My family has been very satisfied with his office.Dan Jordan20:17 11 Jan 19More than a bankruptcy attorney; Rick West and his team are truly financial counselors who seek the best solution for your individual situation and help see it through, beginning to end.John and Heidi Comstock17:44 10 Jan 19Going to a Lawyer is intimidating enough making sure everything is done properly. After a horrible experience years ago with another central Ohio lawyer, we found much comfort in Clay. We were notified every step of the way and the paralegals are beyond amazing! Definitely would recommend.Lisa Ault22:12 08 Jan 19Rick and his staff have been kind, courteous, answered all my questions in a timely manner.  Professionalism is extraordinary. I wish I would have called years ago.Bill Hunnewell16:14 04 Jan 19Rick is easy to communicate with, he works hard for his clients, although it does take effort to get the best results.  Rick is a “hands on” guy, and will work with you to get a good result.Cece Davis13:51 30 Nov 18I am not one to write reviews but I felt in this situation I would share my experience. My husband and I had unforeseen events happen that led us to talk to a lawyer about bankruptcy. It was a horrible experience for us. Then  my husband had a coworker tell us about Richard West. What an amazing experience from the first meeting .. Huge difference in the way we were treated  and the information we received. Richard and his team members have this down to a science and the tools they provided us with made this horrible journey seem like there is a light at the end of the tunnel. Don’t get me wrong you have to put time in and really do your part but they are there to help you 100 %  you never feel lost in the process. I would highly recommend Richard West.CG Huff00:41 30 Nov 18If you want someone that will stand up for you thru thick and thin you have come to the right place. You won’t be disappointed.Ariel Sims01:01 21 Nov 18Richard West and his staff go above and beyond to make sure all of your needs are met. A very understanding firm and you find out very soon that they are passionate about what they do. Debt relief, bankruptcy or whatever the situation, they are the ones that I would call. I highly recommend.Cindy Arnett15:17 11 Nov 18If you find yourself struggling to pay your bills, contact Mr. Richard West.  He and his staff will guide you through every step of what can be an overwhelming experience.  His knowledge of debt relief and bankruptcy laws enabled us to go through this process feeling very comfortable with the assistance they provided.  He and his staff are very compassionate and never made us feel “less than” for needing financial guidance.  Don’t wait, call for a consultation now!John Puckett19:46 25 Sep 18Mr. West has been very helpful throughout this entire process.  He has been there to answer questions as they arise and make a stressful experience, not as stressful.  I would recommend West Law for your bankruptcy needs!pacer kat11:21 15 Sep 18Richard West and Clay Woods are Columbus Bankruptcy Attorneys who really listened, and offered options I didn’t know I had.  They took the time to understand.  I was referred to them by a friend, and I’m glad I met with them.  And, they offer help to rebuild credit.  This is a win-win.See all reviewsWrite a review        					
					
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						Sharonville											
									
							
					4 Triangle Park Dr. Ste 400
Sharonville, OH 45246(513) 729-9760         Google Rating4.6Based on 10 reviews                                    Richard West Law Office        4.6×Stephanie Orahood21:39 05 Feb 19I was very apprehensive about going through with this, but it was one of the best decisions that I made. I was introduced to Clay Woods, who was understanding helpful and confident in his abilities and his team. That is what I needed as I have always been a person who has worked hard to pay her debts. Unfortunately, things happen and choices have to be made. I am fortunate enough to have been guided to the West Law Office and their wonderful staff. They were understanding, caring and made me feel good with my decision that there will be light at the end of the tunnel.mary pendergraft13:56 03 Feb 19My husband And I have a very bad two years we lost our youngest daughter on her 31at BIRTHDAY of kidney failure and high blood pressure. And my husband  had to have surgery and was off work for a year and a half. GOD sent us to Rick West and he’s doing everything he can do to help us and he’s not making us feel like failures he let  us know right away bad things happen to good people none of this is our fault. He truly understands how we feel and what we’re going through.  We want to THANK HIM AND HIS STAFF FOR EVERYTHING. WE’VE MADE A NEW FRIEND.  ED AND MARY.Laura Webb19:45 19 Jan 19I  would recommend Rick and his staff if you have financial issues.  My family has been very satisfied with his office.Dan Jordan20:17 11 Jan 19More than a bankruptcy attorney; Rick West and his team are truly financial counselors who seek the best solution for your individual situation and help see it through, beginning to end.Lisa Ault22:15 08 Jan 19Rick and his staff are extremely courteous and professional, answered my questions in a timely manner.  I wish I had called him sooner!Bob Masters20:13 10 Oct 18Tommie Fleming-Maiben15:06 02 Oct 18Willing to helpab hurley18:53 25 Feb 17A compassionate and caring attorney.  Rick knows what you need and really takes care of you.  He works to help you get a complete financial recovery, including recovering your credit score.Michele Cooper13:59 17 Feb 17Rick is a caring and experienced attorney.  I recommend him if you need help with your financesSee all reviewsWrite a review        					
					
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						Springboro											
									
							
					195 E. Central Ave.
Springboro, OH 45066(937) 748-1749        Google Rating4.7Based on 30 reviews                                    Richard West Law Office        4.7×Heather Saylor19:13 13 Nov 20Rick West and his employees have made bankruptcy a lot easier (and less scary) than we thought it was going to be. All of our questions were answered patiently, quickly, and without judgement. Additionally, Rick is very friendly and easy to talk to. Hand to God if you need help, reach out to Rick West. We feel like a huge weight has been lifted off of our shoulders.Samantha Morton20:08 26 Sep 20What a great crew!  They made everything seamless and were willing to work with my crazy schedule!   I would recommend Attorney West to everyone!  Thank you!C A04:59 11 Mar 20Rick what your doing is changing lives!!! Thank you for your help. This legal firm takes a serious approach to mastering their craft. A lot of attorneys bait and switch and won’t even show up sometimes. Rest assured not only will you be advised of a clear approach tailored to each individual but you will rest easy knowing that with West Law guiding you on a simple step by step formula that this man has become so passionate about. Your passion shows Mr. West… You are a Master of your Craft. Your team of paralegals and attorneys are awesome and hard working. This Law firm will do as it says however you have to meet them halfway, and put the effort in also after all it is your case but they will take the wheel with the legal aspect know that!Thank you to you and your team Mr. West for all you do.Btw where’s my umbrella Rick? lolDonna obermeyer01:27 05 Feb 20I would like to thank Rick West, Steven and all of the staff for all you did to help me from start to finish. Communication was always great on what to expect and quick in responses as well. I cant thank you all enough for everything. I would definitely recommend your law firm.Stace B22:40 25 Jan 20Christopher Roden11:47 26 Oct 19Robert Langworthy00:28 02 Jun 19> I just wanted to thank you for all you and your staff has done for my wife and I, as we have gone through the Bankruptcy. we were at the end of the rope , myself more than my wife, because she did not know the scope of our problems, She left our finances to me and I shielded her from our problem. You were recommended to me by a past client and after consultation you reviewed our situation and recommended action that needed to be taken, that action was just completed yesterday and now my wife and I are basically debt free and can now begin to both repair our credit. as well as not worry about having the money to pays our bills.. You and your staff treated us with respect to privacy and were very helpful through the process. I highly recommend others that were in our situation to not hesitate to seek your advice on their problem.> Robert L.Jeff Robinson14:18 19 Jan 19Ciara Peyton21:11 22 Oct 18Richard West’s office made my process go very easy. Everything was thoroughly explained to me and in great detail and that is really appreciated when you don’t know the process.Paul Monaghan12:32 31 Jan 18Mr West and his team handled my case 7 years ago. They are very caring and compassionate when helping you thru a difficult time in your life.Recently I had a few legal question. I reached out to their office via email. Mr West responded to me personally and set up a phone consultation with me.  Mr West really cares about his clients, even after 7 years! I highly recommend Mr West and his entire team!pam kurtz20:21 15 Mar 17I went with a friend, as a support system, to meet about discussing a bankruptcy. I was pleasantly surprised at how helpful and friendly the staff were. Matt and Rick were extremely supportive. Their genuineness made my friend comfortable and relaxed. With their help, she now sees light at the end of the tunnel.mick conner19:38 16 Jan 17Mr. West gave me a lot of valuable information.  He even advised me about other options than bankruptcy. I felt he was very caring and sincere in helping me with my situation.Rachel Blanks11:19 07 Jun 16Attorney West and his staff were extremely helpful, courteous, and professional from start to finish. We commenced our journey with West Law Office with a simple inquiry phone call and because of the interest, empathy, legal knowledge, and care demonstrated to us by Attorney West himself on that first call, we knew we would be in good hands. We were never pressured, rushed, or most importantly, never demeaned or put down. Questions were answered before even being asked and those questions we had were answered to full satisfaction. Emails and phone calls were returned swiftly and the consistency with the staff handling our case made us feel that we weren’t just “clients.”Our hearing date was far easier than would be expected. Attorney West was punctual, professional, and PREPARED for our hearing. Before entering the chambers, Attorney West was diligent in soothing any nervous worries and walking us through what would happen.We could go on and on about the amazing service we received from West Law Offices. Thank you Attorney West and staff for your dedication to your clients and their families. We appreciate you and all you’ve done for us!Video Man18:35 07 Apr 16I spoke with Mr. West today. He was extremely helpful and provided the required insight to ease my anxiety….I would highly recommend that you give him a call to assist you in calming and get a better understanding of whatever financial issues you might be facing.Katie Nugent00:20 20 Jun 15My husband and I visited Mr. West and had many financial questions in regard to some real estate difficulties we were having. He answered all of our questions, provided sound advice, and we left with not only a better understanding of our circumstances, but also peace of mind.Michael Butz19:07 06 Mar 15Attorney West and his staff were exceptional. They are knowledgeable, professional, and show compassion for their clients. I went to them when I needed financial help, and they came through for me in every way. I highly recommend them to anyone in need of financial counseling or looking for an attorney who will help you through your bankruptcy.Steve Stamper15:28 22 Dec 14Richard West and his team are outstanding! They are very compassionate, professional, and thorough when working with their clients. I would highly recommend them to anyone looking for a good attorney.Denise Tudor23:30 11 Jun 14I went to see Rick West when I was in the worst financial shape of my life and thought even he couldn’t help me. But he did. I can breathe now and I know everything is going to be ok because he showed me how bankruptcy could give me my life back. Thank you Rick West and for helping me through this, I am forever grateful.Denise T.Vicki L Hellmund16:42 24 May 14The office staff are friendly and make a very uncomfortable time easier.  Mr. West is knowledgeable and very understanding.  I highly recommend Mr. West.Andrea Gustin20:15 08 Apr 14In my experience Richard West is a very professional, courteous, and understanding lawyer. He very generously helped me with my horrible situation. I can now see a light at the end of the tunnel. He was very genuine and honest about how he could help me and explained it in terms that allowed me to understand everything he would be able to do for me. I will definitely recommend him to all of my friends, family, and even strangers. I have never had such a positive and respectful experience with any lawyer. I am greatly indebted to him. Thank you Mr. West!!Donna Parker21:51 03 Apr 14My experience at Mr. West law offices was that of exceptional with all involved.  They were empathetic with us as well as compassionate when we needed it.  The work ethics were punctual and done in a timely manner.  We always knew what was happening and where to be.  Mr. West joined us in a timely manner at our court dates and all paperwork was always correct and he is very professional attorney.  I would recommend this law firm to anyone that is in need of financial help.  His help goes further than just getting you out of debt he helps you start over and look forward to your future.Rachelle Wolfe15:16 18 Feb 14I appreciated the very organized process and was impressed with Mr. West’s experience and knowledge.  He has assisted me with my credit report after the case was over. I was very pleased and rate his office 5 out of 5 stars.Michael Galloway17:50 09 Jan 14Mr West was very informative even before a retainer was paid.  I appreciate the thoughtful approach he takes and was very satisfied with his representatoin and teh staff.  He gets 5 out of 5 stars.  I would recommend him to anyone who needs financial advice and assistance.He even took the time to go over informatoin wtih my family members and offered to assist when the need may arise.  I was grateful for this.Eva Winton14:09 09 Jan 14I have used Mr. West’s office and really appreciate the results I have achieved as a result of my bankruptcy fling, I have recommended several of my friends to his office and they have experienced the same excellent results.  I would highly recommend him.  My credit score has improved greatly  with his assistance as well.  I’s over 650 and climbing.  I just got a new car and I have credit as well.russell brown22:55 26 Dec 13I use Richard West’s office and now my credit score is over 700!  I have been able to obtain car loans with interest rates as low as 4.49%, and just bought a new truck.  The process was easier than expected – the team was well prepared – I recommended the office to my mother, who also had an excellent experience.  I would recommend Rick to anyone who needs help with debt and credit recovery.freakforwii18:33 14 Dec 13A scale of 10, Mr West’s firm scores 11.  They went above and beyond to make sure that all of my questions were answered quickly and I feel very comfortable with their representation.  Mr. West explained all of my options, both bankruptcy and on bankruptcy, and explained to me how to rebuild my credit.  I kept all of my property, and am not rebuilding my credit score.  For me, it was the right thing to do and I would recommend anyone who has questions about the right way to take care of their difficult financial situation to contact Mr. West, he is a credit counselor as well as a board certified bankruptcy specialist and really knows his stuff.Reyn Time Baby18:27 14 Dec 13West Law Office is a 10!  I was extremely satisfied with the way I was treated and the way they handled my case.  I was especially impressed with the very thorough way my case was presented to the trustee.  Other attorneys did not appear to be anywhere near as well prepared as Mr. West was.  My bankruptcy was processed smoothly and my credit score is now about 650, thanks to Mr. West’s counseling and advice.Earl East02:37 03 Nov 13Richard West is an expert as well as a compassionate professional. I was afraid I would lose everything and that my credit would be trashed. Rick immediately stopped a lawsuit filed by a credit card i owed over $10,000 on.  I got rid of all my credit card and medical bills, kept my car and my home, and now I can sleep again.  He helped me rebuild my credit and now my credit score is over 650.  In addition, he cleaned up my credit report.  His staff was always courteous and I was always treated with respect.  I would recommend anyone who has serious debt problems to talk to Rick. I sure am glad I found him.See all reviewsWrite a review        					
					
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2 Ways to End License Suspension with Bankruptcy		
		[rank_math_breadcrumb]When your driver's licenses is under suspension, it can be very expensive to get legal. Discharge judgments from accidents and reinstatement fees with bankruptcy. We can get you cleared for license re-issuance the same day.You can end license suspension with bankruptcy and drive legally again.We all know that a driver's license is a necessity. If you've been in an accident without insurance, you might be under a judgment suspension. Whether you are found at fault or not, lack of insurance can end up with your license suspended, and the insurance company knows they have the upper hand. You can turn the tables on them.  You can end license suspension with bankruptcy.Other than accidents, Ohio suspends your license for many reason.  Ohio has over 66 different kinds of license suspensions! If you are found guilty of traffic offenses, not just DUI, but even repeated speeding tickets can cost you your right to drive. Refusing a BAC test, driving without valid insurance, even failure to pay child support, or even a parking ticket, can result in a license suspension.		
																					
			Bankruptcy Discharges Unpaid Judgments		
		If you were in an accident without insurance, the insurance company will often demand more than you can afford. If you can strike a deal with them, you still have to pay a reinstatement fee to the bureau of motor vehicles. Sometimes the reinstatement fees are more than you can afford as well. Like the insurance company, the BMV might offer you a payment plan as well. Don’t forget that you will need to file an SR-22 bond in order to drive legally.All of this could cost more than you can afford. But driving without a license can land you in jail, or, at the very least, cost you in finds and penalties, add points to your license, and of course, increase the reinstatement fees.When you can’t drive, you can’t work. Without your employment income you have no hope of paying the insurance company, the courts, the BMV and pay for insurance. Without a legal driver’s license, you are dead in the water.In most cases, you can discharge all of this debt in bankruptcy. Bankruptcy can end your license suspension by wiping out your insurance judgment, and the reinstatement fees. You’ll probably need to re-test and file the SR-22, but that’s a lot cheaper, and faster, than trying to get the insurance company to agree to a plan you can afford.		
        Looking for More Articles on Bankruptcy?Looking for more insight and articles on Bankruptcy? Head over to the Bankruptcy Learning Center for more information.Visit the Bankruptcy Learning Center	
			Not all Judgments Discharged		
		Does bankruptcy discharge all types of accident judgments? No. If you caused an accident and were under the influence of drugs or alcohol, the damages will not be discharged. However, you can make payments in a chapter 13, and this can clear you for license re-issuance and end license suspension with bankruptcy.However, if you were only convicted of DUI and there was no accident, then the reinstatement fee is discharged. The reinstatement fee for a first offender in Ohio is $475.When we file your case, either in chapter 7 or 13, we will give you the paperwork you need to start the process to end license suspension with bankruptcy. We’ve helped hundreds of our clients wipe out accident judgments, and discharge reinstatement fees, and end license suspension with bankruptcy.Don’t risk driving without a license. Bankruptcy can terminate your license suspension and wipe out all your other debts as well.You can end license suspension with bankruptcy.		
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		Call us today and learn your options before you get caught without a license.
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### Dayton Review Arnold G.

Considering claiming bankruptcy was one of the toughest decisions I ever made. But, the staff answered all of my questions and put me at ease. Don't panic! Call Richard West!
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What Is Chapter 7 Bankruptcy?		
		Financial strain can take its toll on anyone, especially those living in Dayton or Columbus Ohio. If you are becoming deeper in debt, Bankruptcy Chapter 7 - maybe your best option.		
		More people file Chapter 7 Bankruptcy than any other form of bankruptcy. It is a powerful and effective tool for personal financial recovery. Most of the negative associations people have about filing this type of bankruptcy are either not true or are grossly overblown. More people should file Chapter 7 than actually do.Don’t believe everything (most) of what you read on the internet about Chapter 7 Bankruptcy. Chapter 7 bankruptcy is a powerful tool but, like any serious financial matter, you need to consult an expert before you make a move.Most people qualify for some kind of bankruptcy relief. In order to qualify for this type of bankruptcy, you must either have income below the median income for your family size, or, if your income is above that limit, you need to pass the means test, or demonstrate “special circumstances.”Source:  https://www.justice.gov/ust/means-testing		
																					
			When to File Chapter 7 Bankruptcy?		
		In over 33 years of practice, I can confidently say that most should file bankruptcy long before they actively start looking into it. Their reasons are many, but mostly unfounded.Most people misunderstand bankruptcy, and fear unpleasant consequences they imagine that will happen to them if they file. So they refuse to even consider the bankruptcy option, until they have no choice.Don’t wait until you experience the many “warning signs of bankruptcy.” As the old saying goes, “If you think you have a problem, then you probably DO have a problem!”  Yet, most people wait until they have exhausted their savings and made poor financial decisions designed to avoid the problems they mistakenly believe bankruptcy will cause them. This is tragic.If you’re experiencing financial stress, don’t wait until you start fighting with loved ones over money and losing sleep. You need to start looking at all options, including Chapter 7, now.

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Help For Your Situation		
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				3M Combat Earplugs
				Asbestos & Mesothelioma
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				Breast Implants
				Defective Hip & Knee Implants
				Stryker Hip Implants
			

		

	



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Home
Type of Cases We Handle

	Personal Injury
	
		Automobile Accidents
		
			ATV Accidents
			Car Accidents
			Boat Accidents
			Distracted Driving Accidents
			Hit & Run Accidents
			Rear End Accidents
			Recreational Vehicle Accidents
			Rental Car Accidents
			Rideshare Accidents
			Self Driving Automobile Accidents
			Teen Driver Accidents
			Tesla Accidents
			Truck Accidents
			Semi-Truck Accidents
			Uber & Lyft Accidents
			Uninsured / Underinsured
		

		Premises Liability
		
			Cellar Grate Accidents
			Commercial Accidents
			Elevator Accidents
			Falling Debris Accidents
			Negligent Security
			Residential Property Accidents
			School Injury
			Sidewalk Accidents
			Slip & Fall Accidents
			Slip and Fall On Government Property
			Stair Accidents
		

		Medical Malpractice
		Wrongful Death
		Brain Injuries
		Back & Neck Injuries
		Municipal Accidents
		
			Train / Light Rail / Bus Accidents
		

	

	Worker’s Compensation
	
		How To
		
			File a Workers’ Compensation Claim
			Getting Treatment
		

		Construction Accidents
		Eligibility for Benefits
		FELA
		Have You Been Denied Workers’ Compensation?
		On The Job Injuries
		Work Injuries
		Third Party Claims Work Injuries
	

	Social Security Disability
	
		Appealing an SSD Denial
		Common Mistakes When Filing SSDI
		Filing Social Security Disability
		The Social Security Disability Process
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		Disability Medical Blue Book
		SSD Work Requirements
		Overpaid SSDI Benefits
		Underpaid Social Security Benefits
	

	Product Liability
	
		Mass Tort
		
			Consumer Product Defect
			
				3M Combat Earplugs
				Asbestos & Mesothelioma
				Round Up
				Talcum Powder
			

			Medical Product Defect & Malpractice
			
				Breast Implants
				Defective Hip & Knee Implants
				Stryker Hip Implants
			

		

	



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