Blog

How Long Does a Bankruptcy Take?

By David Smith | July 17, 2014

What is the time table  for bankruptcy? – Depends on the chapter you file How long a bankruptcy will take, from the time of filing until discharge, is one of many concerns clients have when considering whether or not to file.  Although this can depend on many circumstances, it mostly depends on which type, or…

Who is not eligible for a Chapter 7 discharge?

By David Smith | July 9, 2014

Is It Time To File for Chapter 7 Bankruptcy Protection? Generally, the following persons are not eligible for a Chapter 7 discharge: A person who has been granted a discharge in a Ch. 7 case filed within the last 8 years. A person who has been granted a discharge in a Ch. 13 case filed within…

Credit Counseling Requirements in Bankruptcy

By David Smith | July 7, 2014

A Requirement of Filing: Credit Counseling Class In 2005 Congress adopted new bankruptcy laws known as the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), one of the requirements of this new law included at requirement for debtors to obtain credit counseling from a government approved organization within 180 days before filing for bankruptcy…

Free Bankruptcy Consultation: What To Bring To Your Appointment

By David Smith | July 3, 2014

Make the Most of Your Free Bankruptcy Consultation! The following items will help me get to know you so that I can analyze your bankruptcy case as quickly as possible, and leave more of your free bankruptcy consultation to answer your specific questions bankruptcy and how it may affect you.  The items requested are not meant to overwhelm…

Fireworks! What is the Law?

By David Smith | July 2, 2014

Ohio Law Governs Fireworks Q: What kinds of fireworks can be lawfully set off in Ohio? A: Only “novelty and trick” fireworks, such as party poppers and glow worms can be discharged by unlicensed individuals. Section 3743.01 of the Ohio Revised Code defines these novelty and trick items as follows: “(1) Devices that produce a small report intended to surprise…

Heard a Bankruptcy Myth – Don't Believe It!

By David Smith | June 27, 2014

  The Creatures of the Court and Tales of Discharge –  Bankruptcy Myths Debunked No area of law is more fraught with myths than bankruptcy law.  When you are considering filing you will hear all kinds of information which is half-true, misleading or outright false.  Like a mythical mermaid which some say lure a sailor to…

Financial Peace of Mind

By David Smith | June 24, 2014

Obtain Financial Peace of Mind Through Bankruptcy I do what I do because I love hearing a relieved client tell me that they are finally going to be able to sleep at night, or feel as if they are 20 pounds lighter.  Another favorite is the client who tells me they are able to eat…

Credit Card Tips: Be Smart With Your Credit Cards

By David Smith | June 23, 2014

Set Yourself Up for Credit Success with 6 Credit Card Tips Credit cards are viewed as a  necessity of modern life, and by following a few credit card tips, they do not have to be viewed as a necessary evil.  As a bankruptcy attorney, I often see the problems that arise from the misuse and…

Dayton Bankruptcy Law: Discharging Student Loans

By David Smith | June 19, 2014

Discharging Student Loans: Undue Hardship Generally, student loans are not dischargeable in bankruptcy; one of the few debts that categorically remain with a debtor once they have completed their bankruptcy.   In the past, some privately funded education loans could be discharged under Chapter 7 bankruptcy.  However, with the change of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, the definition of a non-dischargeable…

Bankruptcy: Pre-filing Do's and Don'ts

By David Smith | June 11, 2014

Pre-Bankruptcy Do’s and Don’ts If your bills are pilling up and creditors are continually harassing you, but you are not sure that you will have to file bankruptcy, there are some Do’s and Don’ts which may protect some of your property if you do eventually file. DO Continue making payments on vehicles which you intend…