lawsuit

When you receive a lawsuit from a court – be proactive and don’t ignore it! When a lawsuit is filed and served upon the clock starts ticking.  The Court will send out the lawsuit via certified mail.  The legal process does not stop if you simply ignore this notice.  If mail goes unclaimed the next step is for…

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When you file for bankruptcy protection everything that you own becomes property of your bankruptcy estate.  But what happens to property you acquire after you file bankruptcy?  Typically, after acquired property is of no concern; however, if you inherit property after your case is filed timing becomes important. 11 U.S.C. § 541 puts forth a complete…

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If you receive paperwork from a court – don’t ignore it!  When a lawsuit is filed and served upon the debtor the clock starts ticking on when you must act.  In Ohio once a complaint is served the answering party has twenty eight (28) days to appear and defend yourself.  If the 28th day happens…

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Bankruptcy and gambling debts became a more relevant topic in Ohio in November 2009 when Ohio voters approved a constitutional amendment allowing four casinos to be built and operated in the cities of Cincinnati, Cleveland, Columbus and Toledo.  Gambling debts by Ohioans have increased after the opening of these four casinos and the continued growth of…

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A major concern people have when considering filing for bankruptcy protection is how to keep their property.  The amount of property you are allowed to keep depends on the Bankruptcy Exemptions in Ohio that you claim.  These exemptions allow bankruptcy filers to get the fresh financial start they seek while keeping their property. However, there are limits to what…

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  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…

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The automatic stay keeps creditors away!  The filing of a bankruptcy case automatically stays (or stops) virtually all collection and other legal proceedings pending against the debtor. After a bankruptcy case is filed, the court mails a notice to all creditors ordering them to refrain from any further action against the debtor. Any creditor who intentionally violates…

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Debt consolidation is not the only option – think before you sign! Debt consolidation is unfortunately an option many bankruptcy clients have exhausted in their search for financial freedom, prior to seeking bankruptcy advice from an experienced bankruptcy attorney, but it shouldn’t be.  Debt consolidation is the combining of all unsecured debt by a company who is paid by…

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Chapter 13 Discharge: Full v. Partial A Chapter 13 discharge is a court order releasing a debtor from all dischargeable debts and ordering creditors not to collect them from the debtor. A debt that is discharged is one that the debtor is released from and does not have to pay. There are two types of…

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The Duties of the Chapter 13 Bankruptcy Attorney In a Chapter 13 bankruptcy, your attorney performs the following functions: Examines your financial situation and determines whether a Chapter 13 filing is a feasible alternative for you, and if so, whether a single or a joint case should be filed; Assists you in the preparation of a budget;…

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