Bankruptcy Law
Median Family Income in Ohio as of May 15, 2015
A term you might often hear when discussing or researching information about bankruptcy is “median family income.” If you do not know what this means you are not alone. However, the Median Family Income in Ohio amount is very important when trying to figure out how you can file for bankruptcy protection. A calculation that is…
Read MoreCommonly Asked Bankruptcy Myths
No area of law is more fraught with myths than bankruptcy law. When you are considering filing you will hear all kinds of bankruptcy myths – information which is half-true, misleading or outright false. Like a mythical mermaid which some say lure a sailor to their deaths, and others say are angels of the deep, bankruptcy…
Read MoreProtecting Your Property: Bankruptcy Exemptions in Ohio
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…
Read MoreContact Ohio Estate Attorney David J. Smith Today
I am Dayton Bankruptcy Attorney and I enjoy helping individuals and families navigate through their tough financial times. I focus my practice on consumer Bankruptcy law (Chapter 7 and Chapter 13 bankruptcies), and I am licensed to practice throughout the State of Ohio and in the United States District Courts for the Northern and Southern Districts…
Read MoreAsset Forfeiture and Bankruptcy
Bankruptcy Can’t Stop Criminal Asset Forfeiture If you are facing asset forfeiture for a criminal act you have committed, don’t look to bankruptcy to take care of your problems. Under the well-established relation-back doctrine, the Government’s interest in property vests at the time of the offense giving rise to the forfeiture, and the property subject…
Read MoreFiling Time Limits in Bankruptcy
How often can I receive a discharge of debts through bankruptcy? Although you can file bankruptcy as many times as you want, you can only obtain a discharge – wiping your debts away – periodically based on what chapter you have filed. CHAPTER 7: If you have received a discharge in a Chapter 7…
Read MoreBankruptcy Basics: Watch out for Bankruptcy Crimes
When filing bankruptcy, always tell the truth! When filing for bankruptcy protection, a debtor must be honest and accurate in dealing with the court or face serious consequences, including being charged with a crime. The court requires debtors to divulge all assets and debts to insure the protection of creditors. By signing your petition, you…
Read MoreHow Long Does a Bankruptcy Take?
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…
Read MoreWho is not eligible for a Chapter 7 discharge?
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…
Read MoreCredit Counseling Requirements in Bankruptcy
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…
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