Cincinnati Bankruptcy Lawyer

When should you file for bankruptcy?

Knowing when to file for bankruptcy varies on a case-to-case basis. But if you’re considering filing for bankruptcy in Cincinnati, Ohio, here are things to remember:

• You must have lived in Ohio for at least the past 6 months.
• You can file for bankruptcy if your debts are unmanageable and you’re facing actions like wage garnishment, foreclosure, or lawsuits from creditors.
• You can file for bankruptcy if your income is below Ohio’s median household income or you cannot pay your debts at once and want to do it in installments.

Our bankruptcy lawyers in Cincinnati can help you determine the best time to file for bankruptcy based on your financial situation.

What are the different types of bankruptcy?

In Cincinnati, Ohio, individuals can file two types of bankruptcies: Chapter 7 and Chapter 13.

Chapter 7 bankruptcy

Otherwise known as liquidation bankruptcy, Chapter 7 allows you to start fresh by eliminating most of your unsecured debts. To be eligible to file for Chapter 7 bankruptcy, you must pass the ‘means test,’ which requires that your household income must be less than the Ohio median. Commencing the filing process requires completing a pre-bankruptcy credit counseling class within 180 days of filing a petition for Chapter 7 bankruptcy with a federal court.

Once you file the petition, an automatic stay goes into effect. This keeps creditors from harassing you and stops foreclosure, wage garnishment, and debt collection lawsuits. Afterward, the court will appoint a bankruptcy trustee to oversee your case; part of their duties include reviewing your financial documents, liquidating non-exempt assets, and distributing the money to creditors.

Also, Chapter 7 bankruptcy is used for unsecured debts like credit card debts, medical bills, and other personal loans. However, secured debts like child support, alimony, specific tax debts, and student loans are not discharged. Ohio provides exemptions for properties you can keep.

Our attorneys at Fesenmyer Cousino Weinzimmer will work with you to gather your financial data, submit all of the necessary forms to the court, and meet all filing deadlines.  We will use our experience working with bankruptcy trustees to represent what is in your best interests.

Chapter 13 bankruptcy

A Chapter 13 bankruptcy (also called reorganization bankruptcy) allows you to reorganize assets, consolidate your payments to avoid fees and fines, and repay some or all of your debt affordably over three to five years. Chapter 13 bankruptcy lets you repay a portion of your unsecured debts, and you may be able to save your home from foreclosure and your vehicle from repossession.

To be eligible for Chapter 13 bankruptcy, you must have a regular income that is enough to cover your living expenses and make monthly payments toward your debt. The debt limits for Chapter 13 bankruptcy are based on the Consumer Price Index, which changes every three years. When filing for Chapter 13 bankruptcy, you must submit a proposed repayment plan detailing how you will pay off your debts within a specified period.

Like Chapter 7 bankruptcy, filing a bankruptcy petition triggers an automatic stay and keeps creditors at bay. The court will appoint a trustee to schedule a creditors‘ meeting to discuss your income and repayment plan. Afterward, the court will hold a confirmation hearing to review the proposed repayment plan and entertain any objections from creditors.

Whether you’re filing for Chapter 7 or Chapter 13 bankruptcy, our Cincinnati bankruptcy lawyer can guide you through the process and ensure you meet all filing deadlines.

Can your bankruptcy filing be dismissed?

Yes, and there are several reasons why this might happen. They include the following:

• Not completing the pre-bankruptcy credit counseling class within 180 days before your bankruptcy filing or not filing a certificate of completion with the court
• Not filing required bankruptcy forms with the Ohio bankruptcy court
• Failing to pay court filing fees to start a bankruptcy case or failing to get court approval for a fee waiver or an installment plan
• Failing to provide requested documents such as tax returns, pay stubs, and mortgage statements within the specified time frames
• Not appearing at the creditors’ meeting in front of the bankruptcy trustee
• Not making your Chapter 13 payments on time or not making alternative arrangements with the bankruptcy trustee to catch up
• Disobeying court orders

Our law practice focuses solely on bankruptcy, debt relief, and related matters, and we are dedicated to every client we represent.

Cincinnati bankruptcy lawyer FAQs

Our attorneys are always available to answer any questions about filing for bankruptcy and will shed light on any unclear process. Here we have answered some frequently asked questions:

What happens if my case is dismissed?

If you make a mistake that gets your case dismissed by the bankruptcy court, you will start from the beginning. This means refiling all your documents and paying additional filing fees.

Will filing for bankruptcy wipe out my student loan?

In most cases, filing for bankruptcy will not wipe out your student loan debt as it falls within secured and non-dischargeable debts. However, there are exceptions if you can prove undue hardship. Our lawyers can assess your case and help determine whether you qualify to file for an exemption.

What should I do if my creditors keep calling? 

If creditors keep harassing you after you file for bankruptcy, you can inform them of the automatic stay and that they are no longer allowed to contact you.  You can also direct them to call your attorney’s office.

How long does it take for the bankruptcy process to conclude in Cincinnati, Ohio?

The timeline for the bankruptcy process varies depending on each case’s specifics and the type of bankruptcy filed. Chapter 7 bankruptcy can conclude within months (usually four to six months), while Chapter 13 could take years — three to five — due to the time it takes to discharge the debt.

How our bankruptcy lawyers in Cincinnati, Ohio, can help you

The importance of having a legal team when filing for bankruptcy cannot be overemphasized. This is because the bankruptcy process is complex and requires multiple forms and documents to be filed with the court as well as being aware of multiple deadlines.

When you retain our services, you will be working directly with the attorney who will be handling your case. We will review your finances to determine which filing method is best for you and which method you qualify for. Our attorneys ensure the schedules and other pleadings are completed correctly and uploaded to the court on time. Furthermore, we will ensure you attend all the mandatory meetings and do not make mistakes that can jeopardize your petition.

Our bankruptcy attorneys at Fesenmyer Cousino Weinzimmer are here for you!

Although filing for bankruptcy can be difficult, our attorneys do everything we can to expedite the process and make it as easy as possible. When you contact our office, you can meet with one of our attorneys, who will listen to you and help you tackle your debt. We aim to get you on the path to a brighter financial future and are dedicated to doing so.

You can make a fresh start and see better days ahead.  The sooner you commence the bankruptcy process, the better. Contact Fesenmyer Cousino Weinzimmer today to get started.