Bankruptcy Attorney in Dayton, OH

Why Choose Our Bankruptcy Lawyers in Dayton?

The bankruptcy process is complex, and making mistakes can result in complications that can make your situation worse. That’s why it’s important to have an experienced Dayton bankruptcy lawyer guide you through the process. While there are many attorneys out there, it is important to find one you not only feel comfortable with but who has the experience and track record necessary to see you through your bankruptcy successfully. Here are some reasons why we feel you should choose our FCW Dayton bankruptcy lawyers:

• We are affordable. We understand that you are already having financial problems, so we strive not only to keep our fees low, but, if necessary, to work with you to arrange affordable plans for payment prior to filing. By efficiently analyzing your situation and your options, we can prevent you from making mistakes that can wind up costing you more in the long run.
• We know how to negotiate with your creditors and try to get them to slow down their collection attempts to allow you time to obtain the funds you need to file.
• We provide trusted advice. We understand the distinctions between the various types of bankruptcy and can provide the best legal advice to help you decide which is the best way to protect your assets and get back on the road to financial freedom.
• We are thorough. We make sure everything is done correctly so that there will be no delays in getting you the debt relief you need.
• We are experienced. Founding attorney Tom Fesenmyer has been practicing law since 2001, and has personally filed several thousand cases to help people get out of financial difficulty. Our law practice focuses solely on bankruptcy, debt relief, and related matters.
• We are available to answer your questions and concerns and have the backup staff, paraprofessionals and legal assistants to prepare your case properly.
• We offer free, confidential, and personalized consultations to discuss your individual situation and determine the best way to help.

When you hire our Dayton bankruptcy attorneys, we will make sure everything is filed correctly and your fees are paid in a timely manner. We will appear in court on your behalf, file motions to eliminate liens and respond to objections from creditors. We are here to walk you through the entire bankruptcy process and make sure you get the debt relief you are entitled to.

Let our Dayton bankruptcy lawyer handle all legal hurdles involved with getting you out of debt so you can focus on rebuilding your life.

Call now to get started 937-222-7472

Our Bankruptcy Lawyer in Dayton, OH, Explains How Bankruptcy Works

Understanding What Bankruptcy is and Whether You Qualify

The federal bankruptcy code provides several ways to file for bankruptcy, depending on the circumstances involved. There are two major types of personal consumer bankruptcy — Chapter 7 and Chapter 13, and our Bankruptcy lawyers in Dayton, OH, will explain the differences when determining which you qualify for.

Chapter 7 bankruptcy in Dayton is the most common form of bankruptcy, and it will eliminate most or all debts — but you can use it only once every eight years. It’s quick and over in a few months, so you can begin rebuilding credit. There are exemptions listing types of property that are protected in a bankruptcy, but it is advisable to consult with an attorney to confirm that your particular property is protected. Exemptions can include clothing, cars, equipment used for work (like tools) and household furnishings. If you do not own a great deal of property, your possessions may all be exempt, qualifying you for a “no asset” case.

Not everyone is eligible for Chapter 7 bankruptcy protection. Your income and debt will be subjected to something called a “means test” to determine whether you qualify. The means test takes into account:

• your monthly income
• your debts
• other aspects of your financial situation.

If your average monthly income for the past six months is below the Ohio median for your size household, you meet the requirements (section 707(b)(2)) to qualify for Chapter 7. You can review the median income levels at https://www.justice.gov/ust/means-testing.

If you are not eligible for Chapter 7, filing for Chapter 13 bankruptcy in Dayton is an option. Under Chapter 13 bankruptcy, you can consolidate payments to repay some or all of your debt affordably over a three- to five-year period. This plan is best for those who don’t qualify for Chapter 7 and who want to keep an asset such as a car or a house. Under Chapter 13, harassing calls and letters from creditors stop, and once you successfully complete the payment plan, dischargeable debts covered by the plan are eliminated.

As you can see, bankruptcy is an orderly, step-by-step process designed to put you on a stronger financial footing so you can move forward with confidence. By taking this opportunity and learning lessons along the way, you can be well-positioned for a successful financial future.

Be aware that exemption laws do not protect all property; a bankruptcy filing does not discharge all types of debts, and there are some creditors that may be able to seize your property. The bankruptcy attorneys at Fesenmyer Cousino Weinzimmer understand each of these distinctions and can provide the best legal advice to protect your assets and provide financial freedom. Call us today for help: 937-222-7472.

Bankruptcy Attorneys in Dayton, Ohio, Provide Relief

Debt is putting more pressure on Americans, causing problems with not only finances, but touching on all areas of their lives. When debt mounts up, it creates enormous stress on individuals and families. You’re likely to be less productive at work, and your family life is likely to be affected. Financial pressures lead to arguments over money and feelings of resentment and become a major cause of divorce. The stress can also cause children to act out or retreat inward, which can lead to isolation, discouragement and falling grades at school. It’s amazing how uncontrollable debt affects every single corner of life. And adding to the stress is the accompanying harassment by creditors and the fear of repossession of your property and foreclosure on your home. Even the strongest people and families can’t survive long under this kind of pressure.

Rather than allowing this scenario to continue, it may be time to seek relief through the legal system. Bankruptcy is a viable option for lowering your debt load, lifting the stress on your family, and taking steps to create a more carefree and productive future. There is nothing to be ashamed of if pursuing bankruptcy is the right thing to do. Many, many families find themselves in financial trouble through little or no fault of their own. Unexpected medical bills and job loss are some of the most common causes for considering bankruptcy. If you find yourself in this position, it may be time to reach out to our Dayton bankruptcy attorneys and get the process started.

You may be worried that hiring a lawyer will only bring you more debt. It makes sense that you’d be worried about that, but as you read along you’ll find out why it’s so important to get an experienced Dayton bankruptcy attorney on your side.

In Ohio, the most common sources of debt are:

Medical Debt – Medical debt is the most common cause of bankruptcy in Ohio. Even for those with insurance, a major medical problem can cause bills to mount.

Because people often take on additional credit card debt to cover medical bills, debt increases rapidly. No one plans to get sick, and many are financially unprepared for an unexpected serious illness. Even with significant savings, a health crisis can deplete finances quickly, causing immense stress, debt and few financial answers.

Credit Card Debt – Unpaid credit card debt carries very high interest rates that rapidly creates even more debt. Unless a person is prudent and aware, out-of-control credit card debt can spiral quickly, creating a financial quicksand that is hard to get out of.

Mortgage Debt – Certainly, owning a home is part of the American Dream, but that doesn’t mean everyone is prepared to take on a mortgage. And with sometimes unscrupulous lending practices by banks, consumers can get into mortgages that they can’t keep up with or afford over time. Once a person falls behind on a mortgage, it can be extremely hard to catch up and homes can fall into foreclosure.

Student Loan Debt – This is especially burdensome for millennials, who also have the pressure of wanting to buy and furnish a home and start a family. And those with student loan debt are more likely to take out a car loan, another large debt burden. While student loans are rarely dischargeable under bankruptcy, relieving yourself of other consumer debt can make it easier to meet monthly student loan payments.

If you have a combination of these types of debt, it can certainly take over your financial life. But that doesn’t mean that there is no hope. With financial counseling, a prudent plan and, yes, sometimes bankruptcy, families can extricate themselves from overwhelming debt and begin again.

Bankruptcy Lawyers in Dayton, OH, Answer FAQs

If you are considering filing for bankruptcy, you probably have many questions and concerns. While these are best addressed in your free consultation, here are some answers to questions our bankruptcy lawyers in Dayton are often asked.

What Am I Allowed to Keep After Bankruptcy?

There are Ohio exemptions that list what you are allowed to keep after bankruptcy, and amounts change every three years. Some of the most commonly used exemptions in Ohio include:

• Homestead for one parcel of real or personal property you or your dependent uses as a residence, including a house, manufactured, or mobile home.
• Personal Property, including some cash, a certain value in one motor vehicle, household goods, such as furnishings and appliances, jewelry, and one burial lot
• Wages — 75% of your wages are exempt.
• Pensions — You may keep income you receive from the following pension plans:
  • Private pensions
  • Tax exempt retirement accounts, including 401(k), 403(b), and profit-sharing plans
  • IRAS and Roth IRAs to a certain amount
  • State teacher retirement system
• Benefits — Benefits that are protected under Ohio law include: workers’ compensation benefits, disability assistance payments, unemployment compensation benefits, vocational rehabilitation benefits, crime victim’s compensation received during 12 months before filing, and earned income tax credit and child tax credit.
• Wildcard — Ohio’s wildcard benefit allows you a certain amount of value in any property.
• Support – You may keep spousal or child support that is reasonably necessary for support.
• Tools of the Trade -for books, and tools of your trade, occupation, or business
• Miscellaneous — 529 savings plans

What Happens If I Make a Mistake When Filing for Bankruptcy?

Making mistakes can be costly, as you may miss exemptions, lose nonexempt assets, or lose the ability to complete the bankruptcy and discharge your debts. In extreme situations, where it is suspected your mistakes were for fraudulent purposes, you may be faced with criminal charges for fraud.

What Debts Remain After Bankruptcy?

While bankruptcy will eliminate most dischargeable debts, Ohio exemption laws do not protect you from every debt or creditor. There are certain debts that are “nondischargeable” and may include child support, most student loans, most tax debts and debts incurred as a result of fraud or theft. However, while bankruptcy may not discharge every debt that you have, it can be the best remedy available to solve the greatest number of your debt difficulties.

In addition, secured property used as collateral, such as for a car loan or house mortgage, can still be taken in bankruptcy. All of these intricacies of bankruptcy can be explained to you by our Dayton bankruptcy attorney.

How Much Does a Bankruptcy Lawyer in Dayton Cost?

Attorney fees vary, based on factors such as how complicated your case is and which chapter you are filing under. Attorneys typically charge more to handle Chapter 13 cases, which are more complex than Chapter 7. Attorneys also charge more if there are special issues that require spending more time to resolve. Our bankruptcy lawyers in Dayton offer free consultations where we will explain how we charge and give you an advance estimate of what your fees should be.

When you have our Dayton bankruptcy lawyers on your side, we will be there to answer your questions and walk you through the entire bankruptcy process. Delaying can only make your situation worse, so call us today at 937-222-7472.

Why You need a Dayton Bankruptcy Attorney

There are many reasons why you are better off having a Dayton bankruptcy attorney handle your case. These include:

1. It Can Cost More to Not Have an Attorney

Dayton residents who are considering filing for bankruptcy may be tempted to try to save money by doing it alone, but this can actually cost more in the long run. If you omit or improperly list a creditor in your filing, you may still have to pay that debt after the bankruptcy is completed. Or, in another scenario, if your filing is flawed or incomplete, your petition for bankruptcy may be denied. By hiring a skilled and experienced Dayton bankruptcy lawyer, you can avoid these pitfalls. The fees for hiring an attorney are small compared to the financial difficulties that could be created by going it alone.

2. Mistakes Can Hurt You Financially and Legally

The bankruptcy process is complex; if you make a mistake, it can result in losing nonexempt assets, denial of discharge of debt, or, even worse, lead to criminal charges for fraud. These are not things you want to risk. Life is hard enough already with significant debt and the stress that it causes. It’s best to play it safe and allow a Dayton bankruptcy attorney to handle the legal filings on your behalf.

3. You Pay Fees with or without a Lawyer

You still have to pay all the filing and court fees regardless of whether or not you have a lawyer, and even the simplest bankruptcy cases require completing extensive forms, researching exemption laws, and following all local court rules within certain time limits. Let our bankruptcy attorneys handle the forms and research. We can remove the added stress that many have during financial difficulties.

4. You Get the Best Outcome with a Dayton Bankruptcy Attorney

The right Dayton bankruptcy attorney can ensure that everything is done properly and efficiently and that you will wind up in the best financial situation for your individual circumstances. You can trust the lawyers at Fesenmyer Cousino Weinzimmer to give you the best legal counsel possible and guide you effectively through the bankruptcy process.

Our bankruptcy attorneys offer free consultations, and since we understand that you are facing difficult financial circumstances, we structure your fees accordingly. Your best bet is to schedule a free consultation where you can discuss affordability, fee structure, what type of customer service you can expect, and how the bankruptcy process works. We look forward to meeting with you and answering all of your questions. No bankruptcy lawyer could stay in business for long by driving clients into even more debt. Don’t hesitate to get in touch just because you’re not sure how you’ll be able to afford an attorney. It’s one of the first things we’ll talk about.

Cost of a Dayton Bankruptcy Lawyer

The filing fees you will have to pay when filing for bankruptcy in Dayton are the same as in the rest of the state and in all states of the country. Costs for an attorney are additional, but they vary according to the individual attorney, which Chapter you file under and how complicated your case is. Usually, attorneys charge more for Chapter 13 cases, which are more complex, and for cases with special issues, such as where additional motions need to be filed.

Bankruptcy attorneys in Dayton sometimes will charge a flat fee for cases that are relatively simple, or they may charge by the hour. You should find out how your attorney charges and get an estimate of what your total bill for the case should be before you hire your attorney. While people struggling with debt may be reluctant to pay attorney fees, our experienced bankruptcy attorneys can anticipate, identify, and avoid potential problems that may result in having to spend thousands of dollars later to fix mistakes.

During your free consultation with us, we can discuss the fees involved and the options available to you.

Consider the Best Option for Your Unique Situation

Bankruptcy is not for everyone, but if it is right for your situation, you need a qualified attorney that can help put you on the road to financial freedom. The bankruptcy lawyers at Fesenmyer Cousino Weinzimmer are dedicated to assisting people through personal bankruptcy in Dayton and have a complete understanding of Ohio bankruptcy law. We are compassionate and knowledgeable, and we take seriously our commitment to help families emerge on a stronger financial footing. You should never be afraid to ask us any legal question, even if you think it’s small and unimportant. That’s what we’re here for – to explain the law and counsel you about the best options available for your unique situation.

Call Our Dayton Bankruptcy Attorneys For Help

If you live in or near Dayton and are struggling with debt, you don’t have to face this by yourself. With guidance, compassion and many years of experience, the attorneys at Fesenmyer Cousino Weinzimmer can lead you to a brighter future.

Our Dayton bankruptcy attorneys will provide you with a personalized case evaluation and counsel regarding debt-relief options that you qualify for, including Chapter 7 bankruptcy, Chapter 13 debt reorganization, debt settlement negotiations with creditors, and foreclosure defense for mortgage holders. When you come to our Dayton office, we will thoroughly explain the different types of bankruptcies and the fees involved and then walk you through each step of your bankruptcy process to make sure everything is done properly.

Remember: The initial consultation is free. You don’t risk anything by having an experienced legal professional advise you on your best options moving forward on the path to a brighter future that makes sense in your individual case.

Learn about your options. Get debt relief. Move forward with your life. Talk to a bankruptcy lawyer in Dayton, Ohio, today. Call us at 937-222-7472.