Dayton Bankruptcy Attorney

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 or 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.

A Dayton Bankruptcy Attorney Offers Support and Guidance

If you live in or near Dayton and are struggling with debt, you don’t have to face this by yourself. You may be a candidate for bankruptcy, and a skilled bankruptcy attorney will walk with you through this complicated process. With guidance, compassion and many years of experience, the attorneys at Fesenmyer Cousino Weinzimmer can lead you to a brighter future. We offer a free consultation to help you find the right plan for eliminating or repaying your debts, and we will guide you through each step of the process.

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. We will work with you to explain your options and help you decide on the path to a brighter future that makes sense in your individual case.

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.

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.

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Types of Bankruptcy in Dayton

To start, you need to understand what bankruptcy is and whether you qualify. There are two major types of personal consumer bankruptcy — Chapter 7 and Chapter 13.

Chapter 7 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 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.

What Makes a Good Dayton Bankruptcy Attorney?

A good attorney has to be knowledgeable, competent, efficient, and suit your individual needs. The attorney you choose should be located in the Dayton area, since you will have to make several trips to the office.

The attorney should be someone you feel comfortable with, who is compassionate and understands your individual circumstances, and who can determine the type of bankruptcy that is right for you. The attorney should have extensive experience in bankruptcy, and specialize in bankruptcy, debt relief, and related matters. The attorney should be able to personally meet with you and answer your questions, and be able to prepare your case in a timely manner. And the attorney should be affordable and structure fee payments that you can manage.

Why You need a Bankruptcy Attorney

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.

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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.

What Debts Remain After Bankruptcy?

Ohio exemption laws do not protect you from every debt or creditor. There are “nondischargeable” debts that may include child support, most student loans, most tax debts and debts incurred as a result of fraud or theft. So 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 your bankruptcy attorney.

How our Dayton Bankruptcy Attorneys Can Help

The Dayton Bankruptcy Attorneys at Fesenmyer Cousino Weinzimmer can help because we understand that financial problems can happen to even the most well-intentioned people. We take a personal interest in all our clients and work to find the debt-relief solutions that best fit their individual circumstances. When you hire one of our Dayton bankruptcy attorneys, he or she will be the primary person working on your case and will be available to you for questions and guidance. Although our attorneys are backed by a competent staff, we refuse to cut corners or hand off your case to a paralegal or petition preparer.

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. Our fee structure takes into consideration our client’s financial situation and is reasonable enough to prevent you from sinking deeper into debt. We offer a free consultation to evaluate your entire financial picture and determine which debt-relief solutions and payment plans will work best for you.