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Cincinnati Personal Bankruptcy Attorney
Bankruptcy is a way to get a “fresh start” for individuals who are struggling with debts that become unpayable. Often people are already having financial difficulty and then are hit with additional problems, such as job loss, uninsured medical expenses, or divorce.
Debts mount up, and harassment by creditors becomes overwhelming. You don’t have to continue to struggle and fall further into debt. There is a legal alternative. Our bankruptcy lawyers in Cincinnati know that financial problems can happen to even the most well-intentioned people.
We believe that attorney fees should consider an individual’s circumstances and be reasonable enough to prevent debtors from sinking deeper into debt. That’s why we provide affordable bankruptcy services to our clients in addition to free initial consultations.
Our Cincinnati bankruptcy lawyers are compassionate and care about the well-being of our clients. If you live in the Cincinnati area and are considering filing for bankruptcy, get in touch for a free consultation.
Why Choose Fesenmyer Cousino Weinzimmer
Bankruptcy cases are complex cases that are held in federal bankruptcy courts. You must choose the correct method of filing bankruptcy, or the court will dismiss your claim and make you start over. The court will also dismiss your claim if you miss any deadlines.
The bankruptcy attorneys at Fesenmyer Cousino Weinzimmer have many years of experience handling both Chapter 7 and Chapter 13 cases.
Our attorneys work with you to gather your financial data and input it into the format the court requires. We also use our experience working with bankruptcy trustees to represent what is in your best interests.
A Cincinnati Bankruptcy Attorney is the First Step Toward a Fresh Start
Sometimes people facing overwhelming debt can feel frozen, unsure of what to do next. They avoid answering the phone and let mail pile up unopened. They feel trapped and don’t want to face creditors’ harassing phone calls and angry letters.
We understand. Our Cincinnati bankruptcy lawyers have worked with many people who feel just like you do. There is a way out. There is a brighter tomorrow. Our attorneys offer every client compassion and understanding, and we take on the legal burden so you don’t have to.
We offer a free initial consultation, so call us at 877-654-5297.
How We Can Help
Even the seemingly simplest bankruptcy is complex. You must go through all your finances and input them into the bankruptcy court’s schedules and other pleadings. We can help you gather your financial documents, especially when you need to procure them from a third party.
We also review your finances to determine which method of filing is best for you and which method you qualify for. The bankruptcy court requires its pleadings and documents in a certain format and prefers to have attorneys upload the documents to the clerk as opposed to doing paper filings.
We will ensure that the schedules and other pleadings are completed correctly and uploaded to the court on time. The bankruptcy court also requires you to attend a 341 Meeting — a meeting of creditors.
Your attorney attends this mandatory meeting with you to guide you through some of the questions your creditors and the bankruptcy trustee ask. The bankruptcy attorney also ensures that you meet all requirements of the bankruptcy court so that the court doesn’t dismiss your case.
The Most Common Types of Bankruptcy Are Chapter 7 and Chapter 13
Chapter 7 Bankruptcy
A Chapter 7 bankruptcy is over relatively quickly and allows you to eliminate many types of unsecured debt, such as medical bills and credit cards. It requires that you liquidate your assets, except for those that are exempt.
However, there are Ohio exemptions that may allow you to keep most of your property, which may include cars, work-related tools, and basic household furnishings. Chapter 7 is often the route chosen by individuals who have debt that far exceeds their income.
Chapter 13 Bankruptcy
A Chapter 13 bankruptcy allows you to reorganize assets and consolidate your payments to avoid fees and fines and repay some or all of your debt affordably over a three- to five-year period. 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.
A trustee distributes money to your creditors so that you no longer have to deal with them. This way, you are relieved of the harassing phone calls and letters from creditors. If you successfully complete the court-approved payment plan, the debts covered by the plan are discharged and you can keep most assets.
Also, Chapter 13 bankruptcy allows you to pay a portion of your attorney fees through a repayment plan. Ohio has an automatic stay that prohibits most creditors from collection activity, such as harassing phone calls, lawsuits, garnishments, repossessions, and foreclosures.
However, there are some “non-dischargeable” debts that bankruptcy will not eliminate, including child support, most student loans, and most tax debts. Once you file, both types of bankruptcy provide protection from your creditors.
That means you can catch your breath, regroup, and begin again. If you have additional questions about which of your debts may be dischargeable and which are not, we’d be glad to talk to you about that. Give us a call at 877-654-5297.
Common Reasons a Bankruptcy Filing is Dismissed
Here are some common reasons why a bankruptcy filing may be dismissed:
- 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, will cause your bankruptcy filing to be dismissed. If you cannot afford to pay credit counseling fees, you must request a fee waiver from the counseling organization before the session begins.
- Not filing required bankruptcy forms with the Ohio bankruptcy court will cause your bankruptcy filing to be dismissed.
- Not paying court filing fees to start a bankruptcy case or failing to get court approval for a fee waiver or an installment plan will cause your bankruptcy filing to be dismissed.
- Not providing requested documents such as tax returns, pay stubs, and mortgage statements within the specified timeframes will cause your bankruptcy filing to be dismissed.
- Not appearing at the creditors’ meeting in front of the bankruptcy trustee will cause your bankruptcy filing to be dismissed.
- Not making your Chapter 13 plan payments on time or not making alternative arrangements with the bankruptcy trustee to catch up will cause your bankruptcy filing to be dismissed.
- Not obeying court orders will cause your bankruptcy filing to be dismissed.
Call Our Cincinnati Bankruptcy Lawyers Today
Though filing for bankruptcy can be a difficult step, our attorneys do everything we can to expedite the process and make it as easy as possible. When you contact our office, you will be able to personally meet with one of our attorneys.
Our attorneys specialize in bankruptcy and have helped thousands of families tackle their debt and get on the path to a better financial future. We want you to focus on your fresh start and the brighter days that lay ahead of you. Start the process today by calling us at 877-654-5297.
Understanding Bankruptcy in Cincinnati
People who file for bankruptcy typically have large amounts of credit card and other debt and then have bad luck such as losing a job, going through a divorce, or being hit with uninsured medical expenses. Interest and penalties mount up until they can’t pay their debts.
An affordable bankruptcy can give you a chance for a “fresh start” in life under the protection of the federal bankruptcy court. However, the more complex your bankruptcy situation, the more you need the help of a bankruptcy attorney.
At your free consultation, you will be able to discuss how fees will be paid and how to structure payments so they are affordable. You can also ask questions about what type of assistance and customer service you can expect, the attorney’s past results with bankruptcy cases, and what debt relief solutions will work best for you.
We understand how important these questions are to you. Remember: the initial consultation is free, so you have nothing to lose by learning about your options. Get in touch and start your journey to financial well-being today.
Cincinnati Personal Bankruptcy FAQ
What happens if my case is dismissed?
If the bankruptcy court dismisses your case, you will have to start over, and that includes paying additional filing fees.
What is the means test and do I have to take it?
The means test determines whether you qualify for filing Chapter 7. It takes into account your average monthly income for the past six months. If your income is much lower than your debt, you might not qualify for Chapter 13 reorganization and will be required to file Chapter 7 liquidation.
What do I do if my creditors keep calling?
Ohio has an automatic stay, and when your bankruptcy is filed, this “automatic stay” is put in place. This “stays” any open court cases and collections. If a creditor continues to call after being notified that you have entered bankruptcy, tell the creditor that you have filed for bankruptcy and that he/she should contact your Cincinnati bankruptcy lawyer for more information.
Does bankruptcy wipe out student loans?
In most cases, bankruptcy does not cancel student loans. You will need to make arrangements to pay them.