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Chapter 7 Bankruptcy and Taxes

People are often confused when it comes to  Chapter 7  bankruptcy and taxes, as it is a common belief that bankruptcy cannot eliminate (discharge) tax debt.  Fortunately, this is not always the case.  While -most taxes are not dischargeable, you may be able to discharge federal, Ohio, and local income tax debts through Chapter 7 -- if they meet certain qualifications. If you do not qualify to file Chapter 7, you may be able to discharge some tax debts through Chapter 13 bankruptcy, as well. Bankruptcy, a legal way to… CONTINUE READING

Can I Declare Bankruptcy on Student Loans?

Student loan debt is an ever-increasing problem in the United States and has become the second highest consumer debt category, right behind mortgages. Money owed on student loans has reached $1.5 trillion, and the average student in the Class of 2016 has $37,172 in student loan debt. Ohio is among the worst states for student loan debt, rating No. 5 on financial planning website WalletHub’s list of worst states for college debt. Since many people cannot find a job after graduation with pay high enough to meet expenses and cover… CONTINUE READING

Can I File Bankruptcy on Credit Cards and Keep My House?

Credit cards are one of the easiest, but most expensive, ways to borrow. People who don’t pay them off in a timely fashion or only pay the minimum balance often wind up in situations with interest rates that can reach almost 20 percent leading to debt that snowballs quickly, accumulates, and never gets paid off. According to the American Bankers Association, 43 percent of card holders carry a balance each month, and the Federal Reserve reports that outstanding card debt hit a record $1.023 trillion in November 2017.  Rising credit card… CONTINUE READING

Why Do Some People Choose Chapter 13 over Chapter 7?

Chapter 7 is the most common form of bankruptcy and has certain advantages, but that doesn’t mean it is the best solution for you.  Depending on your situation, Chapter 13 bankruptcy, which allows you to consolidate your payments and repay some or all of your debt affordably over a three- to five-year period, may be more advantageous. How do you know which form of bankruptcy is right for you?  If you are facing a situation where your debt is getting to be more than you can handle, there is help… CONTINUE READING

Divorces Caused by Student Loan Debt?

Student loan debt takes such a big toll on marriage that it can even lead to divorce.  Financial problems are the leading cause of stress in a relationship, and student loan debt, which now stands at an all-time high of $1.5 trillion, can be a burden that becomes too much to bear. The debt puts tremendous pressure on young couples who are struggling to get established in their careers and wish to buy a home or start a family. The average outstanding balance for student loans is now $34,144, up 62 percent… CONTINUE READING

Should You Get Rid of Credit Cards After Bankruptcy?

If you’ve declared bankruptcy, you may feel that you never want to see a credit card again, especially if using cards irresponsibly is what got you into financial trouble in the first place.  However, getting a credit card after bankruptcy or retaining a current card can be a smart move under certain conditions. Bankruptcy damages your credit score, and it is important to rebuild it gradually.  If you charge only what is necessary and get into the habit of always making on-time credit card payments, it is one of the… CONTINUE READING

Can You Go to Jail for Credit Card Debt?

Debt collectors cannot arrest you for credit card or other consumer debt, but they can take you to court and sue you for payment. And, under certain circumstances, debt can lead you to jail for fraud, theft, or defying a court order. Whatever the source of your consumer debt, if you find yourself overwhelmed with debt, your best bet is getting legal advice. The skilled and seasoned Ohio bankruptcy attorneys at Fesenmyer Cousino Weinzimmer understand that money problems can happen to even the most well-intentioned people.  We offer a free consultation to… CONTINUE READING

Can Creditors Garnish Wages?

If you can’t pay money you owe, creditors may take steps to garnish your wages and withdraw money directly from your paycheck. In most situations, both federal and Ohio state law limit garnishment to 25% of your wages, and most creditors must file a collections lawsuit in court and receive a money judgment first. But once the courts give them this judgment, creditors can keep collecting money from every paycheck until the debt is paid. Having your wages garnished is embarrassing, leaves you even shorter of money, and has other… CONTINUE READING

The Consequences of Medical Debt on Your Credit Score

Medical bills, like any unpaid debt, can do major damage to your finances and your credit score. Nearly 3 in 10 Americans, even those who had insurance, had an unpaid medical debt sent to a collection agency, according to a recent Consumer Reports survey. According to the National Consumer Law Center, medical debts are a huge portion of the negative information in credit reports, making up about half of debt collection amounts on these reports and affecting 43 million Americans. Having a low credit score has wide-reaching effects by making… CONTINUE READING

Who Inherits Debt After Death?

When a close family member dies, are you going to be stuck having to pay their debts?  Will you find yourself getting harassed by creditors and debt collectors for debts you didn’t even run up or benefit from? The answer depends on the situation. When people die, their estate goes into probate, and the estate owes the debt. Debts must be paid before heirs can receive their inheritance, and secured liens such as a mortgage on a house or a car loan, will be paid first.  Creditors are notified of the debt,… CONTINUE READING

There is no shame in wondering “how do I get out of payday loan debt?” Life happens. The roof springs a leak, the car needs new tires, or an unexpected illness lands you in the…

If your creditors file a lawsuit and get a judgment against you, they are allowed to repossess your vehicle and other property, foreclose on your home, and garnish your wages. Not only can you lose…

Overwhelming debt can cause problems in all areas of your life, from being less productive at work to having money arguments at home that can lead to family breakdown. Adding to the stress is the accompanying…

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