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An Update from DannLaw on Coronavirus and Emergency Legal Issues

Bankruptcy

March 18, 2020 By Marc Dann

Marc Dann - Marc Dann Consumer Fraud & Foreclosure Defense AttorneyAn important message from Marc Dann:

We are open and reachable during normal business hours and beyond and you can reach me on my cell phone at 330-651-3131. Rest assured that I will either be at home or at the office because like you, I’m really not allowed to go anywhere else.  We will be happy to answer any questions you have about your existing case(s) as well as the many coronavirus-related legal issues our friends and clients are facing on an almost hourly basis. If you need to speak to one of our attorneys please use our toll-free line 877-475-8100. We answer 24 hours a day.

Here are several things to remember:

  1.  We can arrange for phone and video conferences for new and existing clients.
  2. You can make retainer payments online. If you are a client of our Ohio office click here: DannLaw Payment Link  Clients of our New Jersey office click here: DannLaw NJ Payment Link
  3. If you are experiencing additional financial hardship related to the COVID-19 emergency and need to make financial arrangements please contact us right away.
  4. We are constantly monitoring legal developments related to the emergency that are important to consumers, borrowers, homeowners, and small businesses. If you have questions or need information please contact us and we will try to find answers for you.
  5. If you are unable to make your mortgage payment or pay other consumer debts please contact us so we can discuss options and alternative strategies. We can’t help you unless and until you contact us.
  6. If you are in Chapter 13 Bankruptcy and are unable to make a Chapter 13 Payment, please contact us ASAP so we can discuss options and alternative strategies.  Working preemptively with the Chapter 13 Trustee and the Court regarding payments will help avoid unnecessary Motions to Dismiss.
  7. For our clients in Chapter 13 Bankruptcy and all other clients: the COVID-19 emergency has not changed deadlines for filing tax returns.

Here are some other important developments:

  1. Ohioans can now apply for and receive unemployment benefits immediately if they are laid off due to the emergency. Click here for information about how to apply online for unemployment benefits.
  2. SBA Loans should be available to Small Business Owners facing financial challenges from the current situation. Click here to learn more.
  3. Judge Brendan Sheehan in Cuyahoga County has issued a 60 day stay on foreclosure sales and on the prosecution of foreclosure cases. See the details here. Please note that all deadlines that apply to those in foreclosure or who are working to resolve disputes with their mortgage companies remain in effect. Rules and regulations have not been adjusted. Lawsuits that have been filed and served must be answered. Any matter that needs to be objected to or appealed would not be covered by this order.  This is good news but please keep in close touch with us about your existing case or any issues you might learn about relating to your mortgage. If you have questions, please email Attorney Whitney Kaster at [email protected]. 
  4. While Cuyahoga County has stayed these cases, many other courts in Ohio have not. One of our Partners, Brian Flick in his role as Ohio Chairperson of the National Association of Consumer Attorneys wrote to Chief Justice Maureen O’Connor on March 16, 2020 asking that she issue guidance to local courts to stay all non-essential Debt Collection and Eviction Cases and to postpone all pending Sheriff’s sales until the State of Emergency Declaration is terminated. If you are in a County that has not adopted emergency procedures staying civil cases, please email [email protected]  He and NACA are committed to ensuring access and due process to all consumers during the pandemic.
  5. Both the Hamilton County Municipal Court and the Court of Common Pleas have issued a 30-day stay of all civil and criminal trials in the Courts (with limited exceptions).  See the details here. This is good news but please keep in close touch with us about an existing case or any issues you may learn of related to your case.  If you have questions, please email Brian Flick at [email protected].
  6. The New Jersey Legislature has enacted statewide mortgage relief including forbearance of payments and a stay on foreclosure proceedings. Here is what we know about it. The same disclaimer applies here:  Please note that all deadlines that apply to those in foreclosure or who are working to resolve disputes with their mortgage companies remain in effect. Rules and regulations have not been adjusted. Lawsuits that have been filed and served must be answered. Any matter that needs to be objected to or appealed is not covered by this order. Javier Merino stands ready to answer all of your New Jersey Consumer Law Questions [email protected]
  7. My earlier post on how to protect yourself if you experience financial hardship is here.
  8. The Ohio State Bar has advice on what your employer may and may not do.
  9. The Veterans Administration has directed servicers to not report to credit agencies or assess late fees to borrowers who are late as a result of the virus.For more information on that contact [email protected]

 

As always we stand ready to help our friends, neighbors and clients as this crisis unfolds. Never hesitate to call 877-475-8100 or email us at [email protected] or [email protected].

Filed Under: Bankruptcy, Foreclosure, In the News, Managing Partner, student loan debt

March 13, 2020 By Marc Dann

Marc Dann - Marc Dann Consumer Fraud & Foreclosure Defense AttorneyWhen I woke up this morning to another stream of stories about the Coronavirus, I wasn’t worried about the impact the growing crisis was having on big banks or the stock market—as has been proved time and again, they’ll recover or be bailed out, or both.

Instead, I was concerned about the people reporters obsessed with Wall Street losses ignore:  people like the guy who was counting on catching up on his Christmas credit card charges by selling hot dogs at the NCAA tournament at Rocket Mortgage Fieldhouse, the Cleveland cop banking on overtime earned by working the St.Patricks Day parade to pay his daughter’s college tuition, and the self-employed vendors who eke out a living selling jewelry and crafts at kiosks during the Cleveland International Film Festival. I’m worried about them because there’s no bailout in the offing for the millions of retail clerks, waitresses, Uber drivers, and other hourly workers who lose billions of dollars in wages as the rest of us follow orders to engage in “social distancing.”

Along with living paycheck to paycheck, many of the workers I’ve described have no or inadequate health insurance. They don’t have paid sick leave. And many are saddled with crushing student loan debt, mortgage payments that consume nearly half their gross income, or are renters who will be evicted quickly if they miss their monthly rent payments.

At DannLaw, our experience helping consumers and homeowners recover from the Great Recession gives us a unique perspective and valuable insight on how people can avoid financial disaster as the coronavirus crisis spreads and what government should do to support working families.

Here is our best advice for individuals and families:

  1. Don’t put your head in the sand. As soon as you know you may not be able to pay one, some or all your bills contact your creditors, explain your situation, and ask for forbearance or other adjustments to your account. It is important for you to communicate with mortgage servicers, credit card companies, landlords and other creditors via letter or email. Make sure to keep copies of all correspondence because it will serve as a  permanent record of what you promise them and what they promise you.
  2. Closely review automatic payments being charged to your credit cards or bank accounts. Avoid costly bank fees and overdraft overcharges by canceling payments you aren’t sure you can make. One overdraft can cause a cascade of bounced checks resulting in hundreds of dollars in NSF charges and late fees that could have been avoided
  3. Don’t try to borrow your way out of the situation. You’re going to see lots of solicitations from “debt consolidation” companies and payday lenders. While these loans may provide short-term relief, their steep interest rates will cause long-term problems that will jeopardize your financial future. Working with existing creditors is a much more sensible and safe approach.
  4. Do not ignore anything delivered to you in person or by regular or certified mail from a court. If you do not respond to a summons or hearing notice you will soon be subject to wage garnishments, bank account attachments or judgment liens. Call a lawyer if you are sued even if you think you can’t afford one because there are often legal defenses to collection actions, evictions and foreclosures. Our firm and many others will provide free phone or in-person consultations. If an attorney finds that fee-shifting or counterclaims exist in your situation they may represent you on a contingency fee basis.
  5. Keep an eye on your credit report. Credit Karma and other free services will notify you immediately if a creditor reports you as delinquent or puts a claim in collection. You may be able to mitigate damage to your credit score by communicating with the creditor or placing an explanation of your situation in your credit report. Contact a lawyer right away if you find that someone is entering inaccurate information in your report. You may be entitled to protection and compensation under Federal Law.
  6. Avoid withdrawing funds from your retirement accounts. Withdrawals will cause tax consequences that you may regret the following year and they are often the only assets people have that are exempt from collection efforts.

Now let’s turn to what government can do to support and protect hourly and self-employed workers:

  1. Suspend the obligation to pay government student loans. Offer immediate forbearance with no accruing interest. This will provide immediate relief to borrowers who are not working or whose income has been reduced. In addition, it will boost the economy by giving people who are still working additional disposable income.  The Secretary of Education and the President could issue forbearance with the stroke of a pen.
  2. Place a moratorium on negative credit reporting for the duration of the pandemic and for a six-month period after the crisis ends. This will enable borrowers who were not in default before the crisis to maintain their positive credit rating.
  3. Suspend tuition payments to state community colleges and universities. Dorm closings are costing Ohio families millions of dollars. Suspending tuitions payments during the crisis will give many parents and self-supporting students the opportunity to stabilize their finances during the crisis. Once the emergency ends payments could be spread out over the years a student remains enrolled or be extended until after graduation.
  4. Allow Fannie Mae Freddie Mac, FHA and VA to suspend their rules governing how often and how many times a mortgage modification may be granted. This move, coupled with forbearance upon proof of reduction or elimination of unemployment will help working people hold onto their homes during this difficult time.
  5. Allow student loans and home mortgages to be modified in bankruptcy. This reform is long overdue and will provide both creditors and debtors with an equitable way to determine how much a borrower can pay while maintaining stable housing and jobs.
  6. Expand unemployment insurance to include sick days related to the outbreak and waive the one week waiting period for the duration of the crisis.

We hope our insight and advice is helpful to consumers and will spur positive action among policymakers at the state and federal level.

Be well and remember, wash your hands—often.

Filed Under: Bankruptcy, Foreclosure, In the News, private student loans, student loan debt

November 13, 2019 By Marc Dann

Today, we’re going to tell you story about good vs. evil, right vs. wrong. The main character in the tale is Riad Ghosheh who owns a home that Ocwen Loan Servicing LLC and PHH Mortgage Services tried to steal. They’re the bad guys.

How bad?

Ocwen/PHH: The bad guys who tried to steal Riad Ghosheh’s home. Nearly 12,000 consumers have lodged complaints about the company with the CFPB.

As of this year, more than 11,000 complaints against Ocwen had been lodged with the Consumer Financial Protection Bureau (CFPB). PHH, which Ocwen acquired in 2018, has been tagged 781 times. Ocwen, a company we’ve fought and written about many times, is truly among the worst of the bad actors that populate the mortgage servicing industry. It won’t come as a surprise that the company no longer operates under the Ocwen name. They decided to hide behind PHH’s relatively clean reputation. But believe us, Ocwen’s back there pulling the strings.

Those are the bad guys. Who are the good guys?

Well us, of course, the DannLaw legal team. When Riad learned that Ocwen/PHH was about to steal his home he contacted us. Here’s a spoiler alert: we saved his house. On October 30, Federal District Court Judge Mark Norris issued a temporary restraining order that stopped the bad guys from moving forward with a foreclosure that was scheduled for November 1. In the wake of Judge Norris’ ruling, Ocwen/PHH has decided to abort its attempt to swipe Riad’s residence. You can read Judge Norris’ order here: tnwd-2_2019-cv-02710-00015 (1)

Talk about riding to the rescue just in the nick of time…

But the saga doesn’t end there. Simply saving Riad’s house didn’t seem like justice to him or us. Ocwen/PHH had put him through a horrible ordeal. They broke the law—in fact, they broke a bunch of them. So we’re using those laws, in particular the Real Estate Sales Practices Act (RESPA) to hold Ocwen/PHH accountable and make them pay for nearly wrecking Riad’s finances and disrupting his life. You can read the complaint we filed against the companies in Federal District Court for the Western District of Tennessee here: Ghosheh Riad 2019 10 18 TS Complaint

Truth be told, we’ve helped hundreds of people like Riad over the years. But his story is both especially compelling and infuriating, so we thought we’d share it, both as a cautionary tale and to illustrate the strategies we use to fight giant banks and mortgage servicers—and WIN.

Here’s our story…

The home Ocwen/PHH tried to steal from Riad Ghosheh.

Riad Ghosheh, who is legally deaf and partially blind, owns a home in Cordova, Tennessee, a community just east of Memphis. Earlier this year, Riad went to Israel for an extended period of time to take care of family business. Before leaving he asked his son to make the mortgage payments on the home and gave him the money to do so.

You can probably guess what happened next: his son didn’t make the payments. Riad returned to the United States and learned that his loan had gone into default. Needless to say, this was not the homecoming gift he expected.

In order to stop the home from going into foreclosure, Riad filed for Chapter 13 bankruptcy on June 3, 2019. As we’ve noted in our blogs and on our website, filing Chapter 13 immediately brings foreclosure actions to a dead stop.

On or about the same day, Riad received a “Streamline Modification Trial Period Plan” (TPP) from Ocwen his loan servicer. Loan modification plans like this are designed to give homeowners the opportunity to prove they can make their mortgage payments and resolve arrearages. They are also supposed to stop foreclosures. Note the use of the word “supposed.” This will be important in just a bit.

The TPP Riad signed and returned to Ocwen well before the deadline set by the company. Ironically, the letter opens with the word “congratulations” and contains the phrase “We’re here to help!” The former was a cruel joke, the latter an outright lie.

If he accepted the proposed TPP, Riad would be required to make three payments of $1,418.15 beginning July 1. If he made the three payments on time, the company would offer him a permanent loan modification plan. Riad signed the TPP on June 18, 2019, and mailed it to Ocwen the same day.

Because he knew he could afford to make the payments called for in the TPP and because the agreement was supposed to prevent Ocwen from foreclosing on his home, Riad allowed his bankruptcy petition to be dismissed. After all, his main reason for filing was to save his home from foreclosure—a threat he supposedly no longer faced.

There’s that word again.

On June 24, Riad, as required by the TPP, made the July payment of $1,418.15. Records show Ocwen received the payment on June 28. He made the August payment on July 24 and the September payment on August 26. Three payments required. Three payments made—early.

So far so good, right?

Look, we told you this was a story of good vs. evil, not a fairy tale. Things were far from good.

Here’s what happened to the three payments:

Ocwen kept the July payment but never applied it to Riad’s loan;

On September 22, PHH, which had taken over the loan, sent the August payment back along with a letter notifying Riad that he had violated the terms of the TPP;

The September payment, which was made nearly a month before PHH sent back the August payment, is MIA. No one at Ocwen/PHH can find it.

Riad was, to say the least, alarmed by these events, so he asked the person who held his power of attorney to contact the bankruptcy lawyer who had filed the Chapter 13 petition on his behalf earlier in the year.

This was a good call on Riad’s part because the bankruptcy attorney was the person who notified him that his house was slated to be sold out from under him on November 1. Ocwen/PHH had never contacted him or his counsel. The lawyer only knew the sale was about to take place because he saw it advertised in the newspaper. It appears the fine folks at Ocwen/PHH who forgot to apply Riad’s July payment to his mortgage then forgot to notify him that they were about to steal his home did remember to advertise the attempted theft in the paper.

At this point, put yourself in Riad’s place. You trusted your kid to make your house payments. He didn’t.

You trusted your mortgage servicer to play by the rules and honor the terms of a mortgage modification plan they offered you. They didn’t.

You assumed that Ocwen/PHH would abide by the laws that govern the mortgage servicing industry. Of course they didn’t. Abiding by the law is not part of their business model.

And as a result of it all, you came within days of becoming homeless—even though you did everything you were supposed to do.

And Riad, like thousands of other people who have been victimized by Ocwen, would have been homeless had he not contacted the DannLaw team.

As we mentioned above, we’ve already saved Riad’s home. Now we’re suing Ocwen/PHH in Federal Court to make them pay for the emotional and physical distress their sordid behavior caused, for damaging Riad’s credit, and for violating both RESPA and Fair Debt Collection Practices Act (FDCPA). Our filing alleges that Ocwen/PHH did the following:

Count One: RESPA Violations

Count Two: Breach of Contract

Count Three: Promissory Estoppel (OK, we know you don’t know what that is, and the explanation is really long and complicated, but take our word for it, Ocwen/PHH did it.)

Count Four: Conversion

Count Five: Unjust Enrichment (This one is easy to understand, it basically means Ocwen/PHH stole Riad’s cash.)

Count Six: Violations of the FDCPA

The best thing is, Riad doesn’t have to pay us to wage this battle on his behalf. If we win the case, Ocwen/PHH will be required to pay our fees and we will receive a small percentage of any damages the court awards.

And the damages part is no fairytale—we’ve won significant financial awards for people like Riad numerous times in courts across the U.S.

That’s our story. We’ll let you know how it ends. But in the meantime, if you or someone you know is facing foreclosure or is being abused by a bank or mortgage servicer, don’t be a victim. Fight back like Riad, by contacting the experienced foreclosure defense attorneys at DannLaw. You can reach us by calling the office near you or by completing the form on our Contact page.

We’ll be happy to schedule a no-cost consultation, provide you with sound legal advice, and help you save your home and win the financial settlement you deserve.

Filed Under: Bankruptcy, Foreclosure, Mortgage Fraud, RESPA Tagged With: Bankruptcy, Consumer Fraud, corruption, Fair Debt Collections Practices Act, Foreclosure Defense, Mortgage Fraud, RESPA

November 1, 2019 By Marc Dann

A recent federal appeals court decision may spell “relief” for Americans buried under private student loan debt held by Navient. In a unanimous decision, a three-judge panel of the Court of Appeals for the Fifth Circuit held that Navient private student loans ARE dischargeable in bankruptcy.

This decision, to put it mildly, IS A BIG DEAL!

We won’t go into the complex legal issues discussed in the Court’s 28-page decision–although you can read it here if you are so inclined:5th cir private loans dischargeable

What matters is the bottom line: Navient debtors may now be able to climb out from under crushing private student loan debt by filing for bankruptcy.

While the ruling is great news, there are some important things you should know:

  • The decision only applies to private student loan debt issued or serviced by Navient. Non-Navient and government-backed loans cannot be erased via bankruptcy. To learn more about how to deal with government-guaranteed indebtedness visit www. https://dannlaw.com/student-loan-debt/
  • Bankruptcy may not be the best way to resolve your private student loan debt problems. The members of DannLaw’s legal team are well-versed in the laws governing both student loans and bankruptcy. We will be able to help you decide if bankruptcy is right for you and determine whether you should file Chapter 7 or 13. We may also be able to offer other options and strategies to deal with your debt.
  • Although the decision will serve as precedent within the Fifth Circuit’s jurisdiction which includes Louisiana, Mississippi, and parts of Texas, our experienced attorneys will be able to use the ruling to persuade judges across the country to discharge Navient private student loan debt via bankruptcy.

To learn more about this exciting decision and whether you should resolve your Navient private student loan debt dilemma by filing for bankruptcy,  call Atty. Brian Flick at 513-951-7124, Atty. Emily White at 614-705-0107 or use our contact form to arrange a free, no-obligation initial consultation. They will be happy to evaluate your situation and offer sound advice that will put you on the road to financial security.

Filed Under: Bankruptcy, In the News, private student loans, student loan debt Tagged With: Bankruptcy, Navient, private student loans, student loan debt

October 14, 2019 By Marc Dann

OH Foreclosure Timeline

Understanding HOA Foreclosure In Ohio

If you are an Ohioan who lives in a condominium, townhome or a single-family home that is part of a development you may be required to pay dues to a condominium association (COA) or a homeowners’ association (HOA). Falling behind on your dues can lead to serious problems. In most cases, the covenants, conditions and restrictions (CC&Rs) that govern the COA or HOA give the association the right to place a lien on your home. Stay behind, and the association may file a foreclosure action against you—even if you are current on your mortgage.

In Ohio, COAs, like banks and mortgage servicers, must file a lawsuit to foreclose on a condominium. HOAs have specific foreclosure procedures that are outlined in the association’s governing documents.

Will Filing for Bankruptcy Eliminate HOA Dues and Liens?

If your COA or HOA places a lien on your home and then initiates a foreclosure action in order to collect delinquent dues, filing for bankruptcy may be your best option. That’s because the right type of bankruptcy may enable you to discharge your liability for unpaid dues that accrued before you filed and because it will automatically stay the foreclosure action while your bankruptcy case is processed.

While bankruptcy may provide short-term relief that will enable you to stay in your residence, in all likelihood bankruptcy will NOT eliminate the lien on your property. That is why we recommend you contact DannLaw’s experienced bankruptcy attorneys if you have fallen behind in your dues payments and are receiving threatening letters or calls from your association. We will be happy to discuss your situation and provide sound advice on how you should proceed, including which type of Bankruptcy is right for you, Chapter 13 or Chapter 7.

The Type of Bankruptcy you File Makes a Difference

In most instances, Chapter 7 bankruptcy is not an effective way to deal with COA/HOA dues delinquencies because it will not eliminate the lien they placed on your home or result in the discharge of dues you will owe after you file.

If you are dealing with a COA/HOA lien and/or foreclosure we recommend filing under Chapter 13 of the federal bankruptcy law. Chapter 13 will enable you to pay your pre-bankruptcy arrears via a court-approved repayment plan over a period of three to five years. As long as you make the monthly payments called for in your plan the COA/HOA will be barred from taking your residence. You may also be able to have your lien eliminated if it is considered an unsecured junior lien. This will depend on the priority status of the lien as well as the rules of the jurisdiction in which you reside.

It is important to note, however, that you MUST pay the COA/HOA fees that come due post-filing. If you fall behind again your association may go to court, seek a lift of the automatic stay, and proceed with the foreclosure. Post-bankruptcy you will no longer be protected so you must pay your COA/HOA fees when they become due to avoid facing a renewed threat of foreclosure.

Finally, even if you surrender your property at some point, you will be liable for any COA/HOA fees that become due while you wait for the bank to foreclose and the title to be transferred from you to the bank. If you don’t pay the fees the association has the right to sue you personally in order to collect the money owed.

Consult With An Ohio Bankruptcy Lawyer Today

We recognize that filing for bankruptcy is not always the best option. That’s why we urge you to call us to arrange a free consultation with our experienced bankruptcy attorneys. We will be happy to discuss your case, give your sound advice, and help put you back on the road to financial security.

Filed Under: Bankruptcy, Foreclosure

May 7, 2019 By Marc Dann

Ohio Chapter 7 Bankruptcy Income Limit

If you are buried under a mountain of debt and your phone is ringing constantly with harassing calls from creditors and debt collectors, it may be time to consider filing for bankruptcy. Bankruptcy exists to help you regain control of your life without being weighed down by the nasty side effects of debt, including wage garnishment, mounting late fees, interest charges and unpleasant phone calls and letters. There are two major types of consumer bankruptcy filings: Chapter 7 and Chapter 13. It is important to note, however, that you don’t necessarily have a choice between the two. Ohio Chapter 7 bankruptcy income limits will determine if you are eligible to file under Chapter 7.

Chapter 7 vs Chapter 13 Bankruptcy

Chapter 7 is liquidation based. This means unsecured debts are wiped away after you sell all non-exempt assets to pay back creditors. In many cases, most if not all your assets will be exempt from liquidation, which means you can keep those assets. Secured debts are unlikely to be discharged in Chapter 7.

Chapter 13 is repayment based. This means a five-year payment plan is put in place. At the end of the payment plan your remaining unsecured debts will be discharged. You you will still have to pay the collateral value of your secured debts.

It may seem like Chapter 7 bankruptcy is the best and most obvious choice. But there are measures in place to ensure that only people who truly need Chapter 7 debt relief can obtain it. To qualify, your income must be under the Ohio Chapter 7 bankruptcy income limit for Ohio. If your income is too high, then you must pass the Ohio Chapter 7 means test, which calculates whether you have enough disposable income to pay back some of your unsecured debts.

The Means Test and Ohio Median Income Limits

Your eligibility for Chapter 7 bankruptcy in Ohio is dictated by how your annual household income compares to the median household income for a household of the same size. While we are going to use numbers determined after November 1st, 2018, you can find the exact numbers for your time period at the U.S. Trustee Program website.

The median income for a single earner is $48,441, a two-person household is $60,822, a three-person household is $73,182, and a four-person household is $87,321. Every additional person in a household beyond four adds an additional $8,400 to the total. Your annual income is determined by adding your average monthly income over the past six months and then dividing the total by six. If the result is less than the median income, you automatically qualify for Chapter 7.

If your income is more than the median, you don’t need to give up. You just have to use the means test. The court is concerned that because your income is high enough, you may be able to pay back some of your debts. In order to display that you need to file for Chapter 7, you must prove that your disposable income is not high enough to satisfy a repayment plan under Chapter 13.

Means Test and Disposable Income

The means test requires you to calculate your income and expense information. Income includes almost all sources of income you have, including business income, interest and dividends, pensions and retirement plans, household expenses paid by others, alimony and child support, worker’s compensation and unemployment income, amongst others.

Allowable expenses are subtracted from your average monthly income. These expenses are based on national standard of living, car ownership and out of pocket health care costs, as well as local standards for housing and transportation. These expenses are derived from information supplied by the Census Bureau and the Internal Revenue Service.

If your total monthly income over the course of the next 60 months is less than $7,475 then you pass the means test and may file for Chapter 7. If you are over $12,475 then you do not pass the means test and must instead consider Chapter 13 bankruptcy for debt relief. If you fall in between these two values you must do additional calculations to determine if you have enough income to pay 25% of your unsecured debts over the next five years. If you don’t, you qualify for Chapter 7. If you do, Chapter 13 is your only option. In addition, the court after examining the totality of your circumstances, may decide you qualify for Chapter 7. All calculations aside, if you demonstrate a need for Chapter 7 due to events like a serious family or medical matter, the court may allow you to file Chapter 7.

Ohio Means Test Exemptions

In some instances, you do not have to pass the means test to pursue Chapter 7 bankruptcy. These include situations in which the debt in not consumer debt like credit card or medical debt. You also are exempt if you are a disabled veteran and incurred your debt while on active duty or during a homeland defense operation.

Find Out if Bankruptcy Is Right for You

Sorting all the information about Ohio bankruptcy income limits, expenses and whether you qualify for Chapter 7 or must utilize Chapter 13 can be confusing. That’s why DannLaw is here to help you determine the best course of action for your situation. Contact us today for a free case evaluation so we can find the right solution to your debt problems.

Filed Under: Bankruptcy

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