Jason Lee James’s Answers

Jason Lee James

Columbus Chapter 7 Bankruptcy Attorney.

Contributor Level 10
  1. If u are in a chapter 13 can u file a chapter 7 to get out of it

    Answered almost 4 years ago.

    1. Jason Lee James
    2. Dorothy G Bunce
    3. Malcolm Wallace Ruthven
    3 lawyer answers

    I would need more facts to see if you are even allowed to file the Chapter 7 depending on your income and how many people live in your household. However, filing a Chapter 13 in and of itself does not bar you from filing a Chapter 7. Another option may be for you to see if you can do a conversion from the 13 to the 7. You may need to speak to a bankruptcy attorney about the specifics of your case. If this was helpful please click the thumbs up button. Jason L. James Attorney at Law...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. In Ohio If item is worth 3k, but total hh items are say 8k, can you exempt the 3k item or is it limited to $525?

    Answered almost 4 years ago.

    1. Jason Lee James
    2. David Michael Serafin
    2 lawyer answers

    It is my experience that exemptions are taken on the whole grounds of items as opposed to individual items. For example, you list furniture, appliances, etc. You do not list each item specifically on the schedule with a value, typically the aggregate of the items is taken and you exempt the group of items. I hope this is clear. If this was helpful please click the thumbs up button. Jason L. James Attorney at Law Select Legal, PC 35 East Gay Street, Suite 406 P> 614.223.1235 F> 614....

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  3. X husband is declaring chapter 7. Mortgage is in both our names. will bank come after me?

    Answered almost 4 years ago.

    1. Jason Lee James
    2. Justin Lee Lawrence
    2 lawyer answers

    If you name is also on the mortgage / deed / note, then the bank can absolutely come after you for that debt. If you cannot afford to pay or do not pay on the mortgage it will negatively impact your credit. If you fail to pay, the home will go into foreclosure, it will go to a sheriff's sale, and any deficiency for the home allows the mortgage company to sue you for the funds or attempt to garnish your wages. I would speak to a local attorney to see if you can file a quit claim deed and...

    1 person marked this answer as helpful

  4. Received a order for Modifying the automatic stay & abandonment

    Answered about 4 years ago.

    1. Jason Lee James
    2. Mitchell Paul Goldstein
    3. Brian Wyld Freeman
    3 lawyer answers

    The relief from stay means the bankruptcy court is no longer 'protecting' you from that creditor. The creditor now may move forward with trying to foreclose on the house. The abandonment of the property from the bankruptcy estate means the trustee has no interest in trying to sell the property. Please check the thumbs up button below if this answer is helpful to you, thanks! Jason L. James Attorney at Law Select Legal, PC 35 East Gay Street, Suite 406 P> 614.223.1235 F> 614....

    4 people marked this answer as helpful

  5. If you bankruptcy status is closed instead of discharged what does that mean?

    Answered about 4 years ago.

    1. Jason Lee James
    2. Theodore Lyons Araujo
    3. Kevin Kennedy Gipson
    4. Mitchell Paul Goldstein
    4 lawyer answers

    I would need a little more information but typically if the case is closed without getting a discharge it means, for a possible number of reasons, you are still responsible for those debts that you included in your bankruptcy petition. You may want to contact a local attorney to review the case summary to determine why the case was closed with you getting your discharge. Please click the thumbs up if this has been helpful. Jason L. James Attorney at Law Select Legal, PC 35 East Gay...

  6. Is that posible to pay my lawyers debt in monthly payments?

    Answered about 4 years ago.

    1. Ronald Lee Burdge
    2. Jason Lee James
    2 lawyer answers

    Essentially you have to pay according to what the initial agreement was when the attorney was hired. Most attorneys will do payment plans, however, it is not legally required. One thing to consider, is that attorney fees can be discharged in a Chapter 7 Bankruptcy, if a judge did not order you to pay them through the divorce. If you have other debts and are finding it hard to make payments, go ahead and contact us for a free consultation. Jason L. James Attorney at Law Select Legal,...

  7. I filed bankruptcy and wanted to reaffirm my car but was informed after my discharge that my attorney never received the

    Answered almost 4 years ago.

    1. Mohammed Omar Badwan
    2. Jason Lee James
    3. Maureen O'Malley
    4. Mitchell Paul Goldstein
    4 lawyer answers

    Now the case is discharged it would take a motion to first re-open the case and then file the reaffirmation. If you are still paying on the vehicle and they are okay with the arrangement you may want to just continue to do so without the added trouble of having the case re-opened. Another strategy may be to just surrender the vehicle (the voluntary repossession will be discharged) and try to purchase another vehicle. Either way your credit score will be impacted and it will affect your...

    1 lawyer agreed with this answer

  8. Can I cancel my chapter 7 filing during 341 meeting?

    Answered about 4 years ago.

    1. Mark Markus
    2. Jason Lee James
    2 lawyer answers

    No, you cannot cancel your chapter 7 during the 341 meeting itself. Your attorney would have to file a motion to voluntarily dismiss your case. Should you want to continue the bankruptcy but keep your vehicle, another possibility is seeing if the trustee is willing to file a motion for authority to sell vehicle to debtor. In essence, you would be 'buying back' the vehicle from the bankruptcy court. This may or may not be worth the effort depending on how much other debt will be discharged...

    1 lawyer agreed with this answer

  9. Reaffirmation of house after chapter 7 bankruptcy

    Answered about 4 years ago.

    1. Mitchell Paul Goldstein
    2. Jeffrey B. Lampert
    3. Jason Lee James
    3 lawyer answers

    When you have any secured debt you will have the options of surrendering the property, reaffirming the property, or working out an option to retain the property and continue to pay on it. If you did not sign any sort of reaffirmation agreement with your mortgage company you will not be responsible for the debt should the home be foreclosed on, because it has been discharged by the bankruptcy.

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  10. I want to file for chapter 7 but i have a pending workmans comp claim.

    Answered almost 4 years ago.

    1. Jason Lee James
    2. Dorothy G Bunce
    2 lawyer answers

    Under Ohio law, Workman's Compensation claims may actually be exempted so you can keep any award that you receive. However, you should check your state to see if such an exemption exists. As to your second question, it may be cheaper to represent yourself if no issues arise, but you already have to research if the Workman's Comp claim is allowed in your state, then categorize and exempt the (possible) award. Should you represent yourself, and this is not done properly and you have to end...

    1 person marked this answer as helpful