Kenneth Michael Richards’s Answers

Kenneth Michael Richards

Columbus Bankruptcy Attorney.

Contributor Level 6
  1. Cleveland , Ohio wage garnishment stayed for second time within 3 month period. Debtor filed CH 13 but failed make payments so

    Answered about 1 year ago.

    1. Kenneth Michael Richards
    2. Mark Markus
    3. Daniel Dwight Bowen
    3 lawyer answers

    In addition to possible stay relief, as mentioned above, there is also a provision of the bankruptcy code (Section 109(g)) which allows for the dismissal of a case with a 180 day bar to refiling if it appears that the debtor has no interest in actually seeing the Chapter 13 process through to completion. This provision requires some party to raise it. In many cases, the Chapter 13 trustee will seek such a bar to re-filing but it may take several cases before that happens. Each Trustee is...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. I want to buy & place a mobile home on 2.5 acres in which to live. can I shield it from ch7?

    Answered about 2 years ago.

    1. Thomas John Cesta
    2. Walter C Oney Jr
    3. Shannon E Wynn
    4. Kenneth Michael Richards
    5. Kevin Kennedy Gipson
    5 lawyer answers

    The Ohio exemption statute allows a debtor to exempt one item or parcel of real or personal property used as a residence up to a value of $21,625. So, you could claim that amount as exempt. Your ability to retain the land and mobile home would also depend upon what Chapter you file and whether there are valid liens/Mortgages. A Chapter 7 Trustee only wants to sell assets that can generate funds to pay unsecured creditors. If the value of the land/home is less than the balance on the...

    1 lawyer agreed with this answer

  3. I live in ohio. Is debt from a buisness my spouse opened considered martial debt?

    Answered about 2 years ago.

    1. Kenneth Michael Richards
    1 lawyer answer

    Marital debt is not really the issue as that is not really a term that is used outside of divorce court. The answer depends upon how the business is set up. Is it a sole proprietorship, a corporation, LLC, partnership, etc? If your wife has set up the business as a separate entity, in most cases, only the business is liable for business debts. Your wife or you would be personally resonsible for any debts that you personally guaranteed. This would involve the execution of a guarantee...

  4. Debtor's rights against mortgage company that keeps changing interest rates and payment amounts in GA

    Answered over 4 years ago.

    1. Kenneth Michael Richards
    1 lawyer answer

    Read all of the papers again. In almost every case, a home equity line of credit is secured by a second mortgage from the start.

  5. My ex-husband listed me as a "co-debtor" to several unknown creditors

    Answered over 4 years ago.

    1. Kenneth Michael Richards
    1 lawyer answer

    There is a bankruptcy rule--Rule 2004, which allows you or your attorney to file a motion and obtain a court order requiring the turnover of whatever documents you list. You would not have to deal directly with your ex-husband. It could be ab attorney to attorney exchange. But, you would really need your own attorney to assist you.

  6. Means test form 22A required if filing a chapter 7 primarily business debt petition?

    Answered over 4 years ago.

    1. Kenneth Michael Richards
    2. Angel Marie Van Wieren
    2 lawyer answers

    The phrase "primarily" not defined in the Bankruptcy Code, but most courts seem to give it a common definition--more than half. In addition, most courts would hold that that means more than half in amount of debt, not number of creditors. The means test form, 22B. must still be filed, but you would simply check the appropriate box and you would not have to complete the balance of the form.