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Scott Edward France
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Scott France’s Answers

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  • Can my wife file bankruptcy alone without affecting me

    My wife has racked up a ton of credit card debt from cards that I never even knew she had...is it possible for her to file in just her name

    Scott’s Answer

    Yes, this is actually a common scenario in which one spouse files without the other. This is especially common when one spouse carries all or most of the debt. The non-filing spouse will be required to show proof of income as all household income is taken into account when determining which chapter the debtor is eligible for. If the non-filing spouse is a co-debtor on any of the accounts, be sure to inform your bankruptcy attorney. Hope this helps.

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  • What happens to Chapter 13 over-payments?

    I am in a middle of confirmed chapter 13 that pays 60% (completed 37 months out of 60). Trustee payments are automatically taken out of my pay checks by my employer. Part of the plan is that I have to send my tax refunds to the trustee. ...

    Scott’s Answer

    Excellent question, one we hear often in our bankruptcy practice. You are likely being required to contribute tax refunds for 5 years due to the fact that your plan proposes to pay unsecured creditors less than 100%. In these situations, monies paid into the plan in excess of said 60% will go towards to remaining 40%. However, the creditors are only entitled to the amount which they claimed, thus you will not be paying over 100%. Hope this helps.

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  • Can I file for bankruptcy still?

    when I signed the lease for my condo, I did not read a small section at the end that prohibits tenants from filing bankruptcy. Is it possible to still file? The lease threatens eviction if bankruptcy is filed. I guess my question is, my rent is up...

    Scott’s Answer

    Generally, contracts such as these cannot force you to forfeit your right to file bankruptcy. Also, your bankruptcy attorney will ask you to list all of your creditors (even if you want to continue with this rental contract). Your attorney will explain about assumptions/reaffirmations which help debtors retain important exempt assets. Hope this helps.

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  • Are overdrawn bank accounts discharged when filing bankruptcy?

    My estranged husband overdrew my bank account without my consent but I couldn't press charges because we're married, even though it isn't a joint account. I tried to fight the charges at the bank but they are still holding me responsible. Because ...

    Scott’s Answer

    Excellent question! Yes, generally an overdrawn bank account can be listed as unsecured debt in your bankruptcy petition and subsequently be discharged. As another colleague mentioned, fraudulent debt however is unlikely to be discharged. In my opinion you are on safer ground if some time has passed since your account became overdrawn. Hope this helps.

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  • Do I have to assume financial agreement on a car that was bought by husband, placed in both our names, and he filed bankruptcy

    Legally married, separated 10 months. He had car he owes 4K on (worth about 1K) . He has not paid on, has my name also on title. He forged my signature. He now filed bankruptcy, abandoned car at my house. So now, am I totally responsible to p...

    Scott’s Answer

    Very good question. As already addressed by my colleagues, there are many angles and options in this fact pattern to consider. Generally speaking, when one person files bankruptcy, the co-signor is then stuck with paying the debt or find some sort of mitigating solution. It is important to note whether or not the car was purchased prior to the divorce and whether or not you are on the loan. As a general rule, divorce decrees trump bankruptcy. Simply put, if he promises to pay the car loan via the the divorce decree (and therefore likely promises to hold you harmless), then he is likely in contempt of court for violating the divorce decree. Additionally, the forgery is a whole other issue which depending on any statute of limitations, you may be able to consult with a local prosecutor for some advice. Where to start? I recommend speaking first with your divorce attorney and if necessary, then speak with a bankruptcy attorney. Ultimately, you should have some options at your disposal, but this fact pattern has a lot to sort through still. Good luck.

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  • In the state of Ohio is there a restriction on how long you have to stay in the state after you file Bankruptcy?

    wanted to know if Ohio is like Arizona where you have to wait at least 6 months after filing before you move out of state?

    Scott’s Answer

    I am not aware of any restrictions on you moving out of state after the filing of your bankruptcy case. However, there are residency/domicile conditions which you must meet (prior to filing bankruptcy). In regards to post-filing be sure to attend your Meeting Of Creditors. Also, be sure to inform your bankruptcy attorney of your new address as he/she will will need to file a Notice of Change of Address with the Court. It is important that you can be reached during the period of time leading up to both discharge and closure. Hope this helps.

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  • I want to rescind my affirmation agreement, will it reopen my case?

    I signed an affirmation agreement to keep my car, but now I want to rescind, my bankruptcy was just discharged, but I still have time left from when the agreement was filed. My lawyer is telling me that it'll reopen my case and my bankruptcy coul...

    Scott’s Answer

    My colleagues have raised some interesting points. I would advise that you ask your attorney to look closely at the rescission language in the statute to see if you still fall within rescission time deadlines. There will be two "timelines" which your attorney will examine and one will apply. Also, another attorneys distinction between discharge and closure is also a nice distinction. Some business can still be done during the interim. I would advise calling your attorney ASAP as time is of the essence. Hope this is helpful.

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  • I won a small claims suit and when the debtor received the 14 day demand, she filed for chapter 7 bankruptcy.

    I know where she works and I know she got a nice promotion, so if she makes good money how can she say she cannot pay debts? Does this mean I won't receive any money at all now?

    Scott’s Answer

    Thus far there have been several excellent attorney perspectives on this question. I also agree that you should be very thoughtful in your actions as a bankruptcy stay may be in place. I would suggest that you speak with a good bankruptcy attorney in your area about your options. He or she may be able to ascertain whether or not said debtor has actually filed a bankruptcy, whether it may be chapter 7 or 13, and whether or not you may still be able to file a Proof of Claim.

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  • Can a Hospital in Ohio send you to collections when your making a payment every month just not as much as they want?

    My daughters insurance paid there part of ER visit & left her about $700 to pay. She has been making a monthly payment but not what the hospital wants. They've threatened her with collections even tho she's paid in the accounts faithfully every mo...

    Scott’s Answer

    This is a question that I hear regularly in my bankruptcy practice. Unfortunately, yes the hospital can refer the matter to collections. If you not in need of a bankruptcy and will be paying this bill, then I would suggest a proactive approach and see if you can reach a compromise, such as maybe a lower monthly payment, but a lump sum at tax refund time? If you are a bankruptcy candidate, then medical debt is dischargeable in a bankruptcy. If you are heading towards bankruptcy, then be sure to consult with an established bankruptcy attorney who starts with a free and thorough initial consultation. Hope this helps!!

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  • How to pay off a debt if you filed for bankruptcy and the accident was included?

    This was not a criminal act. Merely an uninsured accident, I am currently unable to afford.

    Scott’s Answer

    Generally speaking, if you listed a garden variety accident in your chapter 7 bankruptcy petition, the debt should be dischargeable. Some exceptions exist such as criminal acts and post petition debts. More facts are needed here, so please contact your attorney to schedule a meeting and discuss all of the details.

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