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If your case has been dismissed due to bad faith or it appears you’re trying to use bankruptcy to play games with your creditors, you may have to wait 180 days before refiling. Section 109(g) of the Bankruptcy Code prevents a dismissed debtor from filing during the 180-day window if: (1) the case was dismissed for “willful failure of the debtor to abide by orders of the court, or to appear before the court in proper prosecution of the case” or (2) the debtor dismissed after a creditor filed...
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The creditor would have to get a "sister-state judgment" before filing a garnishment action in Ohio. The procedure for enforcing a foreign judgment include filing an authenticated copy of the foreign judgment with the local county's Court of Common Pleas, filing an affidavit with your name and address and the creditor's name and address, and mailing you a notice of the filing of the foreign judgment. Then, there is a 30-day waiting period. If the creditor does that and then files a...
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In our practice, we would explore various options for keeping your car depending on whether you have a car loan and whether you qualify for Chapter 7, Chapter 13 or Chapter 11. For example, you may be able to redeem your vehicle in a Chapter 7 if you are running a loan balance significantly over the value of the car. You may be able to cram down the loan in a Chapter 13. In most cases, it's not a problem hanging onto an older vehicle. But first, I have doubts about whether you need to file...
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If you filed and received a discharge in a prior chapter 7 case, you have to wait 8 years after the filing of the prior chapter 7 before you can file another chapter 7 case. If you filed a second bankruptcy case within those 8 years but did not receive a discharge, the second filing will not interrupt the 8-year waiting period under most circumstances.
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You should consult with a qualified foreclosure/bankruptcy attorney regarding your options under the circumstances. You may be entitled to stay in the property for a while and/or receive "cash for keys" upon agreeing the move out. Certainly, you should discuss whether you will owe a deficiency judgment in the end and whether you can negotiate a waiver of the deficiency. If not, you may decide to explore the benefits of bankruptcy. In short, there is a lot going on here that requires further...
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The answer to your question depends on what documents govern the status of your relationship. If the tenant is on a month-to-month lease (or no lease or other contract), you do not need a reason to evict the tenant. However, you must give 30 days’ notice that you do not wish to continue the rental relationship. In calculating those 30 days, count from the start of the next rental period. But I agree with my colleagues that this is something that requires a sit-down with an experienced...
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I have contact information for an FDCPA attorney in Beachwood, just a stone's throw from you. I have referred several clients to him and he's been successful in dealing with collectors who won't behave themselves. - BensonBankruptcy.com 216-241-2510
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The answer to this question depends on what kind of tax relief you had received in bankruptcy, which may determine whether there is a possibility of reopening the case to avoid the liens, or instead you are left with the option of making an offer in compromise to the state taxing authority. N.B. If the tax was indeed fully discharged (i.e., is not a customary nondischargeable tax obligation) and the lien is a prepetition judgment lien not attached to real property, the lien will probably be...
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There is another option. You can hire a property management company to lease and take care of the house for the next couple of years. Repairs and management fee would be paid out of lease receipts. I have a client who does this work. If you are interested, call my office at 216-241-2510 and I will put you in touch with him. Good luck! - BensonBankruptcy.com
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According to the U.S. Trustee, each trustee should consider all relevant circumstances when deciding whether to seek turnover of the payments in a particular case. Factors to consider include: • The payment amount and any interest of a non-debtor spouse or other person in the payment; • The cost of recovering and administering the payment, including litigation with a borrower in bankruptcy who may seek a judicial determination regarding whether the funds are subject to administration; • The...
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