David Michael Benson's Answers

Can Ca EDD seize my bank account in Ohio to pay back an overage.

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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What can you do if the orginal creditor sends your debt to a collection agency after they got the notice that you filed for CH 7

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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State of Ohio Tax liens for taxes discharged in bankruptcy

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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I had a chapter 7 discharged in 1998 , and then a chapter 13 in 2005 which was dismissed. Can I file another chapter 7 now?

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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If I hire a foreclosure-bankruptcy attorney, shouldn't he discuss what I want to do?

You're the boss. If it were me and I were having communication problems with a prospective attorney, I would consider at least getting a second opinion.

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Is there a way to get rid of a home besides filling for bankrupt.

I'm afraid you are in a very difficult position since the bank is not required to set the property for sheriff's sale and probably will not do so as long as they would be on the hook for paying the $10,000 it costs to have the building demolished. Even a Chapter 7 may not result in transferring title since the trustee could decide the property is not worth pursuing on behalf of creditors. What I would suggest is calling Bill Whitney at the Cuyahoga County Land Bank and see if he may be...

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I filed chapter 13 bankruptcy in '06 and was about to complete it when I got a letter telling me it wasgoing to be dismissed bec

The answer to this question may depend on the particular method of processing wage orders in your jurisdiction. If you think the law firm made a mistake that tanked your case, talk to another bankruptcy lawyer in your jurisdiction to make sure you are correct. Whatever you do, don't rely on online advice for the answer to this question. Good luck.

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Bankruptcy in 12/2009, Reaffirmation was not sent in by attorney. Can I just walk away from the house?

One thing you should keep in mind is that, until title transfers from your name, you may be responsible for the maintenance of the property and compliance with local ordinances. In Cleveland, we have seen debtors move out of their houses and then be haled into local housing court for violations due to a failure to prevent the property from becoming a public nuisance. As long as a local homeowner's name is on the deed, he or she may be liable for anything bad that happens on the property (...

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How are garnished wages recovered after filing bankruptcy?

We usually call the municipal judge's chambers after issuing a Suggestion of Bankruptcy and discuss what amounts are pre-petition and what amounts, if any, are post-petition. We then follow up with a letter to the court recounting what amounts we believe are due to the Debtor, with a cc to the Trustee. If the Court issues the Debtor a check, we hang onto that check until the 341 meeting and ask the Trustee if it's OK to go ahead and deposit the check. We've had no trouble to date with this...

Do we have a negligence case?

We work with an excellent medical malpractice attorney here in Cleveland that I highly recommend. If you would like to discuss their credentials or just get contact information, you can email us at David@DavidBensonLaw.com.