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Nicholas Alexander Zingarelli
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Nicholas Zingarelli’s Answers

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  • I have a vehicle i can no longer afford, can i turn it into the bank

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    Nicholas’s Answer

    You can contact the bank and let them know that you no longer wish to retain the vehicle. Most banks will allow you to make arrangements for peaceful surrender of the vehicle. However, just because the vehicle is surrendered does not mean that the debt is extinguished. The vehicle will likely be sold at auction and if it sells for less than what you owe, the bank can pursue collection on this amount by suing you in state court. This can result in wage garnishment, bank attachment, judgment lien and/or judgment debtor examination.

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  • Will I go to jail if I cannot pay the full amount I owe to Enterprise Rental Car?

    I rented a car fro Enterprise and had to keep it one week longer than expected. I now owe them a little over 700 dollars that I don't have. Basically, they charged me about 100 dollars a day. I've got a 300 limit on my credit card and about 100...

    Nicholas’s Answer

    You should not be charged with any kind of crime for failure to pay a debt unless you incurred the debt by fraudulent means (i.e. passed a bad check, etc.). However, if you have rented a car and not returned it by a specified date and/or time, the rental car company can report the vehicle as stolen. I would think it unlikely that they are going to have you arrested once you return the vehicle to the Enterprise lot but anything is possible.

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  • How much do most attorneys charge for representing you through the process of filing chapter 13?

    We want to know what is a fair cost t o retain counsel while filing chapter 13.

    Nicholas’s Answer

    As with any bankruptcy, the fees can vary based upon the complexity of the case. However, for a typical consumer bankruptcy case filed in Cincinnati, you can generally expect to pay the attorney a total of $3,000.00. Most of this fee will be put inside the case so that every time you make a payment to the Chapter 13 Trustee, your attorney will get a portion of his or her fees from that payment. As a result, your out of pocket cost to get the case filed is usually significantly less than $3,000.00. In most cases, you'll probably pay somewhere around $1,000.00 to get the case filed, inclusive of the Bankruptcy Court's $274.00 filing fee. This will usually cover:

    1. Preparation of necessary documents and filing them with the Bankruptcy Court;
    2. Attendance at the hearing set with the Trustee for review of your case on the record;
    3. Resolution of creditor objections (if any) where creditors may oppose the proposed treatment of them inside the bankruptcy case; and
    4. Getting the plan to repay your creditors accepted by the Bankruptcy Court.

    Many bankruptcy attorneys (myself included) will have an initial meeting with you to review your financial situation with no obligation. If you would like to get more information on bankruptcy, I encourage you to visit my web-site at www.zingarellilaw.com. You can also call me to schedule a no-obligation consultation at 513-338-1910.

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