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John Arthur Schuh
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John Schuh’s Answers

7 total

  • I had a tax garnishment withheld from wages by the state of Ohio. A large excess was withheld. How much time is proper on refund

    The total judgement was approx $850, $1742 was withheld.

    John’s Answer

    Ohio taxes are collected by the Ohio Attorney General. There are numerous private law firms throughout the State of Ohio the Ohio Attorney General appoints as "Special Counsel" and these are the ones that actually file the garnishments and other collection suits. I hate to be the bearer of possibly bad news but when the State of Ohio Dept. of Taxation sends a debt to the Ohio Attorney General for collection, they add on a fee, then they add penalties, then other fees, then they add interest on the tax, interest on the fees, interest on ... etc. If you started out owing $850 there is a real possibility that with all of these add ons, you might actually owe $1,742. You need to find out the name and telephone number of the Special Counsel handling the collection and then demand an accounting from them.

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  • I’m pretty sure I make too much to file bankruptcy. How do I know for sure?

    My current understanding is that this limit is set state-to-state.

    John’s Answer

    You would qualify to file a Ch. 7 case if your annualized "current monthly income" is less than the median family income for your household size. I am providing a method by which you could generally make the determination but you certainly would need to consult a good bankruptcy attorney with your paystubs and other records of income to be sure. To determine "current monthly income" you use a 6 month data set of gross (not after taxes) monthly income received from all sources as a household (this could include a spouse whether the spouse joins you in the Ch. 7 or not). Social security benefits and Ohio unemployment compensation are excluded when you total this income. Divide the number by 6 to get a monthly average, then multiply it by 12 months to get an annual figure then compare that number to the median family income (MFI) for your household size. Your question comes from Ohio: $43,276 MFI for 1, $53,551 MFI for 2, $62,134 MFI for 3, $77,367 MFI for 4. This is a link to the Dept. of Justice that publishes these numbers: http://www.justice.gov/ust/eo/bapcpa/20141101/bci_data/median_income_table.htm. If the link doesn't work Google "United States Trustee Means Testing".

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  • Wages are being garnished

    Posting for a friend that's wages are being garnished for a repossession of a vehicle does she have any options?

    John’s Answer

    The attorneys in CA and MN that posted answers are not familiar with the Ohio law of wage garnishments when they state you should file some claim of exemption. Essentially if a creditor has a valid judgment against your friend, the creditor must file a 15 day demand prior to the filing of the garnishment and assuming that they did that and we are talking about a wage garnishment (and not a bank garnishment) then the employer withholds 25% of the net (after deductions required by law) which under Ohio law is the "non-exempt" portion of the wages that the creditor is entitled to take. The calculation of what they can take also recognizes some minimum wage laws (don't know where your friend falls in all of that). Ohio has a "continuous wage garnishment law" which means that the creditor doesn't need to file a new garnishment to take the "non-exempt" part of the wages out of each paycheck so this will continue. Sometime the creditor will make a payment arrangement with your friend but if the creditor knows that they're going to get "x" dollars out of each paycheck, they're not likely to make an arrangement for less than that. If your friend as an old repossession and owes a deficiency balance reduced to judgment that is now the subject of a garnishment, I'd suggest that the friend talk to a bankruptcy attorney which is the sure fire way to get relief.

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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 ...

    John’s Answer

    I generally agree that an overdraft and associated charges are dischargeable under either Ch. 7 or Ch. 13 and in the context of the facts you state in your question, I'm certain those could be discharged. The other answers posted about this subject do not mention that if a debt is incurred as the result of fraudulent activity, then the debt could be determined to be non-dischargeable if the creditor filed an adversary proceeding and was successful in adjudicating that the debt was fraudulently incurred.

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  • Hello, Im in search with help for my daughter in filing a bankruptsy, so she can try to rebuild her life debt free.

    she has few bills which wasnt filed when she divorced and this has caused her and I great deal of depression. Her x-husbands sister took her car and had a accident causing my daughter to loose her drivers licience and she wasnt even driving or in ...

    John’s Answer

    It would take a personal consultation to properly evaluate your daughter's situation but it sounds like her driver's license may be subject to an FRA suspension. The "FR" stands for "financial responsibility". In Ohio every one who has a driver's license must also be "financially responsible" and maintain automobile insurance in the minimum amounts required by Ohio law. If an uninsured accident occurs a civil judgment can be obtained for the damages and if the judgment is not satisfied, the judgment can be sent to the Ohio Bureau of Motor Vehicles and the person's license suspended until the damages are paid or otherwise discharged, such as in a Ch. 7 bankruptcy case. The discharge that might be available to your daughter in a Ch. 7 case can be sent to the Ohio BMV and the unpaid damages from the accident will no longer be an impediment to the restoration of her driver's license.

    Its not exactly clear from your question how your daughter ended up being liable for the unauthorized use of her vehicle but this sounds like an FRA suspension that could be cleared up with a Ch. 7 bankruptcy.

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  • In Ohio, if a couple wants and qualifys for Chpter 7, but husband owns a LLC with assets will court require a Chapter 13 for him

    Married couple are considering filing personal Chapter 7 bankruptcy and are below the median income for Ohio; but, husband's single member LLC has considerable amount of physical therapist equipment and supplies. Will court require him or them to...

    John’s Answer

    • Selected as best answer

    If you pass the means test (i.e. average income over the last 6 months is below the median family income for your household size), you will not be forced into a Ch. 13 and you will be able to file for Ch. 7 relief, notwithstanding the ownership of the LLC. The catch is that the equity value of the LLC (i.e. true value of LLC's assets less all debts of the LLC = equity value) is an asset in the personal Ch. 7 bankruptcy for which there may only be a minimum wild card exemption of $1,075. First and foremost we need to get a good fix on the "true" value of the equipment and supplies. These are tough economic times and the market place is flooded with repossessed used equipment and supplies. The "true" value is probably not as much as you think it is. Once the true value is established there are several approaches that can be explored. The non-exempt equity can usually be purchased from the Ch. 7 Trustee for a discount. There could be some pre-bankruptcy planning such as structuring the balance sheet of the LLC over a period of time so that the value of the LLCs asset are roughly equivalent to its debts that would result in a Ch. 7 Trustee's abandonment of the LLC. There also might be reasons why you might want to elect to file for relief under Ch. 13 although the fresh start under Ch. 7 is usually more desirable. Every case is unique and requires and individual approach. Hope this helps.

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  • Will an Ohio attorney answer this question?

    What is the deadline in OHIO for a n attorney for a creditor to ask for a discovery request from the defendant , after defendant answers a civil summons ?What is the OHIO rules for this ? That is all I would like to know! OHIO RULES of discovery?

    John’s Answer

    There is no statutory deadline under either the Ohio Revised Code or the Ohio Rules of Civil Procedure. Discovery is governed by Rules 26 through 37 of the Ohio Rules of Civil Procedure. The rules themselves can be found on the internet through any search engine or you can paste this into your web browser. http://www.sconet.state.oh.us/LegalResources/Rules/civil/CivilProcedure.pdf What normally happens is that after the defendant files an answer and the case becomes contested, the court will schedule a case management conference or pretrial at which deadlines will be established. This is the case in Montgomery County, Ohio where it is called a pretrial conference. Discovery cut-off is fixed at the pretrial. The local rules of the Montgomery County, Ohio common pleas court can be found on the Montgomery County, Ohio Clerk's web site. Rule 2.01 V.A.3.b.(2) provides:

    (2) Discovery Cutoff:
    (a) All discovery shall be completed no later than the established deadline date in the pretrial order. The deadline date is inflexible and may be modified only by the Court upon a filing of a motion showing good cause.

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