John Arthur Schuh’s Answers

John Arthur Schuh

Cincinnati Bankruptcy Attorney.

Contributor Level 5
  1. 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

    Answered over 2 years ago.

    1. John Arthur Schuh
    2. Walter C Oney Jr
    3. James Portman Webster
    4. Dorothy G Bunce
    4 lawyer answers

    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...

    Selected as best answer

  2. Wages are being garnished

    Answered 2 months ago.

    1. Kathleen Milann Smith
    2. John Arthur Schuh
    3. John Xavier Perez
    4. Joshua P Friedman
    5. Michael J Corbin
    6. ···
    6 lawyer answers

    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...

    3 lawyers agreed with this answer

  3. Will an Ohio attorney answer this question?

    Answered about 4 years ago.

    1. John Arthur Schuh
    1 lawyer 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...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. Are overdrawn bank accounts discharged when filing bankruptcy?

    Answered 3 months ago.

    1. David Julian Smith
    2. Dorothy Ann Bartholomew
    3. Lynda Wesley
    4. Matthew Scott Berkus
    5. John Arthur Schuh
    6. ···
    6 lawyer answers

    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...

    2 lawyers agreed with this answer

  5. 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

    Answered 2 months ago.

    1. John Arthur Schuh
    2. Dana Whitney Atchley
    3. Bruce Givner
    4. Richard Glenn Elie
    4 lawyer answers

    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...

    1 lawyer agreed with this answer

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

    Answered about 2 years ago.

    1. David Patrick Farrell
    2. Tonya Shur VanBenschoten
    3. John Arthur Schuh
    4. Paula Brown Sinclair
    5. Scott Edward France
    6. ···
    6 lawyer answers

    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...

    1 lawyer agreed with this answer

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

    Answered 2 months ago.

    1. Blake Owen Brewer
    2. Joseph Wrobel
    3. Neil Evan Schwartz
    4. Dorothy G Bunce
    5. Nannette Benoit Dean
    6. ···
    6 lawyer answers

    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 (...

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