Russ Brammer Cope’s Answers

Russ Brammer Cope

Dayton Chapter 13 Bankruptcy Attorney.

Contributor Level 7
  1. 23 months into a confirmed chapter 13 our payment is $2650 a month my husband and I are now separated

    Answered over 2 years ago.

    1. Russ Brammer Cope
    2. Walter C Oney Jr
    3. Thomas John Cesta
    4. Will Bussell Geer
    4 lawyer answers

    If you are living separate and apart, you may individually seek to have yourself dismissed from the Chapter 13 and then file a Chapter 7 or have the case converted to a Chapter 7 assuming that you are individually eligible for Chapter 7 relief. However, you will need to obtain new counsel since your current bankruptcy attorney will have a conflict of interest due to your interests being adverse to his other client, your estranged husband. Your current bankruptcy attorney may be able to...

    6 lawyers agreed with this answer

  2. What happens when a summary judgment is granted ? is it best to appeal ? can you still save your home after this ?

    Answered over 1 year ago.

    1. Russ Brammer Cope
    2. Bruce Martin Broyles
    3. Kerrie Kathleen Matre
    4. Matthew Scott Berkus
    4 lawyer answers

    Once you defaulted on the loan, you may have contractually obligated yourself to penalties and fees that are in addition to the normal monthly payments. So, merely catching up on the past due payment may have not been enough, or you may not have done it in time. However, a contract is a 2-way street: if you are holding up your end, they have to hold up theirs. If you are truly caught up, current, and otherwise abiding by the mortgage contract, then you may want to appeal. In Ohio, you...

    4 lawyers agreed with this answer

  3. My ex husband is filing for bankruptcy. His name is still on the deed to my home. How will my home be affected?

    Answered over 2 years ago.

    1. Russ Brammer Cope
    2. Walter C Oney Jr
    3. Fabian Powell
    3 lawyer answers

    His bankruptcy filing will serve to discharge his obligation to his debts, including any joint debts that he has with you, such as mortgage debts. However, if there is no mortgage or lien on the property, and the property value is greater than the homestead exemption amount (approx. $22,000), then his bankruptcy estate would have an interest in the real estate. I should also note that he would not be able to use his homestead exemption of equal value, because presumably the real estate is not...

    4 lawyers agreed with this answer

  4. Can I file Ch. 7 after previuosly attempted Ch. 7 not discharged?

    Answered almost 3 years ago.

    1. Russ Brammer Cope
    2. John Gerth Merna
    3. Theodore Lyons Araujo
    4. Daniel Walter Nieroda
    4 lawyer answers

    If you did not receive a discharge, then you would be eligible for Chapter 7 relief so long as the Dismissal Entry did not contain any language that prevented you from refiling for a certain period of time. An attorney can pull the dismissal entry from the USCourts website and make sure you are currently eligible.

    Selected as best answer

  5. My credit card debt exceeds my entire years income. What can I try?

    Answered over 1 year ago.

    1. Russ Brammer Cope
    2. Scott Edward France
    3. Ross M. Mumme
    4. Michael Avanesian
    4 lawyer answers

    Without any other information, it sounds like you are a candidate for Chapter 7 bankruptcy. Your "crappy car" would be protected so long as the market value is less than approximately $4000. Your clothing and furniture would similarly be protected by applicable exemptions. You'll want to make sure that you tell your attorney when you first meet with them if you've lived outside the state of Ohio in the last couple of years, because the laws that protect your property could change if you...

    2 lawyers agreed with this answer

  6. What's the correct wording in document to represent 86 year old without money in credit card case in parma court

    Answered over 2 years ago.

    1. Russ Brammer Cope
    2. Walter C Oney Jr
    3. Dorothy G Bunce
    3 lawyer answers

    Seems to me like you would need a Power of Attorney, and then you would use that language to describe yourself and your relationship to the debtor/defendant. Please make sure that she is obligated on the debt. Her signature would have been required.

    2 lawyers agreed with this answer

  7. Can a person file bankruptcy if all bills are being paid regularly?

    Answered almost 2 years ago.

    1. Charles Ross Smith III
    2. Erik Robert Blaine
    3. Russ Brammer Cope
    4. Aaron Thomas Kimbrell
    5. Alan D. Walton
    5 lawyer answers

    Yes, there is no requirement that you are behind on payments. That is a very common question. One thing that you want to consider is whether or not you will require any continuing medical care. Debts that are incurred prior to filing your case will be included, or discharged, in the bankruptcy. However, debts incurred after the filing date, will not be included. For medical bills, the important date is the date of the medical services. So, you will want to carefully plan when is the...

  8. Can my daughter be made to pay my department store account that was wiped when I filed bankruptcy this year?

    Answered almost 3 years ago.

    1. Pierre George Basmaji
    2. Russ Brammer Cope
    3. Nicholas I Fuerst
    3 lawyer answers

    Filing bankruptcy only discharges your obligation to an account. If the account is in her name individually or jointly, she will be responsible for the balance.

  9. How is a 2nd mortgage charge off Handled in a Chapter 13?

    Answered almost 3 years ago.

    1. Russ Brammer Cope
    2. Dorothy G Bunce
    3. Pierre George Basmaji
    4. Kevin Michael Cortright
    4 lawyer answers

    First of all, you would not necessarily need to file a Chapter 13 in order to keep your house. You may be required to file a Chapter 13 because your household income is greater than the median income for a household of your size in Ohio. However, based upon the figures that you provided, you don't have any equity in the real estate. If there is no unexempt equity, then there is nothing to liquidate for the benefit of the creditors, and a Chapter 7 trustee would abandon any interest in the...

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