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Scott Edward France
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Scott France’s Answers

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  • How long should it take to get your discharge paper?

    I did my post discharge course on 02/12/2016 I provided de a copy to Lawyer to provide to the Trustee. I called my Lawyer advising him that I did get my did discharge paper he was not very helpful. Please advise what should I do.

    Scott’s Answer

    Excellent question. First, always speak initially with your attorney as he or she is your guide throughout the bankruptcy process. Generally speaking, discharge in a Chapter 7 (no asset) case is about 4-5 months after the case filing date. In Northern Ohio, the Bankruptcy Court should mail you a copy of the Order of Discharge. The above estimated time period accounts for the fact that creditors and others have 60 days from the original Creditors Meeting date to file an objection. In cases, where there is nothing going on, the Order of Discharge typically comes about 1 to 2 weeks after this waiting period. Also, the post filing Financial Management Certificate must be timely filed. If this certificate is not timely filed, then discharge is a serious risk. Hope this helps.

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  • What will happen now that I can't make payments anymore since I signed an agreement to pay it back.

    I was sued for credit card debt. Agreed to pay because I didn't have a lawyer to go to court with me. I don't have a job. I'm on social security disability. I was getting alimony so I used that to make payments. I no longer receive alimony. ...

    Scott’s Answer

    Excellent question! Generally, you would be breaching the agreement, simply leading to the credit card/collection company to begin action. You may be very difficult to garnish since you only SSD. If you are eligible, I would look into Chapter 7 bankruptcy relief. Be sure to find a reputable attorney who will stand by you throughout the entire process. Chapter 7 bankruptcy wipes out credit card debt and many other unsecured debts. Hope this helps.

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  • What would be better for filling for bankruptcy chapter 7 or chapter 13 and also how much would it cost to file bankruptcy

    i recently had my house foreclose on me for overdue payment also i owe 30.000 for over due credit card payment and i owe 2000 dollars for my student loans and i cant afford it all so this tax season im consider filling for bankruptcy but dont know...

    Scott’s Answer

    • Selected as best answer

    Thank you for your inquiry!! Lots of moving parts here, but here are a few basic tips to get started on your journey to a fresh start. First, please schedule a free consult with an experienced bankruptcy attorney. This attorney will take the time to answer your questions and analyze all of your available options. There is a big difference between chapters 7 and 13. Preliminary considerations are your household income, overall debt, assets, and whether you have filed a previous bankruptcy. Once armed with all the facts, your attorney will craft a plan which suits your goals. Generally speaking, chapter 13 attorney fees are more expensive than chapter 7 and also require a monthly repayment (up to five years). Chapter 13, when absolutely necessary, protects your assets while you are making your payments. If you qualify, chapter 7 is likely the way to go. If you qualify for chapter 7, you can eliminate most foreclosure deficiencies and most credit card debt. The best place to start is by getting a free initial consult with a reputable bankruptcy attorney. Hope this helps. Take care.

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  • Can my wife file bankruptcy alone without affecting me

    My wife has racked up a ton of credit card debt from cards that I never even knew she had...is it possible for her to file in just her name

    Scott’s Answer

    Yes, this is actually a common scenario in which one spouse files without the other. This is especially common when one spouse carries all or most of the debt. The non-filing spouse will be required to show proof of income as all household income is taken into account when determining which chapter the debtor is eligible for. If the non-filing spouse is a co-debtor on any of the accounts, be sure to inform your bankruptcy attorney. Hope this helps.

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  • What happens to Chapter 13 over-payments?

    I am in a middle of confirmed chapter 13 that pays 60% (completed 37 months out of 60). Trustee payments are automatically taken out of my pay checks by my employer. Part of the plan is that I have to send my tax refunds to the trustee. ...

    Scott’s Answer

    Excellent question, one we hear often in our bankruptcy practice. You are likely being required to contribute tax refunds for 5 years due to the fact that your plan proposes to pay unsecured creditors less than 100%. In these situations, monies paid into the plan in excess of said 60% will go towards to remaining 40%. However, the creditors are only entitled to the amount which they claimed, thus you will not be paying over 100%. Hope this helps.

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  • Can I file for bankruptcy still?

    when I signed the lease for my condo, I did not read a small section at the end that prohibits tenants from filing bankruptcy. Is it possible to still file? The lease threatens eviction if bankruptcy is filed. I guess my question is, my rent is up...

    Scott’s Answer

    Generally, contracts such as these cannot force you to forfeit your right to file bankruptcy. Also, your bankruptcy attorney will ask you to list all of your creditors (even if you want to continue with this rental contract). Your attorney will explain about assumptions/reaffirmations which help debtors retain important exempt assets. Hope this helps.

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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 ...

    Scott’s Answer

    Excellent question! Yes, generally an overdrawn bank account can be listed as unsecured debt in your bankruptcy petition and subsequently be discharged. As another colleague mentioned, fraudulent debt however is unlikely to be discharged. In my opinion you are on safer ground if some time has passed since your account became overdrawn. Hope this helps.

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  • Do I have to assume financial agreement on a car that was bought by husband, placed in both our names, and he filed bankruptcy

    Legally married, separated 10 months. He had car he owes 4K on (worth about 1K) . He has not paid on, has my name also on title. He forged my signature. He now filed bankruptcy, abandoned car at my house. So now, am I totally responsible to p...

    Scott’s Answer

    Very good question. As already addressed by my colleagues, there are many angles and options in this fact pattern to consider. Generally speaking, when one person files bankruptcy, the co-signor is then stuck with paying the debt or find some sort of mitigating solution. It is important to note whether or not the car was purchased prior to the divorce and whether or not you are on the loan. As a general rule, divorce decrees trump bankruptcy. Simply put, if he promises to pay the car loan via the the divorce decree (and therefore likely promises to hold you harmless), then he is likely in contempt of court for violating the divorce decree. Additionally, the forgery is a whole other issue which depending on any statute of limitations, you may be able to consult with a local prosecutor for some advice. Where to start? I recommend speaking first with your divorce attorney and if necessary, then speak with a bankruptcy attorney. Ultimately, you should have some options at your disposal, but this fact pattern has a lot to sort through still. Good luck.

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  • In the state of Ohio is there a restriction on how long you have to stay in the state after you file Bankruptcy?

    wanted to know if Ohio is like Arizona where you have to wait at least 6 months after filing before you move out of state?

    Scott’s Answer

    I am not aware of any restrictions on you moving out of state after the filing of your bankruptcy case. However, there are residency/domicile conditions which you must meet (prior to filing bankruptcy). In regards to post-filing be sure to attend your Meeting Of Creditors. Also, be sure to inform your bankruptcy attorney of your new address as he/she will will need to file a Notice of Change of Address with the Court. It is important that you can be reached during the period of time leading up to both discharge and closure. Hope this helps.

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  • I want to rescind my affirmation agreement, will it reopen my case?

    I signed an affirmation agreement to keep my car, but now I want to rescind, my bankruptcy was just discharged, but I still have time left from when the agreement was filed. My lawyer is telling me that it'll reopen my case and my bankruptcy coul...

    Scott’s Answer

    My colleagues have raised some interesting points. I would advise that you ask your attorney to look closely at the rescission language in the statute to see if you still fall within rescission time deadlines. There will be two "timelines" which your attorney will examine and one will apply. Also, another attorneys distinction between discharge and closure is also a nice distinction. Some business can still be done during the interim. I would advise calling your attorney ASAP as time is of the essence. Hope this is helpful.

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