The law office of bankruptcy attorney
Mark Herder has proudly represented over 16,000 clients in direct connection with federal bankruptcy cases. The filing of a Chapter 7 bankruptcy petition is an extremely popular and effective legal remedy utilized by consumers to stop wage garnishments, halt bank account attachment, bring lawsuits to a standstill and forever terminate creditor harassment. Most unsecured pre-petition debts are discharged (eliminated) upon the successful conclusion of the Chapter 7 bankruptcy case. Common examples of unsecured debts are credit cards, outstanding medical bills, department store cards, delinquent utility bills, some personal loans, payday loans, check-cashing establishments, prior eviction balances and outstanding balances for previously repossessed vehicles. Liability to most unsecured creditors is eliminated when the federal bankruptcy court judge enters (signs) an order of discharge.
In any bankruptcy proceeding, a client must obtain mandatory credit counseling within 180 days prior to the filing of any bankruptcy petition (please see our
Links And Resources section). In any bankruptcy proceeding, a Trustee is appointed to administer the bankruptcy proceeding. In a huge majority of bankruptcy cases, the Debtor legally retains most household goods, furnishings, personal property and personal possessions, especially since most of these personal assets are protected by the applicable exemption provisions of the Ohio Revised Code (as incorporated by the United States Bankruptcy Code).
A Debtor must pass a “means test”, which determines eligibility for a Chapter 7 bankruptcy filing. People with incomes higher than the applicable median income for the County of residence in the State of Ohio can exercise the option of filing a Chapter 13 bankruptcy petition. Also, a Debtor is not eligible for a Chapter 7 bankruptcy if a prior Chapter 7 bankruptcy case was filed within the past eight (8) years. Bankruptcy protection is still available for such individuals through a Chapter 13 proceeding!
Most types of unsecured debt are legally discharged in a Chapter 7 bankruptcy proceeding, but there are various types of debt that are not discharged in a Chapter 7 case. Common exceptions to discharge include student loans, income taxes, real estate taxes, child support payments, alimony payments, court fines and criminal restitution.
One of the primary purposes of bankruptcy is to give an honest individual debtor a "fresh start" -- upon successful completion of a bankruptcy case, the debtor has no liability for discharged debts.
Please feel free to ring us at (614) 444-5290
to talk with a knowledgeable attorney about the filing of any bankruptcy case, especially a Chapter 7 petition. Your initial consultation is free!