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Ohio Bankruptcy Lawyer

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Ohio Bankruptcy Lawyer

The financial pressure you feel right now is not an accident. The threat of wage garnishment, the foreclosure notices, and the relentless phone calls are strategic moves designed to force you to prioritize the creditor’s balance sheet over your own livelihood. 

But there is a counter-measure. The bankruptcy code is federal law designed specifically to stop these actions in their tracks.

At Amourgis & Associates, we understand this dynamic. We represent everyday people, never the banks, insurance companies, or corporations trying to collect from them. While the creditors have teams of attorneys protecting their bottom line, we act as the shield for yours.

Reading about your rights is only the first step; applying them to your specific situation is where the real change happens. If you are ready to explore your options, call Amourgis & Associates to speak with us today.

Why Choose Amourgis & Associates?

Many law firms operate like factories, treating clients as file numbers to be processed and archived. Even worse, some general practitioners lack the focused experience required to handle difficult financial restructuring effectively.

A poorly handled petition could have serious consequences. If your paperwork is incorrect, you could lose assets you were entitled to keep, have your case dismissed, or even face allegations of fraud. You need a team that understands the specific nuances of the courts in both the Northern and Southern Districts of Ohio.

A Mission Founded on Advocacy

Our firm was founded in 1998 by Julius Amourgis with a specific mission: to help Ohio families, not corporations. Julius transitioned from a background in business and manufacturing into law because he saw a need to help regular people manage crises. That philosophy drives everything we do.

We have a strict policy regarding who we represent. Amourgis & Associates never represents insurance companies or businesses. This ensures there is zero conflict of interest. When we stand in court, there is no question about whose side we are on.

Recognized Experience

Our commitment to this field has earned us significant recognition. Julius Amourgis is recognized as an “America’s Top 50 Lawyer” in the bankruptcy field for Ohio and holds a perfect 5.0/5.0 Martindale-Hubbell rating. This is a reflection of decades of protecting client interests.

Our team brings a depth of experience that goes beyond standard filings. Attorney Rich Green, for example, brings multilingual capabilities to the table, including German, Spanish, and Mandarin Chinese. We believe that language barriers should never prevent someone from accessing justice.

This dedication to client service is why we hold a 4.5-star rating on Elite Litigators. We focus on providing a fresh start, not just processing paper. We also make the logistics easy for you. With offices across the state, such as our Akron office on W Market St. and our Cleveland office near the City Center, we are accessible when you need us.

The Basics of Bankruptcy Law in Ohio

Chapter 7: Liquidation (The Fresh Start)

Chapter 7 is what most people think of when they hear “bankruptcy.” It is designed for individuals with significant unsecured debt and lower income. The process is relatively fast, typically resolving in a matter of months.

To qualify, you must pass the Means Test. This is a calculation that compares your household income to the median income in Ohio for a household of your size. If your income falls below the median, or if your disposable income is low enough after allowable expenses, you qualify.

  • The Asset Myth: There is a common fear that Chapter 7 involves the trustee selling everything you own. While it is technically a liquidation chapter, the vast majority of our clients keep all their property. This is due to exemptions (more on this below).

Chapter 13: Reorganization (The Wage Earner's Plan)

Chapter 13 is a reorganization bankruptcy. It is usually the better choice for homeowners facing foreclosure, individuals with significant equity in their assets, or high-income earners who do not pass the means test.

Instead of wiping out debt immediately, you enter a repayment plan. You consolidate your debts into one monthly payment sent to a court-appointed trustee for 3 to 5 years. The trustee then distributes this money to your creditors. At the end of the plan, the remaining qualifying unsecured debt is discharged.

This chapter is powerful because it allows you to save your home. If you are behind on your mortgage, Chapter 13 allows you to cure the arrears over the life of the plan while maintaining your current mortgage payments. It stops the foreclosure and gives you up to five years to catch up.

Ohio Exemptions: Keeping Your Property

Exemptions are laws that protect specific value in your property from being taken by the trustee to pay creditors. Ohio has generous exemptions that cover the basics most families need.

  • Homestead Exemption: Under Ohio Revised Code § 2329.66(A)(1), you may protect a specific amount of equity in your residence. This ensures that you do not lose your house simply because you have a small amount of equity in it.
  • Motor Vehicle Exemption: Section (A)(2) of the same code protects equity in one motor vehicle. This ensures you can still get to work.
  • Wildcard Exemption: Ohio law also provides a wildcard exemption (Section A(18)) that may be applied to any property, including cash or tax refunds, to protect assets that don’t fall into other specific categories.

Bankruptcy Cases We Handle

Medical Debt

  • Includes: ER visits, surgery bills, ambulance charges, specialist care, imaging, and long hospital stays that turn into collections.
  • How we help: We use Chapter 7 or Chapter 13 to deal with medical balances alongside the rest of your unsecured debt, then structure the filing to protect the property you rely on. Learn more about medical debt bankruptcy.

Foreclosure Cases

  • Includes: Notice of intent to foreclose, a filed foreclosure complaint, missed mortgage payments, and an approaching sheriff’s sale.
  • How we help: We review the lender’s paperwork, push loan modification or forbearance options where they fit, and use Chapter 13 when the goal is to stop the process and catch up over time while you keep making current payments. Learn more about foreclosure defense.

Debt Defense

  • Includes: Collection lawsuits for credit cards, medical bills, personal loans, and debt-buyer accounts.
  • How we help: We file the response, force proof of the debt, challenge the amount when it’s wrong, raise defenses when the suit is filed against the wrong person, and work toward a resolution that protects your paycheck, your bank account, and your record. Learn more about debt defense.

Common Causes of Filing

Remember that you are not alone in this. Thousands of Ohio residents file every year.

The most common drivers are circumstances beyond your control, such as medical emergencies that result in massive uninsured costs, sudden job loss, divorce, or predatory high-interest loans.

Get a Free Bankruptcy Consultation

Where Financial Crisis Hits in Ohio

Ohio’s economy has shifted drastically over the last few decades. The industrial changes in the Rust Belt have had lingering effects on personal finances in cities like Akron and Cleveland. While the economy has evolved, many families are still one paycheck away from a crisis.

In areas like Columbus, rising property values present a double-edged sword. While home equity is increasing, so are property taxes and the cost of living. Many residents find themselves house rich and cash poor, struggling to keep up with mortgages despite having good equity. This sometimes leads to foreclosure risks where Chapter 13 becomes a necessary tool.

Medical debt remains a primary driver of filings across the state. It affects families regardless of their employment status or where they live. A single hospitalization could wipe out a savings account and lead to aggressive collection actions.

Bankruptcy cases in Ohio are filed in one of two jurisdictions: the Northern District of Ohio (covering Cleveland, Akron, Youngstown, Toledo) or the Southern District of Ohio (covering Cincinnati, Columbus, Dayton). Each district has its own trustees and local rules. Having a lawyer who regularly appears in your specific district (whether that is appearing before a trustee in Cleveland or Columbus) ensures your case moves smoothly.

Dealing with Creditors: The Conflict of Interest

You cannot effectively handle creditors on your own because your goals are fundamentally opposed. Debt collectors and credit card companies are businesses. Their objective is to maximize profit. In many cases, collection agencies buy old debt for pennies on the dollar. Their incentive is to collect the full amount aggressively to widen their margin.

This profit motive leads to tactics that range from annoying to illegal:

  • Harassment: Creditors may call you relentlessly at work or home, trying to embarrass you or threaten your job security.
  • Psychological Pressure: They use scripts designed to guilt-trip you, talking about moral obligations while ignoring your practical inability to pay.
  • Legal Threats: Collectors frequently threaten immediate wage garnishment or lawsuits. Know that they usually need a court judgment before they can actually garnish your wages.

When you hire Amourgis & Associates, you gain a legal shield. Once you are represented, you can direct all communication to us. This ends the direct conflict and forces creditors to follow the strict rules of the Fair Debt Collection Practices Act (FDCPA)

What to Do Before Filing (Home Preparation)

What you do immediately before filing for bankruptcy matters just as much as the filing itself. There are specific actions you must take to protect your estate and ensure your discharge goes through smoothly.

Stop Using Credit Cards Immediately. 

This is imperative. If you continue to use credit cards knowing you are about to file for bankruptcy, a creditor might argue that you committed fraud. They may claim you ran up debt with no intention of paying it back. Stop all charging immediately.

Gather Your Documentation. 

The court requires transparency. Start compiling your pay stubs for the last six months, your federal tax returns for the last two years, recent bank statements, and a comprehensive list of everyone you owe money to. This preparation makes the filing process much faster.

Do Not Transfer Assets. 

A common mistake is signing a car over to a relative or “selling” a house to a friend for $1 to hide it from the court. Do not do this. This is considered a fraudulent transfer. The trustee could reverse the transaction, take the asset, and you could be denied your discharge. Freeze your assets where they are.

Check Your Bank Accounts. 

If you owe money (like a credit card or personal loan) to the same bank where you have your checking or savings account, you should open a new account at a different institution. Banks sometimes have a right of setoff, allowing them to take money from your checking account to pay your credit card bill without warning.

Frequently Asked Questions

Bankruptcy

How do I know if I should file bankruptcy?

If you call our Ohio personal bankruptcy lawyers, we can help you determine whether bankruptcy is the right option for you.

One way to determine whether bankruptcy is right for you is to look at your circumstances. If you have, you know, garnishments, repossessions, bank attachments, lawsuits, utility disconnections evictions, you’re either being evicted, or you feel the threat of an eviction foreclosure, either as a foreclosure or foreclosure is coming down the pipe to other areas are if your car payment is too high, and you feel like you just can’t make that car payment. Possibly bankruptcy is a way to get you out of that and ultimately a more affordable car. Another issue is if you have car problems, or if you’re starting to have problems with your car, and you still have a really high balance left on your car. That’s another option where we’re bankruptcy could be good for you. credit cards, credit card debt, medical debt, you know, payday loans, any other kinds of unsecured loans, high-interest loans, there’s definitely a way to get you some breathing room or get you the relief that you need based on your circumstances. So, definitely contact our law firm we can go through your particular circumstances.

What Should I do Before I File for Chapter 7 Bankruptcy?

What Should I do Before I File for Chapter 7 Bankruptcy?

  1. One of the things you should do before filing bankruptcy is take your credit counseling course. That’s one requirement for a bankruptcy filing. It’s a telephone course. It’s something that you can register for a nominal cost. It’s just listening to a recorded voice about debt credit and budgeting. It’s usually about an hour long. That’s one thing you have to do before filing your case.
  2. Another thing you should consider doing prior to filing your case is gathering your financial documents, your pay stubs, your bank statements, your tax returns, all those things that you’re going to want to share with your attorney during the consultation or shortly after the consultation.
  3. Consider opening a new bank account, if you have creditors, a lot of times people have creditors who are taking automatic payments out of their bank account, payday loans, or taking money out of the bank account. It’s good to take open up a new bank account so that those deductions aren’t happening anymore.
  4. While you’re going ahead and proceeding with the bankruptcy filing. refer your collection calls to your attorney, this is probably the best thing you can do prior to filing your case, you don’t have to take those harassing phone calls anymore. Once you hire an attorney, refer those collection calls to your attorney. Once you have an attorney, they’re supposed to call the attorney. And if they don’t, then you let us know. And we’ll make sure that they don’t call you anymore. Ask your attorney any questions that you have and let them know if there’s a change in circumstances in your case.
  5. That’s another thing that you’ll want to do. For example, if before filing your case, if you have a job loss or a change in jobs, or a change in circumstances, good or bad, you’re going to want to make sure that you let your attorney know because that’s something that could impact your case.
  6. Another thing is you’re going to want to make sure that if you’re thinking about doing something prior to your bankruptcy filing, definitely call your attorney and talk to them about it before doing whatever you’re thinking about doing because it could have an impact on your case, it’s better to check with your attorney before actually taking that action.
  7. I’d start the process sooner rather than later. That’s one of the things prior to filing your case. Jump on the process right away if you know that bankruptcy is inevitable because of your circumstances. It’s better to do it earlier than later because of garnishments bank attachments. You know, foreclosures, repossessions, all those things can be prevented by filing for personal bankruptcy and you don’t want to be in a situation where you’re where you need to file bankruptcy and your wages are being garnished 25% of every single paycheck because then it makes it hard to get to that next step of filing.

How long does it take to rebuild credit after filing for chapter 7 bankruptcy?

How long does it take to rebuild credit after filing for Chapter 7 bankruptcy?

You can start rebuilding your credit right away after an Ohio Chapter 7 bankruptcy filing. That’s why they call it a “fresh start bankruptcy” because you’re gonna get credit card offers in the mail car loan offers in the mail. You’ll also most of our clients. For example, chapter 7 clients can file a bankruptcy and within six months to a year after the bankruptcy, their credit score goes up 50 to 150 points. That’s most of our clients, you can definitely achieve a credit score of 700 or higher within two years of the bankruptcy filing. If you don’t own a home and you want to buy a home, a bankruptcy can help you with that. You can usually buy a home within two years of the chapter 7 bankruptcy discharge.

Is my 401k money safe during bankruptcy?

Is my 401k money safe during bankruptcy?

401k money is 100% protected, the court cannot touch your 401k.

It’s 100% protected unless you take it out of the 401k. If you withdraw the money out of the 401k and put it in your bank, it’s no longer protected. It’s something that the bankruptcy court can get their hands on if it’s not properly protected. And another major thing not to do prior to filing is don’t transfer any assets to family or friends prior to filing your case. A lot of people think, you know, they own real estate or they have cars, and they think “hey, before filing my case, I’m going to transfer that out of my name into my friend’s name or family’s name”. And if you do that, again, it’s something that you’re most people’s houses, most people’s cars are 100% protected, but as they start to try to transfer things prior to filing, it can make a protected asset all of a sudden become an unprotected asset and something you could lose in the bankruptcy court.

What shouldn’t I do before filing bankruptcy?

What shouldn’t I do before filing bankruptcy?

Some of the things that you shouldn’t do before filing bankruptcy are:

  1. Don’t lie about your assets or your income. If you’re trying to hide assets or you know, misrepresent what your income is, the bankruptcy court and the trustees are going to find out, and then there’s going to be serious repercussions. A lot of times, your case will get dismissed, and those debts that you listed on your bankruptcy will be non-dischargeable forever.
  2. Another thing is that you shouldn’t do is I wouldn’t recommend filing bankruptcy on your own. Filing bankruptcy without an attorney is something you shouldn’t do. I would definitely recommend consulting with an personal bankruptcy attorney before filing a bankruptcy.
  3. Also, don’t run up your credit cards prior to filing bankruptcy. If you run up your credit card debt prior to filing bankruptcy, any credit card debt that you have that you’ve incurred within 90 days of the filing is something that can be disputed and objected to by the credit card companies. So you may end up paying all that credit card debt back if you try to use up your credit limit right before filing.
  4. Don’t incur any new debt unless absolutely necessary before filing your case. A good example of that is your car dies, right? You have to get another car loan. That’s something you can avoid. You have to get that car loan and do that but don’t go out and get a personal loan, an unsecured loan to try to pay some things or you know, put some money in the bank as a result of that loan.

Can I keep my cell phone in Chapter 7 bankruptcy?

Can I keep my cell phone in Chapter 7 bankruptcy?

You can definitely keep your cell phone after filing Chapter 7. However, you know, you can keep your cell phone keep making the payments on the cell phone pursuant to the contract that you’re in for your cell phone. Or you also have the option to get rid of the cell phone, wipe it out, and get yourself another cell phone. If you have a cell phone bill where you know you owe $1,000-$1,500 and want to get out of that and get yourself a different phone, you have that option too.

Can I file bankruptcy on medical bills in Ohio?

Can I file bankruptcy on medical bills in Ohio?

You can definitely file bankruptcy on medical bills in Ohio. Actually, medical bills are a major cause of bankruptcy filings. As you’re aware over the last several years, medical costs have gone up. You know, all it takes is a lot of times one unexpected surgery to cause financial devastation to someone or someone in their family.

How much does it cost to file for bankruptcy in Ohio?

How much does it cost to file for bankruptcy in Ohio?

How much it costs to file bankruptcy in Ohio depends on what part of Ohio you live in and what Chapter bankruptcy you’re going to be filing. The costs range anywhere from $400 to $600, normally.

How often is a Chapter 7 bankruptcy denied?

If you have a good bankruptcy attorney 99% of the Chapter 7 claims that are filed will go through. Now, if you don’t have a bankruptcy attorney and try to represent yourself there’s a high probability of failure. I’d say more like 5% of the cases would go through successfully. There’s a lot of pitfalls. It’s not something I would recommend.

What is the difference between Chapter 7 and Chapter 13?

The primary difference between a Chapter 7 and Chapter 13 bankruptcy involves how a debtor’s debts are paid off during the bankruptcy process.

In Chapter 7, the debtor’s estate is largely liquidated. The money from the liquidation is used to pay off as much of the debt as is owed to creditors.

In a Chapter 13 bankruptcy, the debtor usually does not liquidate large portions of the estate. Instead, the debtor comes up with a plan to pay off all or a substantial portion of debts within a three to five-year period. Ultimately, filers for Chapter 13 bankruptcy get to keep more of their property. Creditors recover more money on the debts they’re owed.

How soon can I file bankruptcy again after filing a Chapter 7 bankruptcy?

In Ohio, you can file a Chapter 7 bankruptcy every eight years. Read more about Chapter 7 bankruptcy from our experienced lawyers on our website!

How long does bankruptcy take in Ohio?

It depends on what type of bankruptcy you’re filing. In Ohio, in Chapter 7 the time period is usually a three to six months. Time period in a Chapter 13, which is a repayment plan, over a three to five year period

How much debt do I have to have to file bankruptcy in Ohio?

There’s no magic number on how much money how much debt you have to have to file bankruptcy in Ohio. But we advise that it is somewhere between $4,000 to $5,000 or more because the costs to file a bankruptcy claim in Ohio are anywhere from $400 and up

Why Should I Hire the Amourgis Law Firm?

You should hire us because we have the knowledge, experience and resources in order to get the get you the resolution you need. We’ve been practicing law since the 20th century and we’ve grown to understand that we need to provide real solutions for real people. And that’s exactly what we want to do for you.

Do you need a lawyer to file for bankruptcy?

Although you’re not required to hire an attorney to file for bankruptcy, it is not recommended that you proceed to bankruptcy without legal assistance. A bankruptcy attorney can help you explore alternatives to bankruptcy that may have a less drastic impact on your personal finances.

If bankruptcy proves to be your best option, an attorney can make sure that your petition and court filings are filled out correctly and filed on time. Making a mistake in your bankruptcy filings can lead to the dismissal of your case, the loss of important rights and bankruptcy protections, or the imposition of fines and fees.

What is the Ohio bankruptcy means test?

The Ohio bankruptcy means test determines your eligibility to file for Chapter 7 bankruptcy when your annual household income exceeds the median income for a household of similar size in Ohio. The means test allows you to prove to the court that your disposable income cannot satisfy a repayment plan under Chapter 13 bankruptcy.

Under the means test, you add up all your sources of income, including wages, business
income, interest and dividends, pension, retirement benefits, alimony, child support, workers’ compensation and unemployment benefits. You then subtract allowable expenses from your average monthly income, such as housing costs, transportation costs, food, utilities, health insurance, and out-of-pocket medical costs.

If your monthly income for the next 60 months will not exceed $7,475, you pass the means test. If it exceeds $12,475, you fail the means test. If your monthly income falls between these amounts, you’ll need to calculate whether you have sufficient income to pay at least 25 percent of your unsecured debts over the next five years.

What are the Ohio bankruptcy exemptions?

Under Ohio law, you may exempt the following property from bankruptcy:

  • Up to $145,425 in home equity.
  • Up to $4,000 of value in a motor vehicle.
  • Up to $500 of cash on hand or on deposit.
  • Household items worth less than $625, up to an aggregate total of goods worth
    $13,400.
  • Up to $1,700 in jewelry.
  • Up to $2,550 in property used for your job or business.
  • Up to $25,175 in personal injury lawsuit compensation.
  • Up to 75 percent of your wages.
  • The full amount of your life insurance policy.
  • The full value of your burial plot.
  • The full amount of your workers’ compensation benefits.
  • The full amount of unemployment benefits.
  • The full value of your retirement plans or accounts.
  • Up to $1,325 of value in any property you choose. The amount can be added on to other exemptions or used to protect property that is not otherwise exempt.

Don’t Let Debt Define Your Future

There is a heavy stigma attached to debt, but you must remember that bankruptcy is a financial planning tool. Major corporations use it to restructure, and the law allows you to do the same. It exists to help you stabilize your life, not to punish you.

You do not have to face the trustees, the banks, or the harassment alone. Our team handles the difficult filing, the meetings with creditors, and the negotiations. We stand between you and the pressure.

If you are ready to stop the calls and begin rebuilding your credit, contact us today. Call Amourgis & Associates for a free consultation at one of our six Ohio locations.

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