Bankruptcy Advice
Stopping Commercial Foreclosure Auctions Through the Automatic Stay
Does filing Chapter 11 stop a bank from taking my building? Yes. Filing for Chapter 11 bankruptcy triggers an automatic stay, which immediately halts foreclosure proceedings, including scheduled sheriff sales and bank seizures of commercial property. The automatic stay goes…
Retaining Equity Ownership Despite Unpaid Business Debts
Can I keep my business if I don’t pay all my creditors in full? Yes, in certain bankruptcy proceedings, business owners can retain full ownership of their company even when unsecured creditors don’t receive 100 percent of what they’re owed….
Leveraging Subchapter V to Streamline Small Business Reorganization
What Are the Benefits of Subchapter V for Ohio Small Businesses? Subchapter V gives Ohio small business owners a faster, less expensive path through Chapter 11 bankruptcy by eliminating many of the procedural hurdles that make traditional Chapter 11 prohibitively…
Using Federal Law to Force the Return of Your Repossessed Car
Yes. Filing Chapter 13 bankruptcy before the lender sells the vehicle may allow you to recover a repossessed car in Ohio through a turnover order. Timing matters because lenders often move quickly toward auction after repossession. Talk to a Lawyer…
Removing a Second Mortgage or HELOC From Your Home Title
Can Chapter 13 Bankruptcy Remove a Second Mortgage? Yes. Chapter 13 bankruptcy may allow Ohio homeowners to remove a second mortgage or HELOC through lien stripping if the home’s value is lower than the balance owed on the first mortgage….
The 5-Year Window to Catch Up on Missed Mortgage Payments
Can Chapter 13 Stop Foreclosure in Ohio? Yes. Filing Chapter 13 bankruptcy before a sheriff sale may stop foreclosure and allow Ohio homeowners to spread missed mortgage payments across a repayment plan lasting up to five years. Protection often ends…
How to Prevent Ohio Foreclosure Auctions with the Automatic Stay
The automatic stay, defined under 11 U.S.C. § 362, is a statutory right that stops creditors, such as mortgage lenders, county sheriffs, and Private Selling Officers (PSOs), from continuing any collection activities. In Ohio, where foreclosure is a strictly judicial…
Ohio Car Repossession Laws: How to Get Your Vehicle Back Before Auction
Ohio operates under self-help repossession laws. This means that a lender does not need to sue you, get a court order, or even warn you before they take their property back. As long as you are in default, and as…
How to Stop Creditors from Harassing You: A Guide to Understanding Your Rights and Legal Options
If a debt collector is harassing you on the phone, know that the law puts limits on what they’re allowed to do. The main federal law is the Fair Debt Collection Practices Act (FDCPA). It covers third-party collectors, like collection…
What Are the Ohio Means Test and Median Income Standards for Bankruptcy?
The Ohio Means Test determines whether you qualify for Chapter 7 bankruptcy. Pass, and the court can wipe out your credit card balances, medical bills, and other unsecured debts in about four months. Fail, and you are looking at a…