The Basics of Chapter 7 Bankruptcy in the Southern District of Ohio

Your Dayton bankruptcy attorney can help you file a petition under chapter 7 of the bankruptcy code that “automatically stays” ( or stops) most collection actions against you, the debtor or your property. 11 U.S.C. § 362.  The stay arises by operation of law and requires no judicial action. As long as the stay is in effect, creditors generally may not initiate or continue lawsuits, wage garnishments, or even telephone calls demanding payments. The bankruptcy clerk gives notice of the bankruptcy case to all creditors whose names and addresses are provided by the debtor.

Between 20 and 40 days after the petition is filed, the case trustee will hold a meeting of creditors, or 341 Hearing.  During this meeting, the trustee puts the debtor under oath, and both the trustee and creditors may ask questions. The debtor must attend the meeting and answer questions regarding the debtor’s financial affairs and property.  11 U.S.C. § 343. If a husband and wife have filed a joint petition, they both must attend the creditors’ meeting and answer questions. Within 10 days of the creditors’ meeting, the U.S. trustee will report to the court whether the case should be presumed to be an abuse under the means test described in 11 U.S.C. § 704(b).

After filing the bankruptcy case, but before a discharge will be issued, debtors are required to take a financial management class (in addition to the credit counseling class that is a required BEFORE filing).

In most “no asset” Chapter 7 bankruptcies (explained below), after the meeting of creditors, or 341 Hearing, if no issues arise, the debtor usually receives his discharge within 2 months.

To learn more about bankruptcy, or to discuss your personal financial situation with an experienced Dayton bankruptcy attorney, please contact Baldwin Valley & Wallace LLC today by clicking on the preceding link, by e-mail to mailbox@bvw-law.com or by telephone to (937) 436-0699.

The contents contained in Baldwin Valley & Wallace LLC’s Blog and Web Page(s) are for educational and informational purposes only, and shall not be construed as legal advice. The reading of Baldwin Valley & Wallace LLC’s Blog or Webpage does not create an attorney/client relationship with Baldwin Valley & Wallace LLC. Please consult an Attorney in your jurisdiction (where you live or where the legal action arose) if you are seeking legal advice or representation. Please further be advised that Baldwin Valley & Wallace LLC is a debt relief agency and helps people file for bankruptcy relief under the United States Bankruptcy Code.

Dayton OVI/DUI Checkpoints Announced for the Thanksgiving Holiday

The Montgomery County, Ohio Sheriff’s Office and the Combined Agency OVI Task Force have announced that there will be OVI (DUI) checkpoints set-up over the upcoming Thanksgiving Day holiday. In addition to the checkpoints, Dayton area police agencies will be participating in saturation patrol efforts to deter and apprehend impaired drivers.

The OVI checkpoint location(s) will be announced Wednesday, November 21, 2012.

Baldwin Valley & Wallace LLC wish you all a safe and happy holiday.

For more information on the legality of a OVI or DUI stop at a checkpoint, or to speak to an experienced Dayton OVI lawyer or Dayton DUI attorney , contact Baldwin Valley & Wallace LLC today by clicking on the preceding link, by e-mail to mailbox@bvw-law.com or by telephone to (937) 436-0699.

The contents contained in Baldwin Valley & Wallace LLC’s Blog and Web Page(s) are for educational and informational purposes only, and shall not be construed as legal advice. The reading of Baldwin Valley & Wallace LLC’s Blog or Webpage does not create an attorney/client relationship with Baldwin Valley & Wallace LLC. Please consult an Attorney in your jurisdiction (where you live or where the legal action arose) if you are seeking legal advice or representation. Please further be advised that Baldwin Valley & Wallace LLC is a debt relief agency and helps people file for bankruptcy relief under the United States Bankruptcy Code.

Best Interest of the Child Must Be Considered When Ohio Courts Allocate Parental Rights

Under Ohio child custody law, an allocation of parental rights and responsibilities must be in accordance with the best interest of the child. Some of the relevant factors used by the Court to determine what is in a child’s best interest are found in Ohio Revised Code Section 3109.04 (F) and are summarized below:

(a) The wishes of the child’s parents regarding the child’s care;
(b) If the court has interviewed the child in chambers pursuant to division (B) of this section regarding the child’s wishes and concerns as to the allocation of parental rights and responsibilities concerning the child, the wishes and concerns of the child, as expressed to the court;
(c) The child’s interaction and interrelationship with the child’s parents, siblings, and any other person who may significantly affect the child’s best interest;
(d) The child’s adjustment to the child’s home, school, and community;
(e) The mental and physical health of all persons involved in the situation;
(f) The parent more likely to honor and facilitate court-approved parenting time rights or visitation and companionship rights;
(g) Whether either parent has failed to make all child support payments, including all arrearages, that are required of that parent pursuant to a child support order under which that parent is an obligor;
(h) Whether either parent or any member of the household of either parent previously has been convicted of or pleaded guilty to any criminal offense involving any act that resulted in a child being an abused child or a neglected child;
(i) Whether the residential parent or one of the parents subject to a shared parenting decree has continuously and willfully denied the other parent’s right to parenting time in accordance with an order of the court;
(j) Whether either parent has established a residence, or is planning to establish a residence, outside this state.

For more information, please see below:

http://codes.ohio.gov/orc/3109.04

To schedule a free consultation to discuss your situation with a Dayton child custody attorney or a Dayton family lawyer, contact Baldwin Valley & Wallace LLC today by clicking on the preceding link, by e-mail to mailbox@bvw-law.com or by telephone to (937) 436-0699.

The contents contained in Baldwin Valley & Wallace LLC’s Blog and Web Page(s) are for educational and informational purposes only, and shall not be construed as legal advice. The reading of Baldwin Valley & Wallace LLC’s Blog or Webpage does not create an attorney/client relationship with Baldwin Valley & Wallace LLC. Please consult an Attorney in your jurisdiction (where you live or where the legal action arose) if you are seeking legal advice or representation. Please further be advised that Baldwin Valley & Wallace LLC is a debt relief agency and helps people file for bankruptcy relief under the United States Bankruptcy Code.

Can Shared Parenting Be Terminated in Ohio?

Shared parenting may be terminated by a Court upon the motion of either parent or whenever the Court determines that shared parenting is no longer in the best interest of the children. Under Ohio Revised Code 3109.04(E)(2)(c), a Court is not required to find a change in circumstances before terminating a shared plan. If a shared parenting plan is terminated, the Court will then allocate parental rights and responsibilities based on what is in the best interest of the children as if shared parenting had never occurred.

For more information, please see below:

http://codes.ohio.gov/orc/3109.04

To schedule a free consultation to discuss your situation with a Dayton child custody attorney or a Dayton family lawyer, contact Baldwin Valley & Wallace LLC today by clicking on the preceding link, by e-mail to mailbox@bvw-law.com or by telephone to (937) 436-0699.

The contents contained in Baldwin Valley & Wallace LLC’s Blog and Web Page(s) are for educational and informational purposes only, and shall not be construed as legal advice. The reading of Baldwin Valley & Wallace LLC’s Blog or Webpage does not create an attorney/client relationship with Baldwin Valley & Wallace LLC. Please consult an Attorney in your jurisdiction (where you live or where the legal action arose) if you are seeking legal advice or representation. Please further be advised that Baldwin Valley & Wallace LLC is a debt relief agency and helps people file for bankruptcy relief under the United States Bankruptcy Code.

You Can Protect Much of Your Property in a Chapter 7 Bankruptcy

Among the schedules that your Dayton bankruptcy attorney will file in a Chapter 7 bankruptcy is a schedule of “exempt” property. The Bankruptcy Code allows an individual debtor (4) to protect (and therefore retain) some property from the claims of creditors because it is exempt under federal bankruptcy law or under the laws of the debtor’s home state. 11 U.S.C. § 522(b). Some of the Ohio Exemptions (O.R.C. 2329.66) are listed below:

1) Personal residence = $20,200
2) Motor vehicle = $3,225
3) Cash = $400
4) Household Items (aggregate) = $10,775
5) Jewelry = $1,350
6) Tools of trade = $2,025
7) Award for personal bodily injury (received within 12 months of bankruptcy) = $20,200
8) Retirement Account Funds = Unlimited

To learn more about bankruptcy, or to discuss your personal financial situation with an experienced Dayton bankruptcy attorney, please contact Baldwin Valley & Wallace LLC today by clicking on the preceding link, by e-mail to mailbox@bvw-law.com or by telephone to (937) 436-0699.

The contents contained in Baldwin Valley & Wallace LLC’s Blog and Web Page(s) are for educational and informational purposes only, and shall not be construed as legal advice. The reading of Baldwin Valley & Wallace LLC’s Blog or Webpage does not create an attorney/client relationship with Baldwin Valley & Wallace LLC. Please consult an Attorney in your jurisdiction (where you live or where the legal action arose) if you are seeking legal advice or representation. Please further be advised that Baldwin Valley & Wallace LLC is a debt relief agency and helps people file for bankruptcy relief under the United States Bankruptcy Code.

Basic Items Needed to File a Chapter 7 Bankruptcy in the Southern District of Ohio

In order to file a Chapter 7 bankruptcy case, your Dayton bankruptcy attorney will need to file a petition, a schedule of assets and liabilities, a schedule of current income and expenditures, a schedule of exempt (or protected) property, a statement of financial affairs, and a schedule of executor contracts and unexpired leases with the bankruptcy court serving the area where the individual lives (or where the business debtor is organized or has its principal place of business or principal assets).
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In order to complete the Official Bankruptcy Forms mentioned above, the debtor must provide the following information:

1. A list of all creditors and the amount and nature of their claims;
2. The source, amount, and frequency of the debtor’s income;
3. A list of all of the debtor’s property and the property’s value; and
4. A detailed list of the debtor’s monthly living expenses, i.e., food, clothing, shelter, utilities, taxes, transportation, medicine, etc.

Married individuals must gather this information for their spouse regardless of whether they are filing a joint petition, separate individual petitions, or even if only one spouse is filing. In a situation where only one spouse files, the income and expenses of the non-filing spouse are required so that the court, the trustee and creditors can evaluate the household’s financial position.

Debtors must complete a credit counseling class prior to filing bankruptcy and file a certificate of completion. Debtors must also provide the assigned case trustee with a copy of the tax return or transcripts for the most recent tax year and proof of all income for the six months before the filing of the bankruptcy petition.

To learn more about bankruptcy, or to discuss your personal financial situation with an experienced Dayton bankruptcy attorney, please contact Baldwin Valley & Wallace LLC today by clicking on the preceding link, by e-mail to mailbox@bvw-law.com or by telephone to (937) 436-0699.

The contents contained in Baldwin Valley & Wallace LLC’s Blog and Web Page(s) are for educational and informational purposes only, and shall not be construed as legal advice. The reading of Baldwin Valley & Wallace LLC’s Blog or Webpage does not create an attorney/client relationship with Baldwin Valley & Wallace LLC. Please consult an Attorney in your jurisdiction (where you live or where the legal action arose) if you are seeking legal advice or representation. Please further be advised that Baldwin Valley & Wallace LLC is a debt relief agency and helps people file for bankruptcy relief under the United States Bankruptcy Code.