Are My Student Loan Debts Dischargeable in an Ohio Bankruptcy?

In re Myhre, 2013 W.L. 3872509 (Bankr. W.D. Wis. 2013) Student loan debt is dischargeable in bankruptcy if repayment is an undue hardship. Although this case is based out of Wisconsin, many of the principles outlined in this post apply to Ohio bankruptcy filers as well. Generally speaking, courts will not allow for discharge of… Read more »

Can I get a Repossessed Car Back by Filing Bankruptcy?

Creditors must turn over property to the debtor as quickly as possible after learning that the debtor has filed for bankruptcy. In re Makowski, __ B.R. __ (Bankr. D. Alaska 2013) Cope Law Offices are located in Southern Ohio, but nonetheless, we thought this recent case out of Alaska would be of interest to our… Read more »

Chapter 13 Bankruptcy is Binding Once Approved

The Binding Effect of Chapter 13 Confirmation Under the legal doctrine of judicial estoppel, once a Chapter 13 bankruptcy plan has been confirmed, all issues relating to the confirmation of that plan have been resolved. 11 USC § 1327(a) states: “The provisions of a confirmed plan bind the debtor and each creditor, whether or not… Read more »

Are Spousal Support Payments Dischargeable in Bankruptcy?

Are Support Payments Dischargeable in Ohio? A dischargeable debt is one that can be eliminated during bankruptcy, meaning that you are no longer required to pay it off. However, some debts are non-dischargeable, meaning that you will be responsible for them in full, even after bankruptcy. Under 11 USC § 523(a)(5), payments for spousal support… Read more »

Intentions Matter When Filing Bankruptcy in Ohio

In re Weixel, 2013 WL 3243563 (U.S. Bankr. App. Ct. 6th Cir. 2013) General rule: intentions matter when filing bankruptcy in Ohio, courts will give increased scrutiny to cases that appear to have been filed in bad faith. It’s hard to give up a life of luxury. You get used to fine dining, flying first… Read more »

Why Can My Bankruptcy Discharge Be Denied in Ohio?

In re Johnson 387 B.R. 728 (S.D. Ohio 2008) Two for the Money: Embezzlement and Bankruptcy General rule: Fraud is one of the most common reasons the court will deny a bankruptcy discharge, however, failure to keep accurate records can jeopardize the discharge as well.  Mr. and Mrs. Johnson drove a Land Rover, wore the… Read more »

Does the Automatic Stay Protect Non-Filing Corporations?

In re Saleh (OH) – In re Saleh, 427 B.R. 415 (S.D. Ohio, 2010) Ali owned and operated a grocery store in Dayton, Ohio, and enjoyed reasonable success. The business was profitable and supported him and his family for many years. Looking to supplement his income from the grocery store, Ali decided to take out… Read more »