Posts By: Russ Cope

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 »

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 »