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 § … [Read more...] about Chapter 13 Bankruptcy is Binding Once Approved
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 … [Read more...] about Are Spousal Support Payments Dischargeable in Bankruptcy?
Using Ohio Bankruptcy Exemptions Bankruptcy exemptions allow you to prevent certain amounts of your property from being sold off in order to satisfy your debts. Under Ohio bankruptcy law, the “wildcard” exemption allows you to … [Read more...] about Debtor Uses Ohio Bankruptcy Exemptions Strategically to Protect Real Estate
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 … [Read more...] about Intentions Matter When Filing Bankruptcy 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 … [Read more...] about Why Can My Bankruptcy Discharge Be Denied in Ohio?
Living Paying for the Dream: In re Lofty, 437 BR 578 (S.D. Ohio 2010) What does it mean to act in “good faith?” When evaluating whether to approve Chapter 13 bankruptcy plans, the court is forced to answer this question. Does it … [Read more...] about Will My Ohio Chapter 13 Bankruptcy Be Approved? The Lesson of In re Lofty