FAQ

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Frequently Asked Questions

Find answers to commonly asked questions about our products and services.

Do I qualify for bankruptcy?

Most individuals with significant debt can qualify for either Chapter 7 or Chapter 13. If your income is under the Ohio median for your household size, you’ll likely qualify for Chapter 7. If you earn more, you might still qualify by passing a detailed means test or by filing Chapter 13. The best way to know for sure is to schedule a free consultation.

What debts are discharged in Chapter 7?

Unsecured debts like credit cards, medical bills, certain personal loans, and past-due utility bills can often be discharged. However, not all obligations go away. Student loans, recent tax debts, child support, and alimony generally remain. An attorney can review your specific debts to determine which are dischargeable.

Can bankruptcy stop foreclosure on my home?

Yes. Filing for bankruptcy triggers an automatic stay, which immediately halts most foreclosure actions. Chapter 13 in particular is designed to help homeowners catch up on missed mortgage payments over time. The sooner you file, the better your chances of saving your home.

Will I lose my car or other property?

Many filers keep their car and household belongings thanks to Ohio’s exemption laws. In Chapter 7, non-exempt assets could be sold by the trustee to repay creditors, but most people don’t have non-exempt assets. Chapter 13 offers even greater protection, as you’re repaying debts through a plan rather than liquidating assets.

How long does bankruptcy stay on my credit report?

Chapter 7 stays on your credit report for 10 years from the filing date, and Chapter 13 stays for 7 years from the filing date.

However, many people start rebuilding credit long before the bankruptcy drops off their report. Some even see improvements to their credit score within a year post-discharge, especially if they manage new credit responsibly.

How long does the bankruptcy process take?

Chapter 7: Usually, 3 to 4 months from filing to discharge.

Chapter 13: Three to five years, as you’re making monthly plan payments. Once you complete the plan, any remaining eligible debts are discharged.

What is the 341 Meeting of Creditors?

The 341 Meeting is a mandatory hearing where you (the debtor) and the appointed trustee review your bankruptcy paperwork. Creditors may attend but often do not. The trustee may ask clarifying questions about your income, debts, or assets. This meeting generally takes place a few weeks after filing.

Can I file bankruptcy without my spouse?

Yes. Married couples can file jointly or separately. If only one spouse is responsible for most of the debt, it may make sense for that spouse to file individually. Keep in mind that if debts are jointly held, both spouses can still be liable unless both are part of the bankruptcy filing.

Will bankruptcy stop wage garnishment?

Absolutely. Once you file, the automatic stay should stop most wage garnishments immediately. This can offer swift relief and let you keep more of your paycheck to cover essential expenses.

How much does it cost to file bankruptcy?

There are court filing fees for both Chapter 7 and Chapter 13, and attorneys charge a fee that varies by case complexity. While it may seem counterintuitive to pay fees when you’re already struggling financially, the long-term relief often outweighs these costs.

Should I do debt settlement instead of bankruptcy?

Debt settlement can sometimes reduce the total amount owed, but it isn’t guaranteed and can harm your credit. Additionally, forgiven debt may be considered taxable income. Bankruptcy offers more comprehensive protections, like the automatic stay. That said, every situation is unique—speak with an attorney to explore the pros and cons of all options.

Still Have Bankruptcy Questions?

Bankruptcy law can be complex, and your financial situation is unique. The best way to get personalized advice is to speak with a local Cleveland attorney who can assess your case. We offer free consultations, so there’s no risk in scheduling a time to talk.
Reach out at (440) 331-9600 or fill out our online form. We’re here to help you find clarity, relief, and a fresh start.

don’t wait any longer

Contact Our Bankruptcy Lawyers Today!

Contact an experienced bankruptcy lawyer to take back financial control of your life.

(440) 331-9600

FAQ​

Get all your bankruptcy questions answered here. If you cant find your answer, give us a call!

Frequently Asked Questions

don’t wait any longer

Contact Our Bankruptcy Lawyers Today!

FAQ