Bankruptcy Attorney Answers to Ohio's Most Common Debt Relief Questions

The truth is that you can only receive a bankruptcy discharge in a Chapter 7 bankruptcy once every eight years. You can file a Chapter 13 more often than that. Thus, you still have many bankruptcy options available to you even if you do not think you qualify for a Chapter 7 bankruptcy. This is why Rubinstein Law Firm offers you a no-obligation initial consultation to discuss your options.

Don’t believe them or let them frighten you, because we know how to stop harassing bill collectors for good. We can also pursue money damages for you under state and federal laws when collectors go too far, which happens more often than you’d think. We give you the tools to document illegal actions and take control of the situation, including going after them for money.

Debt collectors in Ohio can call and write you about debts owed in most cases, but the law requires them to stop contacting you once they know a lawyer represents you. We can also pursue actions against them if they violate the many laws restricting how they treat you. Once we file your bankruptcy case, federal law prohibits any further contact from debt collectors.

Do not believe most things the creditors tell you. Collection agencies are masters at stretching the truth and telling half lies in order to try and collect from you. Sometimes they say that their particular debt cannot be discharged in bankruptcy. Sometimes they state that if you only make this one payment, they will stop calling you. This is almost always not true.

When you file for bankruptcy, an automatic stay goes into effect immediately, stopping most collection actions on debts that arose before your filing. Think of it as a court ordered time out against your creditors, covering judgment enforcement, liens, and other collection efforts under Ohio law (it does not apply to alimony or support obligations). If a creditor violates this order, they can be held in contempt and may owe you sanctions, which is why Rubinstein Law Firm offers a no-obligation consultation to discuss your options.

A garnishment is a means of collecting a monetary judgment against a defendant by ordering a third party (the garnishee) to pay money. Once served with an Order of garnishment, your employer or bank is required by law to turnover part of your wages and/or account to the creditor. The only way to stop the garnishment is to pay off the debt or to file bankruptcy.

No. While an employer can usually find some reason to fire anyone, they cannot use bankruptcy as a basis for doing so. This is set forth in Section 525 of the Bankruptcy Code.

Filing a bankruptcy case can stop wage garnishments immediately and no future garnishments can occur from that point forward!

Bankruptcy has always been complex, and it grew even more so after the major changes Congress enacted in 2005, leading many general practitioners to leave this area of law. Please don’t try to handle this on your own or rely on a family lawyer who rarely does this work, since federal bankruptcy law differs from Ohio state law in ways specific to your situation. You should always consult a local bankruptcy lawyer in Cleveland for your specific questions.

No. Bankruptcy cannot erase certain debts, including child support, alimony, student loans, and debts from fraud, and any judgment tied to fraud stays in place too. Rubinstein Law Firm can advise you on all these scenarios before you file for bankruptcy in the U.S. Bankruptcy Court for the Northern District of Ohio.

It is not uncommon for one spouse to have a significant amount of debt in their name only. However, if spouses have debts they want to discharge that they are both liable for, they should usually file for bankruptcy protection together. Otherwise, the creditor will simply demand payment for the entire amount from the spouse who did not file.

You hire a lawyer for a reason, and Rubinstein Law Firm does all the work while walking you through every option available. We provide dedicated representation to every client we serve. Although our office is located in Independence, Ohio, we serve families throughout Northern Ohio, including Cuyahoga, Summit, Geauga, and Lake counties.

Most people file for bankruptcy after a life-changing event, such as divorce, job loss, serious illness, or a downturn in the Ohio real estate market, and we’ve represented clients earning over $100,000 a year alongside others who are currently unemployed. A wide range of circumstances lead individuals to seek bankruptcy relief. Mona Rubinstein believes everyone deserves a second chance, and bankruptcy is a legal remedy that offers real debt relief under the United States Bankruptcy Code.

When you file for bankruptcy here in Ohio, you are no longer obligated to repay them, but you always have that opportunity. If your conscience will not let you sleep at night because you did not pay your debts, there is nothing in the Bankruptcy Code or Ohio law that prevents you from doing that once you are back on your feet. But bankruptcy is an all-or-nothing deal, so you have to include all your creditors in the petition.

Generally speaking, taxes must be paid. However, many times taxes older than 3 years can be discharged. Please give Rubinstein Law Firm a call and we can discuss all your Ohio bankruptcy options.

What happens in bankruptcy (assuming you are successful) is that your legal obligation to pay on your debt will be discharged. Debts are never technically eliminated. They still exist after a bankruptcy, but you no longer have the legal obligation to pay on the ones that are discharged.