Bankruptcy FAQ

Will filing Bankruptcy stop foreclosure proceedings?

If a foreclosure complaint has been filed against you or the bank is threatening to file a foreclosure complaint, one of Dailey Law Offices’ experienced Columbus Bankruptcy Lawyers can file a Chapter 13 bankruptcy to immediately stop a foreclosure. A bankruptcy can be filed as late as the day before your house is set to be sold at sheriff’s sale.

Can I keep my home and still file a Chapter 7 bankruptcy?

If you are current on mortgage payments you may file a Chapter 7 bankruptcy and still keep your home.

Will filing Bankruptcy stop a garnishment?

If you are facing a potential garnishment or have had wages garnished from your paycheck or your bank account has been attached, contact one of Dailey Law Offices’ Columbus Bankruptcy Lawyers today to end garnishment by filing bankruptcy. Any wages that are garnished or money that is taken from your bank account after you file for bankruptcy must be returned.

Will I be able to retain my vehicle if I file bankruptcy?

You will be able to retain your vehicle if you file a Chapter 13 or a Chapter 7 bankruptcy. If you file a Chapter 13 bankruptcy you will be paying your car payment through the plan. If you file a Chapter 7 and your vehicle is not yet paid off you will be required to file a reaffirmation agreement, reaffirming your obligation on the automobile loan. If the vehicle is paid off you will not have any issues with retaining your vehicle unless you have equity in the vehicle above the allowable exemption amount. One of Dailey Law Offices’ experienced Columbus Bankruptcy Lawyers will discuss this with you at your free initial consultation.

Can I be fired for filing bankruptcy?

Your bankruptcy will stay on your credit report for 7-10 years after you file for bankruptcy, however you will be able to begin rebuilding your credit much sooner than that. You will be able to obtain secured credit cards and loans with a higher rate of interest initially and as time passes and your payment history proves itself your credit will start to build up again.

Can I file bankruptcy individually if I am married?

Yes. But if you are living with your spouse then you must include their income for the purposes of the income means test. If your spouse does not file bankruptcy with you he or she will still be liable on any joint debt. One of Dailey Law Offices’ Columbus Bankruptcy Lawyers can discuss this issue with your in more detail if you are married and wish to file individually.

Is there any debt that is non-dischargeable?

Yes. Some tax debt, student loan debt and any domestic support obligations.

How can I stop creditors from harassing me?

As soon as your petition is filed an automatic stay is placed on any legal proceedings currently pending against you and prohibits creditors from filing any future proceedings or from calling you to collect on a debt.

Family Law FAQ

What are the advantages of filing a Dissolution instead of a Divorce?

A dissolution is cheaper, quicker, and because both parties must be in agreement on every issue involving the marriage, less emotionally draining than a divorce.

The parties may also have a private final hearing at Dailey Law Offices for an additional fee, which eliminates the need to go downtown to the courthouse and wait for your turn to be in front of the judge.

How soon after I file can my Divorce or Dissolution be final?

Under Ohio law, the parties must wait a minimum of 30 days before having a final hearing.

Under what circumstances can I file a Dissolution?

If both parties file agree on all divisions of assets and debts and if children are involved visitation, who will be custodial parent, and the amount of child support, if any-then you are good candidates for a Dissolution.

Is there anything you can't agree to in a Dissolution?

As long as you aren’t agreeing to anything illegal, you can agree to anything you want. In fact, there are instances where one or both parties will agree to accept less than what they are entitled to or to accept more of the financial obligations than they would be obligated to assume under the law, in order to amicably terminate the marriage.

Can I represent myself in my Divorce or Dissolution?

Your certainly can, but the short answer is you shouldn’t. Courts do not like to deal with pro se parties who do not draft pleadings correctly thereby extending the finalization of the matter and causing a lot of headache along the way. It is imperative to hire an attorney to look after your best interests during the termination of your marriage.

Should I get a pre-nuptial agreement?

If you or your spouse own a considerable amount of assets prior to the marriage or one of you make a substantially higher amount of money than the other, your should consider a pre-nuptial agreement. Conversely, if one of you have a substantially higher amount of debt at the outset of the marriage a pre-nuptial agreement might be a good idea. You can establish what assets and debts will be considered individual or marital and whether or not spousal support will be paid in the event of a divorce. You can’t however determine parenting issues for any future children.

Can I get a post-nuptial agreement?

Post-nuptial agreements are not valid in the State of Ohio.

Can you represent both myself and my spouse in our dissolution?

No. An attorney can only represent one spouse because of the conflict of interests at stake.

Does the parent designated residential parent for school placement purposes have any more authority than the other parent?

No. The designation of residential parent for school placement purposes simply designates that where that parent resides is the school district that the child will attend.

Am I entitled to spousal support?

Whether or not you are entitled to spousal support depends on a number of different factors, which include, but are not limited to the following: the length of the marriage, the disparity in income between the parties, the parties’ ability to earn income, education, etc.

Contact one of Dailey Law Offices’ experienced Columbus Family Lawyers today to determine whether or not you are entitled to spousal support.

What assets am I entitled to and what debts am I obligated to pay?

The general rule of thumb is that any assets accumulated during the marriage and any debts incurred during the marriage are marital assets and debts and should be divided equally. There are exceptions to every rule and one of Dailey Law Offices’ Columbus Family Lawyers can help you determine what assets you are entitled to and what debts you are obligated to pay.

Under what circumstances can I file a Motion to Modify a current order?

The standard to modify any existing order is a “substantial change in circumstances.” Whether or not that standard has been met is dependent on the facts of each individual case and one of our experienced Columbus Family Lawyers can help you determine whether you have met that standard in order to modify your order.

What is a guardian ad litem?

A guardian ad litem is an attorney appointed by the courts to represent a minor child/ren when there is a custody dispute. The guardian visits with the children, both parties at their homes, and will also investigate additional avenues occasionally like teachers, doctors, etc. The guardian then writes a report and/or testifies at the hearing regarding the custody of the child/ren. A guardian’s input is highly valued by the court.