Personal Bankruptcy Laws in Ohio
If youre thinking about filing bankruptcy in Ohio, you must follow a number of legal requirements in order to qualify, according to the U.S. Bankruptcy Court Northern District of Ohio website and the book How to File for Chapter 7 Bankruptcy. Debtors can ask for permanent forgiveness of approved bills such as credit card and medical debts under Chapter 7 or partially repay their debt obligations under Chapter 13.
Chapter 7 Income Qualification
You might make too much money to file for this type of debt relief in Ohio, according to the book How to File for Chapter 7 Bankruptcy. If you make less than Ohios median income figure for your household size, you can automatically pursue a Chapter 7 case. However, if you make more money than the appropriate median income figure, then you must use a federal means formula to prove you cant reasonably pay your creditors and cover basic living expenses. As of 2010, the annual median income for a single Ohio resident was $41,873, while a couple could earn up to $52,216, according to the U.S. Trustee Program website. Families of three could bring in up to $61,772 annually; four-member households could earn a total of $73,301 each year.
General Requirements
You must obtain credit counseling before filing for any type of bankruptcy, according to the U.S. Bankruptcy Court Northern District of Ohio website. Proof of course completion through a federally approved agency must be enclosed with your petition. No matter what type of bankruptcy case you pursue, you also must provide a copy of your last federal income tax return and complete forms regarding your assets and liabilities. Failure to attend required meetings will lead to your cases dismissal, and youll either have to pay the debts as agreed or try to refile.
Ineligible Debts
You cant get rid of every debt under Chapter 7 or Chapter 13, according to the U.S. Bankruptcy Court Northern District of Ohio website and the book How to File for Chapter 7 Bankruptcy. No matter how financially burdened you might have become, you must repay child support, alimony, court fines and any damages related to illegal activities such as drunken driving. Any federal or Ohio tax bills that are less than 3 years old also cannot be discharged or reduced through bankruptcy. Generally, you must repay your federal student loan commitments. However, if you are seriously disabled or your school closed, an Ohio bankruptcy judge might discharge these debts.
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