Do it Yourself Bankruptcy in Ohio
Do-it-yourself bankruptcy in Ohio is known by the formal name of pro se filing. While the courts strongly advise against filing bankruptcy without an attorney, you can do so if you follow all applicable procedures and rules. The federal rules of bankruptcy procedure provide a good starting point, but you must familiarize yourself with rules, procedures and data specific to Ohio to successfully obtain an Ohio bankruptcy discharge.
Other People Are Reading
-
Get Free Attorney Consultations
-
Even if you plan on a do-it-yourself Ohio bankruptcy, you should at least consider visiting a handful of attorneys to discuss your case. Many bankruptcy attorneys offer free initial consultations, and their insight into your financial situation and relevant Ohio bankruptcy laws can prove invaluable. If you would prefer the assistance of an attorney but are planning on a pro se bankruptcy due to the expenses involved, you can try to locate a pro bono service. Certain attorneys or organizations will offer free legal representation to low-income debtors, and you can use the services of the American Bankruptcy Institute to find them (see References).
Understand Local Ohio Bankruptcy Rules
-
While all state bankruptcy courts observe federal bankruptcy rules, each state bankruptcy district typically has a series of local rules and forms that you must use in their courthouses. Some bankruptcy districts may require you to submit additional documentation or certifications in a bankruptcy case, or ask for your bankruptcy forms in a specific order. For example, the Southern Bankruptcy District of Ohio has 84 pages of local rules, forms and procedures. To see if your bankruptcy district has any local rules or forms, you can visit the district website or your local bankruptcy clerk.
-
Find the Current Ohio Median Income
-
The median income of Ohio families plays an important role in Ohio bankruptcy cases. With the help of Bankruptcy Form 22A, when you file bankruptcy in Ohio, you must compute your current monthly income as defined by court papers and compare it to the Ohio median. Generally speaking, if the Ohio median is higher than your annualized current monthly income, you can file Chapter 7 bankruptcy. Otherwise, the court may force you to file Chapter 13. Ohio requires that you qualify for Chapter 7 bankruptcy because you don't have to pay back any of your debt under that chapter.
Review Ohio Bankruptcy Exemptions
-
If you end up filing Chapter 13 bankruptcy, you do not have to worry about Ohio bankruptcy exemptions, since all of your property is exempt from liquidation by the bankruptcy trustee. For a Chapter 7 case, however, any nonexempt property becomes the property of the court, subject to liquidation and distribution. To avoid losing any assets, you must exempt your property through the use of Ohio bankruptcy exemptions. The Ohio exemptions consist of nine categories of property that you can keep as long as the dollar value is less than the exemption amount. For example, if Ohio offers a $3,225 motor vehicle exemption, you can only keep your car if it is worth less than that amount. As of December 2009, Ohio's exemption for property used as a residence was $20,000.
-
