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In Ohio and throughout the country, bankruptcy is identified by its chapters, most commonly Chapter 7 and Chapter 13 for consumers, and Chapter 11 for businesses. In fact, the chapters of bankruptcy have become ingrained in our culture, with people saying a struggling business may need to “file Chapter 11”.

If you are struggling to make ends meet or feeling crushed under the weight of large debts such as credit card bills, you may be considering bankruptcy as an option.

For most people in your situation, bankruptcy can help provide a fresh start within a number of months or years and, in the short-term, put a stop to creditor harassment, wage garnishment and other indignities.

Before you take action to speak with an experienced Springfield, Ohio, bankruptcy attorney, take a few moments to learn about the types of bankruptcy that may be available to you as a consumer.

Chapter 7 Bankruptcy

This form of bankruptcy is the most direct route available to consumers who wish to wipe out unsecured debts such as credit card debt, medical bills, or deficiency balances due to auto repossession. For this reason it is often referred to as “straight bankruptcy”.

In Chapter 7, non-exempt property (exempt property includes your home, a car, etc.) is converted into cash via liquidation. Then, a bankruptcy trustee will repay some of your outstanding debt and discharge remaining debts after 3-5 months. 

Chapter 13 Bankruptcy

Commonly referred to as “reorganization”, Chapter 13 is great for consumers who wish to get on solid footing without losing their assets. It can allow you the breathing room you need to refinance loans and create payment plans that work for you. After a three-five year repayment plan is complete, you will be free from your debts and have the opportunity to rebuild your credit.

Ready for a fresh start? Contact us anytime for a free initial consultation.

The post Ask A Springfield, Ohio Bankruptcy Attorney: What Chapter Is Right For Me? appeared first on Chris Wesner Law Office.

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Chapter 13

Many financial hardships manifest themselves in neglected bills, including income taxes, child support, monthly mortgage payments, among others. Chapter 13 Bankruptcy establishes payment plans so individuals from all walks of life retain financial control. In summary, Chapter 13 Bankruptcy halts foreclosures, delays repossession of one’s home, and keeps the IRS from making contact regarding unpaid taxes. Ultimately, Chapter 13 Bankruptcy provides flexible, practical opportunities for clients to address existing debts.

After three to five years of compliance with the conditions set by a payment plan, discharge of debt or complete debt forgiveness may occur, disposable income and other factors considered. Such factors assist in calculating the debt one must repay. Often, people seek Chapter 13 Bankruptcy as an option to prevent home foreclosures, make up for unpaid automobile bills, and pay back accumulating taxes.

Chapter 13 Bankruptcy presents itself as more of a reorganization, rather than a formidable liquidation process. It’s a feasible option for individuals who aim to keep their secured assets, such as housing. When state bankruptcy exemptions cannot shield these assets, Chapter 13 Bankruptcy warrants consideration. Frequently, people wanting to secure their nonexempt property of considerably high value elect to file for Chapter 13 Bankruptcy.

Life brings countless unforeseen circumstances, including expenses that seem overbearing and steep. One should not feel embarrassment while filing for bankruptcy, and an experienced, qualified attorney can facilitate the process, helping individuals reach their long-term financial goals. Located in Troy, Ohio, Chris Wesner gives each case a thorough and practical evaluation. Call Chris Wesner Law Office, LLC to discuss alternative payment plans under Chapter 13 Bankruptcy.

The post Consult a Troy, Ohio Bankruptcy Attorney for Chapter 13 Needs appeared first on Chris Wesner Law Office.

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Getting pulled over in Ohio and getting arrested for an OVI (operating a vehicle while intoxicated) is a serious offense. Even if it is the first time that you have ever been pulled over, you should consult a lawyer for your case.

Here are some reasons why you need a lawyer for an OVI in Ohio.

Usually prosecutors will offer a plea offer, especially for first time offenders.

If you want a better deal than what they are offering, you should consult with a lawyer.

However, if you were involved in an accident or injured someone else, the law is not as forgiving.

You will need a lawyer to help you through a trial if you have caused injuries to someone else or done damage to property. They will discuss possible defenses in order to dismiss your case or lessen your crime.

If it is not your first offense, your lawyer will work with you to get the best deal possible.

The law is not generally as kind to those who have already been convicted of an OVI. You will need an experienced lawyer to weaken their case against you.

By hiring an experienced lawyer, you will spend less time in court.

A good lawyer will have your case all prepared and he or she will be ready to fight for you. There may even be times when you won’t have to show up in court because your lawyer will be able to handle it.

If you are arrested for an OVI, don’t hesitate to contact us for all of your legal needs. We would be happy to talk to you about your case to see how we can help you. We will do everything that we can so that one mistake won’t change the rest of your life.

The post Why You Need a Lawyer For a OVI in Ohio appeared first on Chris Wesner Law Office.

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If you have been arrested for an OVI (operating a vehicle while intoxicated), you might not feel like you need a lawyer. After all, many people drink and drive and get away with it. However, you really need to consult a lawyer to help you win your case so that you can have the best possible life after your arrest.

Your lawyer will meet with you to discuss possible defenses that might work for your case. Here are some common ones that you may want to consider.

Illegal stop by police

With your Fourth Amendment right, a police officer must have a reasonable suspicion to pull you over. These include speeding, plates that are expired, trouble staying in your lane, and other similar things.

Standardized Field Sobriety Tests (SFST) were administered incorrectly.

This defense is common because not every police officer understands how these tests work. Some officers are looking for a reason for you to mess up because they hold you up to impossible standards (things a sober person might struggle with).

Police officers can also give the instructions (and even the test) incorrectly, which botches the results. Some officers don’t understand the correct way to read the results, leading to inconclusive results.

Chemical tests can also be wrong.

It is important that an officer waits for twenty minutes before they give you a breath test. However, they have a window of three hours before the results will be inconclusive.

Certain things may interfere with a chemical test, including radio frequency. The location is also important to make sure that the results are going to stand up in court.

Too many police officers rush through the process once they pull you over. However, if they don’t follow protocol and administer the tests properly, you have a good defense in your case. Because of this, make sure that you hire the best lawyer that you can to ensure that you win your case.

If you are arrested for an OVI, don’t hesitate to contact us for all of your legal needs. We would be happy to talk to you about your case to see how we can help you. We will do everything that we can so that one mistake won’t change the rest of your life.

The post Common Defenses for an OVI in Ohio appeared first on Chris Wesner Law Office.

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In addition to Chapter 13, Chris Wesner’s law practice addresses Chapter 7 Bankruptcy. While Chapter 13 receives recognition as a process of reorganization, Chapter 7 Bankruptcy differs in that it is a process of liquidation. Chapter 7 is USUALLY the preferred chapter of bankruptcy when someone wants to completely eliminate all of their debts.  Repayment plans do not exist in this scenario as individuals concerned seek to completely absolve themselves of high levels of debt. Chapter 7 presents itself as a viable alternative in the wake of hospital bills and other unanticipated expenses. Usually, these debts are so high that sliding payment plans across several years do little to dwindle the amount owed.

Chapter 7 Bankruptcy contains certain restrictions that may prod someone to consult an experienced, knowledgable attorney. While the law office assists with credit card debt, it cannot, under current bankruptcy laws, help clients clear their:

  • Alimony
  • Child support
  • Student loans
  • Debts related to fraudulent activities

If maintaining assets like housing and cars remains a priority, individuals may qualify for reaffirmation agreements, but existing debt cannot be discharged or forgiven for 6 years. Even before starting the process of Chapter 7 Bankruptcy, an individual must meet expectations to make some kind of payment to address existing debt. Additionally, the reaffirmation process may seem complicated and fraught with grave decisions as individuals and families decide which possessions they keep while returning certain goods to past and present creditors.

The information above only outlines the key components of Chapter 7 Bankruptcy. As everyone’s financial status and immediate life circumstances can dramatically differ, it’s advisable to speak with a skilled bankruptcy attorney to determine your needs and eligibility for certain programs, including Chapter 7 Bankruptcy. If you or someone you know in Troy, Ohio seeks assistance in filing for bankruptcy, call the Chris Wesner Law Office, LLC for an initial consultation.

The post Qualified Guidance From a Troy, Ohio Bankruptcy Attorney Regarding Chapter 7 appeared first on Chris Wesner Law Office.

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There are many ways to defend a client against OVI (operating a vehicle while intoxicated). In other states, this is simply known as DUI. When we look at a case, there are ways to argue that the law enforcement agency’s representatives did not follow the proper procedures before arresting you for OVI.

Some possibilities are as follows and could become part of your defense:
  1. You were profiled and you shouldn’t have been pulled over because you were operating safely and there were no obvious signs that your vehicle was not roadworthy and safe.
  2. You were going through a construction traffic pattern and the cops were just looking for people to pull over.
  3. You were coerced into taking a blood alcohol test (whether it was a breathalyzer device or a blood test) because you were afraid of going to jail. Officers shouldn’t use fear or coercion to get drivers to admit that they are driving while intoxicated or to undergo alcohol testing.

At the Chris Wesner Law Office, we have encountered many other reasons why people have been unfairly targeted for OVI and subsequently arrested. This causes unnecessary stress on them and their families. It often seems that Ohio law enforcement officers have quotas, which means that they must write so many citations (including drunk driving charges) per shift. This is unfortunate and a potential way that law enforcement officers can harm society instead of helping them. We’ve even seen cases where a police officer or deputy has parked near a popular restaurant or bar and followed drivers home once they have left the establishment, which amounts to entrapment. While we support Ohio law enforcement officers who perform decent investigations, we also aggressively defend potential offenders who have been singled out and charged with OVI. We are here to help you present an effective defense on your day in court, to minimize fines and jail time, and to get your life back on track. For details, please contact us today.

The post Defending OVI and DUI in Ohio appeared first on Chris Wesner Law Office.

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Settle Debt and Regain Financial Freedom with an Attorney

Facing debt head on with no concrete plan to pay it back is stressful and discouraging for most individuals. Unfortunately, many people have been in this position longer than necessary because they attempted to deal with their creditors on their own. However, hiring an attorney is beneficial because attorney’s will help you get your credit back on track and recover your credit score with their guidance.

When should you hire an attorney for your debt?

Regardless of how long you’ve been in debt, a debt attorney can help you find financial freedom. Essentially, it’s time to hire an attorney when your debt becomes overwhelming, and debt collectors are constantly calling, emailing, sending letters, or threats are being made to take legal action.

Benefits of hiring an attorney 

Ultimately, an attorney can educate you on how to stop creditors from constantly contacting you regarding your debt. One situation that is common is for creditors to sue their debtors. For this reason, it would be a good idea for you to feel secure with an experienced attorney to represent you in court. An attorney is also beneficial if you have a counterclaim against a creditor. For example, if the creditor violates a procedure, such as recording a call without your knowledge.

Having an overwhelming amount of debt can be scary, but it is certainly not the end. Attorney’s specialize in helping individuals by ensuring they get the right treatment and experience a smooth process. Investing in an attorney is perfect if your debt is too overwhelming and you want to regain financial freedom as seamlessly as possible.

Chris Wesner Law Office, LLC is dedicated to helping individuals and advocating on other’s behalf. We are here to provide you the support you want and the relief you need.

The post Settle Debt and Regain Financial Freedom appeared first on Chris Wesner Law Office.

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Government-backed student loan debt almost always survives a bankruptcy discharge.  Unless you are severely, permanently disabled and unable to work, your loans will likely still be there long after the court grants your discharge.  So, is there any benefit to filing for bankruptcy if your school loans are overwhelming?

 A Chapter 13 Plan Crushed by debt

Dayton, Ohio Bankruptcy Attorney Chris Wesner explains that a Chapter 13 bankruptcy, can reduce the loan payments for the three to five years the debtor’s plan is in place.  Student loan debt is no exception.

At the beginning of a Chapter 13, the debtor agrees to pay a certain percentage of all “unsecured” debts, such as credit cards or medical bills.  (Secured debts – home mortgages or car loans – will be paid in full unless other arrangements are made.)  The debtor pays into the plan, and the bankruptcy trustee then distributes money to these unsecured creditors.  When the plan ends, the court discharges, or cancels, whatever balance remains.

Student loan treatment

The debtor includes student loans in

his plan, and they are paid at the same percentage as unsecured debts.  Likewise, the trustee sends the scheduled payment to the student loan holder.   However, when the debtor’s plan ends, the student loans are not discharged.  The debtor’s loan payments will resume.

Benefit

While it is true that the loans will not be discharged, the borrower should be in a better position to pay if all the other unsecured debt is gone.

Each debtor with student loans will have different financial circumstances. It is important to consider the ratio of other debt to the amount of school loans.  Loans made privately, directly through a bank, may be dischargeable.  An experienced Dayton, Ohio bankruptcy attorney can examine your situation and develop solutions specific to your personal story.

Please, contact us for an appointment.

The post Dayton, Ohio Bankruptcy Attorney can review your student loan debt before a Chapter 13 filing appeared first on Chris Wesner Law Office.

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Crushed by debt

Our Troy, Ohio bankruptcy attorney, with offices in Troy, Springfield, Xenia, Piqua, and Beaver Creek, helps clients who are in default on their student loans. We will try to help you find an affordable positive solution to all your financial problems. The United States Department of Education (DOE) offers four income-based repayment plans for resolution of student loan debt with loan forgiveness for government service. Chris Wesner, LLC., a member of five Ohio bar associations and the National Association of Consumer Bankruptcy Attorneys, has ten years of experience helping clients with Chapter 7 and Chapter 13 bankruptcies.

Income-Based Repayment Plans 

Professional loan servicers, working with the DOE, are available free of charge to help you apply for an income-based repayment plan. Four income-driven loan forgiveness programs require you to pay 10% to 20% of your “discretionary”  income for a period of ten to twenty years. Your monthly payments increase and decrease with your earnings and the size of your family based on an annual certification process. Your remaining student loan balance is forgiven at the end of your repayment period when you complete your income-based repayment plan.

Public Service Loan Forgiveness

You may be eligible for public service student loan forgiveness if you work for a nonprofit or a government organization. The public service loan forgiveness program discharges your remaining student loan debt balance when you have successfully completed a 120-month repayment program.

Contact us for help with student loan repayment, foreclosure, repossession, or credit card debt. Our bankruptcy law firm will take the time to understand your unique financial situation. Your initial consultation is free.

The post Troy, Ohio Bankruptcy Attorney Reduces Student Loan Defaults appeared first on Chris Wesner Law Office.

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“Bankruptcy”.

Bankruptcy is not a word that inspires confidence, hope, or assurance.

Unfortunately it has become somewhat of a dirty word in our culture and society. Terms like “morally bankrupt” are tossed around as pejoratives, implying that anything involving bankruptcy demonstrates a personal failing.

Nothing could be further from the truth. As experienced bankruptcy lawyers serving clients throughout Ohio, we know this as well as anyone.

Bankruptcy exists in our legal system to provide individuals, families, small business, farmers, and corporations an opportunity to restructure their finances, create a plan for turning things around, and move on to a better future.

Some of the most successful individuals and businesses in our society have filed for bankruptcy in the past. Bankruptcy will not preclude you from achieving your goals and contributing to society in the future; continuing to struggle in debt with no end in sight will.

All it Takes is One

One misfortune is all it takes. One unexpected home or vehicle repair expense. One serious illness or injury. One job loss.

After finding a way to absorb the one misfortune, a person, family or business owner is left vulnerable to things that would normally be routine. Suddenly a routine expense like a vet appointment or mortgage payment results in a financial emergency. One missed credit card payment can snowball into an unmanageable amount of debt.

At this point a person has numerous options, with the following two being the most common:

  • Continue to scratch and claw just to make the minimum payments
  • Explore filing for bankruptcy in order to achieve a fresh start

Bad things can and do happen to good people. If you find yourself in dire financial straits you owe it to yourself to explore all of your options for making things better. Contact us today to find out how bankruptcy can help your finances back on solid ground.

The post Bankruptcy is NOT for the Defeated, but the Fighters appeared first on Chris Wesner Law Office.

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