The post Evaluating the Value: Is it Worth Getting a Car Wreck Attorney? appeared first on Minnillo Law Group.
]]>Dealing with what happens after an accident can be a lot to handle. You might not be sure what to do next, or who you can trust.
At Minnillo Law Group, we care about helping people get back on their feet. A skilled Cincinnati personal injury lawyer from our team will work with you to ensure you get fair compensation. We have a successful track record and will do everything we can to make sure you get the best possible outcome for your case.
In this blog we will explore considerations after a car wreck, the benefits of hiring an experienced attorney, navigating insurance claims and more.
If you get into a car accident in the Cincinnati area and you’re not sure what to do, we can help. Here are four things you should do right away:
Hiring a Cincinnati personal injury lawyer is a part of how you reclaim your control after a serious accident. You might feel out of your depth, but that’s the wrong mindset. When it comes to working with an attorney, ask yourself:
These seem like simple questions to answer, but they can guide you through what may be a particularly trying moment.
If someone hurt you on accident or on purpose, you might have a case. An experienced personal injury lawyer from Minnillo Law Group can review what happened and tell you what to do next.
Over the course of the last year, drivers who suffered car accidents have faced a number of unique challenges. These include increased instances of under insured drivers, delays in the court system, unfavorable changes in the policies of insurance companies and strained medical resources to deal with the injuries resulting from crashes.
These factors don’t have to affect you in your car accident case. You can take proactive steps to ensure that your claim goes as smoothly as possible.
Attorneys are valuable resources to their clients. You can expect them to keep you informed and comfortable throughout all steps of your case. Our experienced car wreck attorneys have worked with lots of cases like yours. At Minnillo Law Group, we handle each case with care and take pride in our strong customer service. We fight for our clients and provide honest advice to get the best possible result.
If you get into a car accident and another vehicle hits you, you can ask for money from your own insurance or the other driver’s insurance, depending on what happened. This money can help pay for things like medical bills or lost wages. It’s really important to have an experienced auto accident attorney to help you get fair and just compensation for what happened to you.
After an accident, you can make a claim to get control back over what happened. But you only get one chance to do this, so it’s important to do it right. Insurance companies have people who are really good at talking to people and getting them to agree to things that might not be fair. They might try to get you to agree to a small amount of money right away, or they might use what you say against you later. Sometimes they might even say you don’t deserve any money at all, even if you really do.
Our car accident lawyers know how to deal with all the tricks that insurance companies use. We’ve helped lots of people who got hurt in car accidents, and we can help you, too. We will make sure that you don’t fall for any of the tricks. We will fight for you and ensure everything is taken care of properly.
For some people, it may be that they want an attorney who will do everything and tell them how it turned out when it’s all over. Others may want an attorney that keeps in contact with them throughout the entire process from beginning to end. It’s up to you.
Minnillo Law Group proudly represents injury victims on a contingency fee basis. This means that our clients only pay attorney fees if we win their case. We believe that everyone should have access to excellent legal representation regardless of their financial situation.
The blog guides readers through what to do right after a car accident, stressing the importance of talking to an attorney before dealing with insurers. It covers essential factors for choosing legal help, emphasizing situations where it’s vital, particularly in cases of harm. The blog highlights the benefits of having a car wreck attorney, focusing on making insurance claims easier and negotiations smoother. It also gives a glimpse into the legal steps after a wreck and promises accessible representation with fees tied to case success. Altogether, it positions legal support as a valuable resource for those navigating the aftermath of a car accident.
Empower your journey towards recovery! Make informed decisions tailored to your unique situation. Whether it’s navigating insurance claims, understanding legal complexities, or seeking the right car wreck attorney, take charge of your path to resolution.
Your journey matters, and informed decisions pave the way to a smoother recovery. Consult with us at Minnillo Law Group today – your trusted partners in securing the best outcome for your case. Your unique situation deserves personalized attention and expert guidance. Take the first step towards a brighter future by making decisions that align with your needs and goals. Contact us now to embark on a path to recovery with confidence.
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]]>The post Can New Guidance for Discharging Student Loan Debt in Bankruptcy Help You? appeared first on Minnillo Law Group.
]]>If you are either currently filing for bankruptcy or considering doing so and have student debt through the U.S. Department of Education, our bankruptcy attorneys can help. Let us help you determine whether you qualify for discharging (or getting rid of) all those pesky student loans that have been weighing you down. Here are some tips on the new guidance around discharging student loan debt in bankruptcy.
The new guidance makes it easier for students to get their loans discharged in bankruptcy court. Under current law, there are three things you need to prove in order to have your student loans discharged in Kentucky or Ohio:
This is commonly referred to as the Brunner test. While the new guidance does not change the Brunner test, it does make it easier to meet these standards. Streamlining the student loan discharge recommendation process also makes it easier to obtain the information and documentation you need to see if you qualify.
Does the repayment of your student loans directly impact your ability to maintain a minimal standard of living? The DOJ carefully considers various economic factors including personal expenditures, household size, and income when determining your eligibility for student loan discharge.
Under the new guidance, here are some of the factors the DOJ will consider when determining whether you will not have the ability to pay in the future:
Finally, the DOJ will be looking for any of the following to determine whether you made a good-faith effort to pay back your student loans in the past:
The guidance also recognizes your specific circumstances can also be a factor in determining eligibility for a student loan discharge in bankruptcy.
In order to start the process of discharging student loan debt in bankruptcy, you’ll need to file a petition in Bankruptcy Court. That petition can be filed under any of the following three chapters:
Our experienced bankruptcy attorneys can help you determine which type of bankruptcy fits your situation best.
As part of your bankruptcy proceedings, you are required to file a lawsuit against the U.S. Department of Education alleging that the payment of the student loans would cause you undue hardship. After your bankruptcy case is filed, you will have to complete a formal statement under oath. This will be used by the Department of Education and the DOJ to determine whether you satisfy the Brunner test. In turn, the DOJ will provide you with your student loan account information including the loan history, loan details, and educational history.
Contact Minnillo Law Group for a free consultation. One of our experienced bankruptcy attorneys will begin by helping you identify what you need to gather to begin this process. These can include wage statements, bank statements, tax returns, and other student loan-related documents.
With Minnillo Law Group by your side, we can guide you through the complicated process of filing for bankruptcy and discharging your student loans.
If you filed (or are considering filing) your bankruptcy in Ohio or Kentucky and want to try to discharge your Department of Education student loans, call us for a free consultation at 513-723-1600.
We are a law firm and a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.
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]]>The post What Is Credit Counseling for Bankruptcy? appeared first on Minnillo Law Group.
]]>Specifically, BAPCPA requires that a debtor must receive an “individual or group briefing” from a nonprofit budget and credit counseling agency within 180 days before filing for bankruptcy. The briefing can be in person, by telephone, or via the internet, but it must “[outline] the opportunities for available credit counseling and [assist] such individuals in performing a related budget analysis.” If a debt management plan is developed in the course of the required counseling, it must be filed with the bankruptcy court once the bankruptcy proceeding has begun.
Either the U.S. trustee or bankruptcy administrator in each state maintains a list of approved credit counseling agencies for use in the state’s courts. The list of approved agencies is also available on the U.S. courts website. Approval can be revoked at any time, and interested persons can ask the court to review the approval of any agency.
To obtain approval, an agency must:
There are some exceptions to the counseling requirement for certain debtors in particular situations. First, the court may waive the counseling requirement if there are “exigent circumstances,” and the debtor made a request for counseling that an agency was unable to provide within five days.
Second, a debtor is excused from the requirement if incapacitated by mental illness or deficiency, if physically impaired such that they are unable to participate with reasonable effort, or if on active military duty in a combat zone. Third, counseling is not required if the trustee or administrator in a particular court district determines there are not enough approved credit counseling agencies available.
Consumers considering bankruptcy as a future option should investigate the credit counseling requirement well before the anticipated bankruptcy filing. A bankruptcy lawyer experienced in consumer credit law at Minnillo Law Group Co., LPA in Cincinnati can help debtors determine whether bankruptcy is the appropriate course of action for them, and can advise them about the credit counseling requirements.
We are a law firm and a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.
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]]>The post What Is Pre-bankruptcy Planning? appeared first on Minnillo Law Group.
]]>In an emergency situation, such as when a lender is seeking to foreclose on a home or repossess a car, there may be no time to wait before filing a bankruptcy petition. However, it may be better to create a legal and lawful plan of action to protect assets.
For instance, if you are expecting a large tax return or yearly bonus, it may be more beneficial to time your bankruptcy to protect assets. Similarly, far too many individuals try to delay filing for debt relief, relying on protected assets, such as a retirement account, to make ends meet each month.
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]]>The post How to Deal with Bankruptcy appeared first on Minnillo Law Group.
]]>The post Should You File Bankruptcy? 3 Signs to Consider appeared first on Minnillo Law Group.
]]>The post Should You File Bankruptcy? 3 Signs to Consider appeared first on Minnillo Law Group.
]]>The post Bankruptcy on Student Loans appeared first on Minnillo Law Group.
]]>Many people assume that student loans are non-dischargeable in bankruptcy and those facing substantial debt are simply out of luck. Unfortunately, this is the harsh reality facing the vast majority of those with student loan debt. Discharging student loan debt in bankruptcy is exceedingly difficult and it occurs very rarely—but it can happen.
In order to discharge a debt in bankruptcy, a plaintiff must demonstrate that payment of the debt will impose an undue hardship on him and his dependents. Courts commonly use a test outlined in Brunner v. New York State Higher Education Services Corporation to determine whether a borrower has shown the requisite undue hardship. Under the Brunner test, a plaintiff must demonstrate:
If the plaintiff can successfully show undue hardship, his or her student loans will be completely cancelled. Filing for bankruptcy can also protect the plaintiff from collection actions on other debts, at least until the case is resolved or creditors receive permission from the court to begin collecting again.
If you are overwhelmed by student loan debt and considering filing for bankruptcy, you need an experienced bankruptcy attorney to explain your options. For more information about how our Cincinnati-based bankruptcy lawyers can help, contact Minnillo Law Group Co., LPA today for a free consultation.
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]]>The post The Automatic Stay: The Core of Bankruptcy Protection appeared first on Minnillo Law Group.
]]>The Federal Bankruptcy Courts define an “automatic stay” as “[a]n injunction that automatically stops lawsuits, foreclosures, garnishments, and all collection activity against the debtor the moment a bankruptcy petition is filed.” An automatic stay gives the person filing for bankruptcy some breathing room to get their affairs in order.
The automatic stay is available to individuals who file for either Chapter 7, Chapter 11, or 13 bankruptcy. That stay is literally automatic in that it comes into full force and effect when the bankruptcy case is electronically filed with the court. A judge does not need to approve it and creditors need not have prior notice of the stay to be bound by its debtor protections.
Those debtor protections are extremely broad. For example, a creditor cannot request payment of a debt arising before the bankruptcy filing or ask for security on unsecured or under-secured debts. Moreover, a creditor cannot file a lawsuit against the debtor during the stay period or even continue previously-filed litigation. All lawsuits and debt collection activities come to an automatic halt under the automatic stay.
Even if a creditor has a judgment against a debtor from before the bankruptcy filing, the creditor cannot try to enforce the judgment and must immediately stop any enforcement measures already in motion. That means once a creditor knows of the automatic stay, it must notify a sheriff to stop any wage garnishment or to hold off on any scheduled foreclosure or execution sales. An automatic stay also prevents a creditor from perfecting a lien against the debtor, repossessing any collateral, or pursuing foreclosure.
In our client’s case, the creditor failed to stop the garnishment despite notice from the bankruptcy court and from her attorneys. When this occurred, Minnillo Law Group Co., LPA took action to enforce our client’s right to be free from garnishment while under bankruptcy. Minnillo Law Group Co., LPA filed a motion for contempt which sought not only the cessation of the garnishment, but also the recovery of our client’s wages along with damages and attorney fees. In the end, our client’s wage garnishment stopped. She received the wrongfully garnished funds and an additional amount for her trouble. Her attorney fees in enforcing the stay were paid.
There are some limits on the reach of an automatic stay. A stay cannot stop previously granted eviction orders. Moreover, the Internal Revenue Service can still assess taxes and the debtor is still on the hook for child support or alimony payments. There are other exceptions that apply depending on the situation.
The automatic stay is a fundamental part of our bankruptcy laws’ debtor protections. They allow those under the heavy burden of debt to have time to catch their breath and determine exactly how they will deal with their creditors. Not only does the automatic stay help debtors assess their situation, but it helps them to preserve their assets. And, if a creditor or debt collector fails to obey the mandates of the automatic stay, the law allows for harsh penalties.
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]]>The post Understanding Chapter 13 Lien Stripping on Second Mortgage appeared first on Minnillo Law Group.
]]>If a homeowner files for a Chapter 13 bankruptcy, money owed on a junior mortgage can be treated as unsecured debt. In that situation, a mortgage lender is treated the same as other unsecured creditors. This means when the payment plan set up under the bankruptcy is completed, the junior mortgage is removed from the property. This normally results in substantial savings as a debtor can pay the junior mortgage at pennies on the dollar without interest.
The lien stripping process is not new, but with declining home values over the past few years it has become more common. At first glance, it appears greatly beneficial to homeowners who are experiencing a diminishing home value.
However, there are important considerations to keep in mind. It is essential that the debtor understand that the lien is only discharged if the Chapter 13 bankruptcy plan is completed. The lien is not automatically discharged once the bankruptcy is filed. If the debtor fails to follow through on the terms of the bankruptcy plan or it becomes converted to a Chapter 7 bankruptcy, the lien is fully reinstated.
Lien stripping is not limited to junior mortgages in Chapter 13. Other types of mortgages which strap homeowners can also be bifurcated and removed. For example, small business owners who have pledged their home and business assets as collateral for a loan can bifurcate or “cram down” the loan to the value it attaches to and treat the balance of the loan as unsecured. And, certain short term loans which, by their terms, are payable during the life of the Chapter 13 plan can also be crammed down to value.
Just like consensual junior mortgages can be stripped, avoided and removed from a homeowners’ property, so too can certificate of judgment liens. These liens, often called “CJ liens” can attach to a home and prevent a homeowner from selling or refinancing it without paying off the judgment that formed the basis for the lien. More troubling is that many Ohio homeowners do not even know these types of liens are attached to their property because the judgment creditors are not required to give notice of their attachment. Bankruptcy can help in removing these liens even if a homeowner has equity in their home. And, judgment liens can be stripped in Chapter 7, Chapter 13, and Chapter 11 proceedings.
Generally, a primary mortgage on a person’s home cannot be avoided, stripped or bifurcated without full payment under the terms of the note. However, even that long established rule has its exceptions. In cases where a primary mortgage has a defect in its execution, its acknowledgment, or in its wording, Ohio law can allow a homeowner, in bankruptcy, to strip or remove a primary mortgage from his or her home. The circumstances under which this can occur are somewhat rare, but the frequency of errors in the drafting, execution, and acknowledgment of primary mortgages in Ohio has increased with the high volume of borrowing that occurred over the past ten years and the loose standards that accompanied the trend.
Our experienced Cincinnati bankruptcy attorneys can help explain the different types of lien stripping and the options and consequences to the homeowner. With housing prices at lower levels in Ohio, there may not be a better time for Ohio homeowners with negative equity, unaffordable judgment liens, or delinquent mortgages to explore their options.
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]]>The post Getting a Mortgage After Bankruptcy: What to Know appeared first on Minnillo Law Group.
]]>Depending on the type of bankruptcy, a filer can expect to be able to apply for a mortgage within as little as one year.
Generally, Chapter 13 bankruptcy filers are eligible for a VA or FHA mortgage loan one year after filing for bankruptcy and two years for a conventional loan.
Filing for Chapter 7 bankruptcy can leave the filer in a somewhat different situation regarding credit. After Chapter 7 bankruptcy, the waiting period for FHA or VA eligibility is typically two years. The wait for a conventional loan is typically four years.
In order to maximize the chances of getting a mortgage after bankruptcy it is necessary to manage finances scrupulously. A representative of the National Foundation of Credit Counseling recommends the following actions for individuals looking to rebuild their credit after bankruptcy:
Following this advice will enable consumers to rebuild their financial creditworthiness moving forward.
It is true that some credit scores go down due to bankruptcy, but the effects diminish as time passes. In some situations, it takes much less time to get back a decent score than people think. However, the better a person takes care of financial affairs, the more the credit score will improve, and the better the interest rate will be when eventually qualifying for a mortgage.
Rent payments are a very important part to rebuilding consumers’ credit scores. The FHA has come to rely on a prospective borrower’s rent payment history more and more. It now evaluates eligibility for credit based primarily on payments for housing, even prioritizing rent above consumer credit and installment loan payments.
A bad record of failing to pay rent on time has been affecting credit scores for a long time. Only recently have positive rent payment histories begun to show up on credit reporting companies’ radar. One such company, Experian, began regularly tracking rental payment history in January 2011.
With banks now eyeing mortgage applicants’ rent payment histories more closely, bankruptcy filers who want to own a home should be very strongly motivated to keep rent paid up, on time.
For those still wrestling with a decision on whether to file bankruptcy, it is important to have accurate information about the effects of bankruptcy, such as its impact on future home ownership. A knowledgeable attorney is an essential resource. Anyone looking into bankruptcy can bring questions to our Cincinnati-based bankruptcy attorneys and feel confident in determining the best course to take.
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