Dayton Chapter 7 Bankruptcy

Chapter 7 bankruptcy is filed more often than any other type of bankruptcy.  Our Dayton bankruptcy lawyers at Fox & Associates Co., L.P.A. can review your debt and help you decide whether Chapter 7 is a viable option.

Qualifying for Chapter 7

Under the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA), debtors are required to take an Income Test to determine eligibility.  The income test is commonerly referred to as the means test.  The means test compares your income to the median income of Ohio residents, for your household size and if your income is the same or less, you qualify for Chapter 7.  However, if your income is greater than the median income, other calculations must be done to evaluate the disposable income for debt payment.  Depending on the calculation results, you may or may not be eligible. 

We can help you determine your eligibility to file Chapter 7, and also advise whether it is your best option based on the assets you hold.  In certain cases, Chapter 13 is the only bankruptcy option available and—especially if you have substantial equity—you may want to use Chapter 13 bankruptcy to preserve your assets.

Typically, a Chapter 7 is best suited for debtors who have few assets and mostly unsecured debt.  If you choose to file Chapter 7, the trustee liquidates your non-exempt assets and uses the proceeds to pay creditors.

What assets in Ohio are exempt in Chapter 7 bankruptcy?

Each state has its own laws that determine exempt property in bankruptcy.  Ohio Revised Code (ORC) §2329.66 determines exempt property in Ohio.  Whether the asset is exempt, in whole, or in part, also depends on its value, and the ORC sets different value amounts for different types of assets.  A lawyer can help you determine the value of your assets and explain which assets would be exempt.  Under this Ohio law, some examples of property Ohio gives an exemption amount for  include:

• Residence
• Burial plots
• Personal property 
• Appliances
• Oven
• Refrigerator
• Household goods
• Furniture
• Firearms
• Musical instruments
• Books
• Jewelry
• Bedding
• Motor vehicle
• Disability benefits  
• Life insurance
• Retirement accounts
• Pensions

Seek legal help with filing Chapter 7 bankruptcy

Legal help makes the process easier for filing bankruptcy.  Contact Fox & Associates Co., L.P.A. online or call 937-684-9362 today to arrange a consultation.