Bankruptcy and the Senior Citizen

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Bankruptcy is designed to help people overly burdened with debt gain a fresh start. Often the person needing relief is a senior citizen. We have a rapidly growing senior population and while many have been able to plan for the future with quality pensions and health insurance plans, many rely solely on social security.  Problems develop when these individuals are hit with demands from creditors on debts they have co-signed on, often for their children and grandchildren.

In most cases, if you are senior citizen collecting social security, you will likely travel through the bankruptcy process problem free. Even if you own your home or car outright the asset exemptions for Ohio residents is high enough that it will likely protect your home and your vehicle.  If you are elderly, you may qualify to have the filing fee waived by the court.

Social security and pension plan payments are exempt in bankruptcy. In other words, they will not be touched by the bankruptcy court.

Many seniors place undue pressure on themselves to pay debts when they are struggling to pay for food and medication. Many were raised with the view that bankruptcy is not an option and see it as indicator of failure. In reality bankruptcy is a legal option that allows seniors to focus on their own needs and not their creditors.

Contact our office today to see if bankruptcy will be able to help you or your aging parents get a fresh financial start.

Call 513-752-3900 to schedule your free consultation with an experienced attorney.  We offer a free consultation, fair fees and monthly payment plans. We are caring and knowledgeable attorneys.

BANKRUPTCY- SHOULD YOU FILE BEFORE OR AFTER DIVORCE?

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We are attorneys located in Eastgate and Middletown, Ohio. Since 1992, Bankruptcy has been the main focus of our practice.

If you are considering bankruptcy contact our office for a free consultation.  At this consultation our attorneys will analyze your individual situation.

Your spouse does not have to file bankruptcy.  You can file bankruptcy without your spouse, but whether they should file with you depends on the circumstances. Here are some of the most common situations in determining whether to file with your spouse.

All (or Most) Debts are in One Spouse’s Name

This happens often either in a relatively new marriage, or one in which one of the spouses had operated a failing business. The person with little or no debt doesn’t want to participate in filing bankruptcy if it’s not necessary to do so.

In a newer marriage, the couple may realize that the debts of one spouse is hurting their joint financial lives. Possibly the financial stress is jeopardizing the marriage itself. That is especially true if the spouse with the debts either was not candid about the amount of debts he or she was bringing into the marriage, or has continued to use credit within the marriage without the full knowledge of the other spouse.

Whatever the context, determining whether to file bankruptcy for just one spouse requires a thorough analysis as to who is liable on each of the debts.  If there is joint liability, the creditor can pursue the non-filing spouse for the full amount.

It takes some analyses to determine whether a spouse is or is not liable on a debt.  Being an authorized user sometimes creates liability, and sometimes doesn’t. You can discuss this at your free consultation.

Preserving the Other Spouse’s Credit Record

A common reason given for one spouse not wanting to file is to protect his or her credit record. That’s a sensible enough goal. And not only for the non-filing spouse. The couple could benefit from the non-filing spouse’s access to credit on behalf of their household. That non-filing spouse may help the filing spouse re-establish his or her good credit through co-signing of new debts , for example.  Many times when one spouse has a small amount of debt, we may advise not to join the bankruptcy.

But be careful with assumptions about keeping the fling spouse’s case out of the non-filer’s credit record. This is especially if you have a joint debt or two, including ones that you intend to continue to pay and keep “outside the bankruptcy” case, such as a home mortgage or vehicle loan. Although credit reporting agencies are not supposed to refer to a co-debtor’s bankruptcy filing in the non-filer’s credit reports, don’t simply assume that will happen appropriately.

So it’s all the more important for the non-filing spouse to review his or her credit report before the other spouse’s bankruptcy is filed and then very regularly thereafter to make sure there’s no reference, directly or indirectly, to the bankruptcy case.

THINKING OF DIVORCE

Bankruptcy can be good financial planning when anticipating divorce.  If it’s clear, both that you will be getting divorced, and that you need the financial relief of a bankruptcy, then which should come first?  If the bankruptcy is first, should you file with your spouse or not?  Most of the you should file together.  You save on filing and attorney fees, and you have less to argue about (so you spend less on legal fees) in the divorce.  But, this isn’t always true.

The overly simplified answer is as follows:

  • Do not file a joint Chapter 7 “straight bankruptcy” case with your spouse in anticipation of a divorce without BOTH of you getting independent legal advice from separate attorneys.
  • In some situations, it is not in one or the other’s interests to file jointly.
  • In virtually NO circumstances would it make sense to file a joint Chapter 13 case in contemplation of a divorce—a Chapter 13 take three to five years to complete, and at the time of your divorce we would have to turn that case into two separate Chapter 13 cases, or into two Chapter 7 cases.

MORE INFORMATION

Contact Keegan & Co Attorneys today for your free consultation 513-752-3900 at one of our office closest to you: Eastgate or Middletown. Free parking. Convienent appointment times. Fair fees. Our office has been helping the people of Greater Cincinnati since 1992. Caring and knowledgeable lawyers.

Bankruptcy & Foreclosure

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FACING FORECLOSURE? WE CAN HELP!

Job loss, a medical emergency or any number of other issues can cause you to fall behind on your mortgage payments. A mortgage company usually will not start a forclosure until you get about 3 to 4 months behind on your mortgage.  Once a foreclosure is started it will take approximately 6 months for it to complete.  In foreclosure your home will be auctioned and transferred out of your name.  But you can stop this process.

The problem that caused you to get behind may now be resolved but you may still be behind on your mortgage.  Your mortgage lender will almost want all delinquent funds paid in a lump sum before stopping the foreclosure.  Most people are not able to come up with this large sum of money. A chapter 13 will stop the foreclosure and force your mortgage holder to accept back payments over a three year period.

If you are considering withdrawing retirement savings to save your home STOP! This could be a very costly mistake. First, schedule a free consultation with one of our attorneys to discuss your options.

CHAPTER 13 BANKRUPTCY CAN HELP

Once you are behind on your mortgage almost all lenders want all the back payments paid at once.  Few people have these funds available.  This is when you need to consult with a bankruptcy attorney.  Chapter 13 bankruptcy is available.  Chapter 13 can save your home. Once you are under the protection of Chapter 13 your mortgage company must stop all foreclosure proceedings.  Through your bankruptcy case you will have 3 years to pay back the arrears to your mortgage lender.  Your mortgage company must comply with these rules and must stop the foreclosure.

As to your unsecured debts, Chapter 13 can help you with that too. You will be only paying back a percentage of your unsecured debt and at no interest.

MORE INFORMATION

If you are struggling with your mortgage or other debts call us today.  We offer a free consultation, fair fees and monthly payment plans.  We can help you get out of debt and save your home.

Credit After Bankruptcy

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BUILDING CREDIT AFTER FILING FOR BANKRUPTCY

It will not be difficult to re-build your credit after a bankruptcy filing.  Any debt that you keep through a bankruptcy (such as a home or vehicle) will automatically report on your credit report and start to re-build your credit score.  The important thing is to pay all debts on time after bankruptcy.  You may even qualify to buy a home two years after bankruptcy with a clean credit report after filing.  After you file, you may be surprised at the amount of credit card offers you will receive after bankruptcy.  Some creditors know that you can’t file again for some time and are therefore willing to extend credit. Be careful with this!

We will walk you through the process and make it as easy as possible.  Our attorneys have a combined experience of over 55 years and the goal of our office is to make filing for bankruptcy protection as simple and stress free as possible. After bankruptcy, our clients are usually excited to create a new budget that includes saving for the future!

HOW TO GET STARTED

Call 513-752-3900 to set up your free consultation to sit down and discuss your unique situation with an experienced attorney.  Our attorneys will advise whether bankruptcy is your best option. Fees are quoted based on your individual case.