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Ohio Bankruptcy Alternatives

The landscape of personal bankruptcy is changing. Each year since 2000, Ohio bankruptcy law has grown more conservative toward debtors in bankruptcy. The Supreme Court of Ohio mirrors this trend through their opinions expressed in court judgments that limit or abolish longstanding individual rights. With the current generation of the Bankruptcy Abuse Prevention and Consumer Protection Acts now pending before The House and The Senate, debtors should expect additional limitations on protection afford individuals by the U.S. Bankruptcy Courts in Ohio. As an alternative to bankruptcy, debtors may find effective options through third party, commercial services. Generally, third party assistance will improve credit ratings somewhat while filing bankruptcy destroys credit ratings for several years. The following resources may be worthy of consideration. The sites below were reviewed for relevancy and content pertaining to Ohio bankruptcy issues and laws. For more information regarding our selection of resources, please see our review policy. If you have further questions, do not hesitate to email us at admin@ohio-bankruptcy-laws.com. We welcome all submissions.  Approved sites will be included within 3 business days.


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Recent Notable Opinions from Ohio Bankruptcy Courts

Brown v. Brooks, Case No. 97-16744 Chapter 7, Adversary No. 01-1389, decided January 3, 2003 by the Ohio Bankruptcy Court for the Southern District. Ex-husband Brown filed an adversary proceeding in connection with a Chapter 7 case filed by Brooks, his former wife. In Chapter 7, Brooks requested discharge of her debts created by the decree of dissolution of marriage (and agreed separation agreement within). In particular, Brown sought a determination of non-dischargeable status while Brooks responded with a motion for summary judgment discharging the adversary proceeding. The Ohio Bankruptcy Court for the Southern District held: The Creditor has the burden of proof to show a debt is nondischargeable under 11 U.S.C. 523(a). Once the Creditor establishes the debt may be covered by this section, the burden of proof shifts to the debtor, who must show, by clear and convincing evidence, any applicable exception which may allow discharge. Hart v. Molino (In re Molino) 225 B.R. 904, 907 (B.A.P. 6th Cir. 1198). In this particular case, because The Husband/Creditor provided proof (A) the debt arose from a dissolution decree, and (B) all rights to spousal support where waived. Because of custom drafting of agreements included within the agreed separation agreement, the Ohio Bankruptcy Court found a genuine issue of fact and required strict proof of all applicable exceptions.

Recent Notable Opinions of the Supreme Court of The United States:

Young v. United States, Docket Number: 00-1567 IN THE SUPREME COURT OF THE UNITED STATES, Argued January 9, 2002, Decided March 4, 2002. Cornelius and Suzanne Young failed to include payment with their 1992 income tax return filed on October 15, 1993. After filing Ch. 13, the IRS assessed tax liability and the Ch. 13 case was later dismissed for their inability to pay taxes through the plan. A new case initiated under Ch. 7 resulted in discharge of the Young's debts. Under the Code, the IRS generally maintains a priority for payment  for taxes due within three years of filing a petition under 11 USC 507(a)(8)(A)(i). This priority renders recent taxes non-dischargeable according to 11 U.S.C. 523(a)(1)(A). When the IRS subsequently demanded payment after the Ch. 7 discharge, the Youngs filed a motion to reopen their Chapter 7 case and specifically discharge all taxes demanded because liability arose before the 11 U.S.C. 507(a)(8)(A)(i) three-year look-back period. The District Court found for the IRS, holding the look-back period was tolled while the Ch. 13 case was pending, and further concluded the 1992 debt had not been eliminated by the Young's Ch. 7 discharge even though no objection to discharge was filed. The Court of Appeals affirmed the Ohio Bankruptcy Court. Held: In a unanimous opinion delivered by Justice Antonin Scalia, the Court determined the 11 U.S.C. 507(a)(8)(A)(i) look-back period was tolled during the pendency of the Chapter 13 case upon the filing of the petition. Justice Scalia reasoned the look-back period was tolled by operation of law because the Code does not explicitly prohibit equitable tolling in favor of the IRS. The implication of this decision affects all Ohio bankruptcy cases. The look-back period applicable to taxes assessed by the State of Ohio are also presumably tolled by initiating any Ohio bankruptcy proceeding.

 

Chapter 7 & Chapter 13 requirements under Ohio bankruptcy laws, including court information and instructions for Akron, Canton, Cincinnati, Cleveland, Columbus, Dayton, Lorain, Parma, Toledo, and Youngstown, plus state and county bar association lawyer referral programs for Ohio bankruptcy lawyers, directory referrals, law firm listings, and attorney fee guidelines. Credit Cards | Credit Counseling | Debt Consolidation | Mortgages & Loans | Sitemap | Bankruptcy Laws, Courts & Lawyers | ©Copyright  1998 through 2005, All Rights Reserved.

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