Find a Bankruptcy Lawyer in Toledo, Ohio
In Toledo, Ohio, bankruptcy is a judicial process in which the debts of a person or business can be eliminated or restructured. This allows the debtor to climb out of a financial hole, and move on with a clean slate, which is sometimes more economically efficient than requiring the debtor to pay off everything they owe. However, bankruptcy is not a free ride, allowing someone who simply doesn't feel like paying their debts to get out of that legal obligation. It is designed to prevent debt which has little chance of ever being paid back from ruining the life and finances of the debtor. It also carries significant long-term consequences, which must be carefully weighed against the potential benefits. For example, bankruptcy makes it very difficult for the debtor to obtain credit in the near future.
Accordingly, you should speak with a good Toledo, Ohio bankruptcy lawyer. Your Toledo bankruptcy lawyer can inform you of the costs and benefits of filing for bankruptcy, and give his or her professional opinion as to whether or not it's a good option, given your particular circumstances.
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Types of Bankruptcy in Toledo, Ohio
In Toledo, Ohio, there are three basic bankruptcy schemes that are most commonly used. They are known as Chapter 7, Chapter 13, and Chapter 11. Being a product of federal law, the procedural rules governing bankruptcy in Toledo, Ohio will be very similar to those in any other part of the United States. Chapter 7 bankruptcy requires the debtor to liquidate some of his or her property, and use the proceeds to pay creditors. While this doesn't sound like much of a relief at first glance, the upshot is that once the eligible property is sold, and the proceeds given to the creditors, all of the debtor's eligible debts are deemed paid in full, regardless of how much the creditors actually ended up getting. Not all of the debtor's property has to be sold off - the debtor will usually be allowed to keep things like a house, at least one car, some types of personal property, retirement accounts, and insurance policies. It should be noted that some debts are not dischargeable, and will have to be paid in full even if the debtor files for bankruptcy. This includes student loans, taxes, and criminal fines.
Under Chapter 13 bankruptcy in Toledo, most of the debtor's debt is not discharged. Instead, the bankruptcy court, working with the debtor and participating creditors, work out a payment plan that allows the debtor to pay off most of his or her debts over a longer period of time, thereby theoretically making the debt far more manageable. Once a payment plan is approved by the court, creditors are prohibited from attempting to collect payment under their original agreements that gave rise to the debt in the first place. Chapter 11 bankruptcy is almost exclusively used by businesses, but there is nothing that legally prevents it from being used by individuals, and its use by individuals is very rare. Chapter 11 bankruptcy requires the debtor to come up with a restructuring plan - telling the court how they propose to cut costs, improve their operations, and pay down their debts. The plan has to be approved by a majority vote of participating creditors.
One advantage of Chapter 11 bankruptcy is that it allows a business going through it to continue operations, and to trade its stock.
How Can a Toledo Bankruptcy Lawyer Help?
The decision to file for bankruptcy in Toledo is not one to be made lightly, and it certainly should not be made without first obtaining the advice of an experienced Toledo bankruptcy attorney.
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Life in Toledo
Toledo is the seat of Lucas County and the 4th most populous city in the State of Ohio. Toledo borders the State of Michigan and grew exponentially after the Miami and Eerie Canal were completed. As a transportation hub, Toledo is a midpoint between New York and Chicago via rail lines making it an ideal location for industry and commodity production. Toledo is widely known for its glass production including windows, doors, automobile windshields, art, and other construction materials. Johns Manville operates two premier fiberglass plants in Toledo alongside other giants like GlassTech. The automotive industry also thrives in Toledo with several Fortune 500 automotive companies that produce everything from spark plugs to performance parts.
Toledo's professional sports teams are a big attraction for locals and travelers alike. The Toledo Speedway hosts the Glass City 200 and is known as the home to the "Fastest Short Track Show" in the world which include drag races. The Inverness Club hosts a number of United States Golf Association (USGA) professional events like the U.S. Senior Open and the LPGA's Jamie Farr Owens Corning Classic. Raceway Park horse racing, Toledo Walleye hockey, and the Toledo Mud Hens who are the Detroit Tiger's minor league team are also play within city limits.