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How Chapter 13 Bankruptcy Works in Ohio

— August 19, 2022

Before filing for Chapter 13, ask yourself if you have any assets above the exemption.

Filing bankruptcy can be a difficult decision, even when it’s a legal debt relief option. Have you wondered if filing Chapter 13 in Ohio is the best way to get rid of your debt problems? Would filing bankruptcy help or hurt your financial situation? We will answer all of this and more in this article.

In short, filing Chapter 13 bankruptcy in Ohio can eliminate debt and protect your assets. However, there are many things to consider before filing for bankruptcy relief. You are committing to a bankruptcy repayment plan that could last for up to five years.  This is why understanding the bankruptcy differences and understanding your Chapter 13 plan payment is crucial to making the most informed decision. Let’s get started.

Chapter 7 vs Chapter 13 bankruptcy:

It is crucial to understand some facets of a Chapter 13 bankruptcy in Ohio vs Chapter 7 bankruptcy in Ohio.

Chapter 7 Bankruptcy: A Chapter 7 bankruptcy in Ohio is when a debtor is not able to pay debts, and they file Chapter 7 to try and discharge the debts. Chapter 7 is not as expensive, and it can be finished in less time (as little as 120 days) as long as you are eligible. Below, we have a calculator that can assist you to know your Chapter 13 payment arrangement and if you qualify for a Chapter 7.

Chapter 13 Bankruptcy: Here, debtors (with their lawyer’s assistance in some cases) enter into a three to five-year installment repayment agreement to be honored monthly. It gets hard for some people to file for Chapter 7 because either they have valuable assets or their earnings are on the higher side.

Cost to File Bankruptcy in Ohio

You may be wondering how much does it cost to file bankruptcy in Ohio, which is a very good question. If you cannot afford to pay the bills, how on earth can you afford filing for bankruptcy?

The cost to file Chapter 7 bankruptcy in Ohio is $313, and the cost to file Chapter 13 bankruptcy in Ohio is $338.

Please note that this does not include attorney fees as those can range between $1000-$1500 for a Chapter 7 bankruptcy (potentially less in some areas) and $3500 – $4000 for a Chapter 13 bankruptcy.

Calculating your Ohio Chapter 13 Bankruptcy Plan Payment

The Chapter 13 bankruptcy Ohio payment plan estimate takes into account the IRS National expense figures and also specific Ohio expenses such as housing expenses. It also considers your unique financial situation, which is why we built the Ohio Chapter 13 Calculator below.

Factors used when calculating a Chapter 13 plan include, but are not limited to disposable income, your assets, your debts, and your recent financial transactions. It’s extremely important to navigate through these when deciding whether bankruptcy is right for you.

Ohio Means Testing

For example, the Chapter 13 calculator above takes into account Ohio bankruptcy means testing to evaluate if it may be the right candidate for a Chapter 7 bankruptcy. The most recent figures are for filings on or after May 15, 2022. It considers household size, income, and which state you live in.

Man in suit showing empty hands; image by Jacek Dylag, via
Man in suit showing empty hands; image by Jacek Dylag, via

You can check the most recent Chapter 7 bankruptcy Ohio income limits to help you estimate whether you would qualify for Chapter 7 bankruptcy. Please note that these figures change almost every 6 months, so you can check the latest figures to estimate.

Also, please note that you may be able to qualify for Chapter 7 bankruptcy in Ohio even if you make above the median income if you have certain expenses.

Ohio Bankruptcy Exemptions

Before filing for Chapter 13, ask yourself if you have any assets above the exemption. Though you might qualify for a Chapter 7, a Chapter 13 or debt settlement is the best option in case you have a significant equity holding in an asset.

Ohio has its statutes and bankruptcy exemptions that govern how the process of filing for bankruptcy is done. Assets above the Ohio bankruptcy exemption may be liquidated.

Chapter 13 Bankruptcy Ohio Trustees

Some of the responsibilities of the trustee include liquidating the non-exempt assets of the debtor. There are not as many Chapter 13 trustees as there are Chapter 7 trustees. Check out the following list of all the Ohio Chapter 13 bankruptcy trustees below.

Ohio Bankruptcy Districts and Court Locations

For example, there are 2 bankruptcy districts in the state of Ohio namely: Northern and South District. Furthermore, Ohio has an informative interactive Ohio bankruptcy county distribution map that shows more about the county distributions for the bankruptcy districts.

Below are the court websites that you can visit to get more information about each Ohio bankruptcy district:

Should I pursue a Chapter 13 Bankruptcy in Ohio?

First of all, a chapter 13 bankruptcy is a legitimate alternative for those with overwhelming debt, those who aren’t interested in Chapter 7 or they don’t simply qualify. Still, there are other alternatives, including debt settlement, debt payoff planning, and debt management, as per your preference and after weighing in all the pros and cons.

In conclusion, debt can bring about endless frustration and stress. On that note, we hope that this article will play a great role in helping you on the path to freedom from debt.

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