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Dayton, Ohio Bankruptcy Attorneys - Cope Law Offices

Dayton Bankruptcy Attorney Personalized Debt Relief Solutions If you are overwhelmed by debt, you may feel as though no one can help you. However, there is help available, and the sooner you take advantage of it, the sooner you will find debt relief solutions. Speaking with a knowledgeable bankruptcy attorney is an easy first step …

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January 7, 2020 by Russ Leave a Comment

Think Twice Before Reaffirming Mortgage Debt

There’s no one size fits all answer, but the general rule when it comes to reaffirming mortgage debt in bankruptcy is “don’t.” Reaffirming mortgage debt is great for the lender. For the bankruptcy petitioner though, reaffirmation of mortgage debt generally leads to increased future risk and increased attorney fees. In other words, there’s little or no upside for most homeowners.

What is a Reaffirmation Agreement?

When you reaffirm a debt in bankruptcy, you waive the protection you would otherwise receive through the bankruptcy discharge, and agree to remain personally liable for the debt. Many people who want to keep their homes or other property that serves as collateral for a debt don’t see a problem with reaffirming. After all, they are planning to continue to make payments. So, it seems like it won’t make much difference if they’re legally required to do so. 

However, life doesn’t always go as planned.

The Number One Risk of Reaffirmation

When debt is discharged in bankruptcy, the bankruptcy petitioner is no longer personally responsible for that debt. Therefore, if a homeowner files bankruptcy, does not reaffirm the debt, and receives the discharge, he or she is no longer liable for the outstanding balance and the mortgage. Of course, a homeowner who wants to keep the property must continue making payments–the lender can still foreclose on the property if the homeowner defaults or stops making payments. However, foreclosure will be the mortgage holder’s only remedy.

On the other hand, if mortgage debt has been reaffirmed, the homeowner remains personally liable for the debt. In that situation, if the borrower falls behind on debt payments, the mortgage holder may foreclose as in the reaffirmation example above. However, with the reaffirmation, the mortgage lender can also personally pursue the borrower for any remaining balance.

Here’s how that plays out for real people in bankruptcy:

Imagine that Debbie and John each file bankruptcy. Each owns a home worth $150,000, and is carrying $170,000 in mortgage debt. In other words, Debbie and John are each $20,000 “underwater” on their mortgage debts. 

In bankruptcy, Debbie reaffirms her mortgage debt. John does not.

Several months after bankruptcy discharge, each falls on hard times, and becomes unable to keep up mortgage payments. Both mortgage lenders foreclose, and both homes sell at auction for $40,000 less than the outstanding mortgage balance.

Debbie’s and John’s circumstances are identical, except that Debbie reaffirmed and John did not. John loses his home, but because his mortgage debt was discharged in bankruptcy, is not personally liable for the deficiency balance. The mortgage holder receives the proceeds of the sale, and that is the end of the road.

Debbie also loses her home. However, because she reaffirmed, her story doesn’t end there. Debbie is still personally liable for the loan. That means the mortgage lender can continue to pursue collection action against her, even sue her for the deficiency balance. Since it has only been a matter of months since Debbie received her bankruptcy discharge, it will be years before she can file another Chapter 7 case and discharge the remaining mortgage debt. In the interim, she may face aggressive collection actions , wage garnishment, and even seizure of property or bank accounts.

In short, the decision to reaffirm may have cost Debbie tens of thousands of dollars, and years of additional financial stress. 

What is the Upside to Reaffirming Mortgage Debt?

While some bankruptcy petitioners who own their homes want to reaffirm mortgage debt, the benefits are fairly limited. For example, if a bankruptcy petitioner keeps the house and continues to make payments without reaffirming, mortgage lenders typically will not report those payments to the three major credit reporting agencies. Therefore, the bankruptcy petitioner loses the value of those on time payments as a tool for rebuilding credit after bankruptcy.

There may be other minor inconveniences associated with not reaffirming. For example, some mortgage lenders will stop sending monthly statements. That means the borrower must take responsibility for ensuring that appropriate payments are made in a timely manner without a reminder.

However, it is difficult to see how these minor benefits could be worth the risk associated with continuing personal liability.

The Cost of Reaffirmation

Many bankruptcy clients question the additional attorney fees associated with a mortgage reaffirmation. Of course, the main reason that we discourage most clients from entering into a mortgage reaffirmation agreement is that it puts the benefits of the bankruptcy at unnecessary risk for very little return. When the bankruptcy filer is adamant about pursuing reaffirmation, however, that service is not included in our standard bankruptcy flat fee. That’s because a mortgage reaffirmation requires considerable additional work on the part of a bankruptcy attorney.

It is often difficult to get the lender to execute a reaffirmation agreement. In addition, bankruptcy law requires the attorney to make a determination as to whether or not the debtor can afford to reaffirm. If the bankruptcy lawyer takes responsibility for assuring the court that he or she has determined in good faith that the debtor can afford to reaffirm, the court will typically approve the reaffirmation agreement without hearing. However, it is rarely in the debtor’s best interest to reaffirm mortgage debt. And, if the attorney opts not to sign off on reaffirmation, then a hearing before the bankruptcy court is required.

The bottom line is that we generally discourage reaffirmation of mortgage debt. Any bankruptcy petitioner who chooses to move forward with reaffirmation must carefully weigh the increased risk of significant future liability and the increased time and expense in the bankruptcy process.

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Filed Under: Mortgage

March 17, 2017 by Russ Leave a Comment

Second Job, or File Bankruptcy?

Second Job or Bankruptcy Dayton OhioIf your finances are getting you down, how can you get back on track? For some, the answer may be to get a second job.

In some cases, you can boost your income and help reduce your debt by getting a second job. This is a good option for those who simply need to catch up on bills or payments that were late due to unexpected circumstances. But if you are in severe debt, a second job may not be the ultimate answer for you.

Find out below if a second job is right for you, or if you might have better luck filing for bankruptcy and wiping away your debt.

Millions of Americans Have Multiple Jobs

Millions of Americans are already working two or more jobs, according to a report by Bloomberg News. The number of workers who work multiple part-time jobs to make a full-time one — 2 million — has increased by 11% since 2007. It’s a section of the population that’s also growing faster than people who hold down a full-time job in addition to a part-time job.

During tough economical times, people are resourceful. They often must moonlight to make ends meet. In some cases, people reported having three jobs. The number of people working multiple jobs is not expected to change significantly in the foreseeable future.

If your financial situation is considered temporary, or you are starting to make a dent in your debt, taking another job may be a viable solution. However, it is important to note that in many cases, people are unable to continue working multiple jobs for a long period of time. For some, the option of a second job is used only as a temporary solution to get you through an immediate financial problem. Some people are not able to take on another job because of other commitments such as caring for their children.

Getting a Second Job in Dayton

According to the United States Department of Labor Bureau of Labor Statistics, unemployment for Dayton, Ohio, is at about 4.4% as of the end of 2016. The majority of local jobs last year were in education and health services; trade, transportation, and utilities; government; and professional and business services, respectively.

There are a number of different options for those who want to get a second job, including temporary or short-term employment opportunities. Similar to other employment opportunities, you will be better suited to some kinds of jobs than others.

Determine what type of job will best suit your needs. Many people find success with jobs that allow you to make your own hours or work a flexible schedule. This is particularly important if you’re trying to work around your regular schedule.

Check with temp agencies that are able to match you with local companies that need your services. Seasonal employment is available at retail stores during back-to-school and holiday periods. These jobs offer flexible hours and schedules, while other choices include restaurants and fast-food establishments.

It’s also possible to start your own small business that you can work during your available hours. Some of these possibilities include:

  • Driver for ride-share service
  • Pet sitter/walker
  • Cosmetics sales
  • Fitness instructor
  • Daycare provider
  • Substitute teacher
  • School bus driver
  • Delivery person

When you consider a second job, think about doing something that you like or enjoy, such as something related to a hobby. Think of something that you can do in your spare time, so you can fit it around your other job’s hours.

Should I File for Bankruptcy?

Just because you are behind in your bills doesn’t mean that you need to file bankruptcy. However, in many cases, bankruptcy can be a very good solution to help those who have a serious debt problem. This can occur when you have been out of work for some time, or are facing unanticipated expenses such as those that occur with an accident or serious illness.

When you are consistently unable to make payments on your debts, you become increasingly insolvent. It becomes increasingly difficult to dig yourself out of the financial debt hole that you are in.

There are two main types of bankruptcy that may apply to individuals. Chapter 7 is the simplest type of bankruptcy. Those who file Chapter 7 will be required to liquidate their assets in order to repay as much of their debt as possible. Chapter 13 bankruptcy allows the reorganization of debts into a repayment plan. Once you file bankruptcy, your situation is secured and creditors are no longer allowed to contact you for payments. Instead, you will work within the court system to resolve your debt situation. In many instances, you will be able to keep many of your possessions.

After filing bankruptcy, your credit score will be impacted. However, many people already are facing very low credit scores, which will only continue to decline if the debts remain unpaid. As a person’s ability to repay their debts continues, they will be increasingly unable to get loans, mortgages, or bank notes.

See also: Ohio is One of the Top 10 States for Bankruptcy Filings, How Many People Filed for Bankruptcy in Dayton in 2016?, Where are the Dayton Bankruptcy Courts?

Hiring an Experienced Bankruptcy Attorney

Each debt situation is different, and requires a unique solution. There are many factors to think about when considering whether to file bankruptcy. Some of these include the amount of debt you have, the value of your possessions, how far in debt you are, whether you are employed, and whether you have other ways of resolving your debt problem.

A qualified bankruptcy attorney with Cope Law Offices will evaluate your case to help you learn both the pros and cons of filing for bankruptcy. Contact us today for a free consultation.

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Filed Under: Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Dayton Community, Personal Finance

February 21, 2017 by Russ Leave a Comment

How Many People Filed for Bankruptcy in Dayton in 2016?

 

Bankruptcy Trends Dayton OhioLosing your job. Opening the day’s mail and seeing a big, unexpected medical bill you can’t pay for. Never feeling like those credit cards will ever get under control.

These are just a few of the reasons why people in Dayton file for bankruptcy every year. Ohioans are great, hardworking people, but our state is still ranked among the top 10 for the highest percentage of bankruptcy filings — about 322 per 100,000 people. We took a big hit during the Great Recession.

While the amount of bankruptcy cases filed in Ohio, and Dayton, has been on the decline in recent years, mirroring national trends since the height of the economic collapse, there are thousands here locally who still need help with managing their debt every year.

Here’s how bankruptcy cases stacked up in 2016, and where you can turn for advice should you choose to file bankruptcy.

Breaking Down the Numbers

In 2016, the United States Bankruptcy Court Southern District Ohio recorded 4,105 new bankruptcy filings in its Dayton office. Of that, 69 percent were Chapter 7 (2,831) and 31 percent were Chapter 13 (1,273). Just one Chapter 11 bankruptcy was filed the entire year, and no Chapter 12.

Ninety-seven reopened cases were included in the grand total of Dayton bankruptcy cases for 2016. There were 115 adversary proceedings filed last year. An adversary proceeding (AP) is a lawsuit filed separately from a bankruptcy case, though related, and resembles a typical civil case as found in Rule 7001 of the Federal Rules of Bankruptcy Procedure. Rule 7001 governs adversary proceedings, which include those to determine the dischargeability of debt, revoke an order of confirmation of a Chapter 11, Chapter 12 or Chapter 13 plan, and more.

The busiest month for bankruptcy filings in Dayton was March for total cases (417) as well as Chapter 7 filings (312), though July was the busiest month for just Chapter 13 (139).

On Trend with National Statistics

The Dayton office accounts for 24.4 percent of total bankruptcy cases in the Southern District of Ohio, which also includes Columbus and Cincinnati, with its percentage of Chapter 7 and 13 bankruptcy filings lining up with the average across all offices. More than 17,000 bankruptcy filings took place in the entire district in 2016.

Nationally, of the top 15 bankruptcy courts, the Southern District Ohio ranks 9th in total filings. The Northern District Illinois ranked 1st, with 44,937 total filings.

Districtwide, bankruptcy filings have decreased every year the past five years, generally by between 1,000 to 3,000 fewer cases each year. The decline has slowed, just like it has nationally.

Fewer than 800,000 people filed for bankruptcy in federal courts last year across the U.S. Compared to the 1.6 million bankruptcy filings nationally in September 2010, that’s a big drop in six years.

While the amount of U.S. bankruptcy filings in 2016 was the lowest out of any calendar year since 2006, the decrease in cases is slowing down. 2016 was the first calendar year since 2011 that the percent decrease no longer was double-digit.

A Look Ahead — Is Bankruptcy Right for You?

Despite the overall trend of bankruptcy on the decline, so far, for January 2017, the amount of bankruptcy filings in Dayton are up compared to January 2016. Eighty-one more cases were filed last month compared to the same month a year prior.

Chapter 7 is the clear front-runner in both national cases and locally. To figure out if you should file Chapter 7 or 13, Ohio has some income guidelines to follow. Chapter 7 is basically a “liquidation” of your assets, while Chapter 13 puts you on a repayment plan to your creditors. If you can pay back your creditors, typically Chapter 7 isn’t right for you.

You also want to make sure you’re always filing in good faith, or you could be looking at the court dismissing your case. Eliminate lavish spendings, and work on tightening your wallet. A luxury lifestyle in the midst of a bankruptcy proceeding isn’t going to look good to a judge.

We have some great budget basics that we’ve researched, such as splitting your expenses into categories like rent/mortgage, groceries, credit card payments, with some left over for savings and entertainment. Getting back on track does take time, though, so don’t be dismayed.

If you are struggling with the idea of filing for bankruptcy, we can help. We’ve successfully managed hundreds of bankruptcy cases, and can determine if bankruptcy is right for you. Our expertise includes bankruptcy, bankruptcy protection, bankruptcy and foreclosure, Chapter 7, Chapter 13, and unsecured and secured debt.

Contact us today for a free case review.

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Filed Under: Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Dayton Community

December 3, 2016 by Russ Leave a Comment

Should I Refinance My Mortgage?

SjpiThe holidays are coming up and cash is tight for a lot of us. Plus, a new year is about to start. That makes it a good time to think about reorganizing our finances and finding ways to spend less and save more. That may mean cutting back on restaurant meals or movies. It may mean really taking advantage of coupons and deals. Those smaller changes can really add up – but what about your big bills?

For most folks, a mortgage is the biggest bill every month. You can’t use a coupon to lower it, but there is a way to make those payments easier: refinancing.

What is mortgage refinancing?

When you first took out your mortgage loan, you had to agree to a number of aspects of your loan. Most importantly, you picked a “term,” or a length of the loan. Most commonly, that’s 30 years. You also agreed to an interest rate. That may have been a fixed rate, which means you pay the same rate every month. Alternatively, you may have agreed to an adjustable rate. An adjustable rate mortgage (ARM) has an interest rate that changes every month based on certain factors in the market. That’s an advantage when rates drop, but can leave you with unexpectedly high payments when rates rise.

The terms you chose may have made sense at the time, but times (and rates) change and you may want to adjust those factors to make your payments easier. That’s where refinancing comes in.

There are two main types of refinancing: rate-and-term refinancing and cash-out refinancing. With rate-and-term refinancing, you renegotiate the original agreement with your lender. That may mean shortening or extending the term of the loan, which allows you to pay it off faster or make smaller monthly payments over a longer period of time. It may also mean changing your ARM to a fixed rate mortgage to take advantage of low rates. Cash-out refinancing means taking out an entirely new mortgage for more than your current mortgage. For example, say your current mortgage balance is $100,000. You can take out a new mortgage for $120,000 and use $100,000 to pay off your old mortgage. Then you take the remaining $20,000 in cash.

Should I Refinance?

As with most financial questions, that depends on your unique circumstances. Refinancing costs money! You’ll typically have to pay:

  • A mortgage application fee of up to $500
  • An appraisal for $200-$700 (so the bank knows the value of your home and can decide how much to lend)
  • A loan origination fee of 1 – 1.5% of the value of the new loan (if you want to refinance $100,000 of mortgage loan, you’ll have to pay $1,000 – $1,500)
  • Title search and insurance of $600 – $1,200 (to ensure that you actually own the home and protect against problems with the title)
  • Local recording fees, which vary by area but can cost several hundred dollars

You may also have to pay the fees associated with your particular mortgage loan. And more importantly, your amortization will start over. “Amortization” refers to how you pay off interest and principal over time. Your earliest mortgage payments are mostly interest payments, since you pay the interest rate on the entire loan every month plus a certain amount of the principal. By the end of your loan, you’re paying a small amount of interest and a large chunk of the principal. So, remember that a refinance means a whole new amortization schedule. That means you may end up paying more interest over the long run.

So how do you decide if a refinance is right for you? You’ll have to do a little bit of number crunching. First, take your original mortgage and figure out how much it’s costing you. Essentially, you’re looking at your monthly payments and also your total interest payments over time. Then, talk to your lender (and potentially other lenders) about refinancing. Ask them about their fees and ask them to give you an amortization schedule for a new loan. You can compare your current monthly payments and your total interest payments with those from a new loan. If it’s cheaper to refinance, then refinance!

Sometimes that math can get complicated, especially if you’re already behind on your mortgage payments. At that point, it’s worth it to talk to a financial adviser (your lender will have advisers) or an attorney to determine whether you qualify and how a refinance will affect your monthly payments and your loan overall.

The Bottom Line

Mortgage loans are expensive – period. A home is the largest purchase most people will ever make. So it’s worth the time and effort to consider your loan and make sure you’re getting the best possible deal. If you’re having trouble making those payments every month, a refinance may help ease the pressure on your budget.

If you’re behind on your mortgage and refinancing isn’t an option or won’t lower your payments enough to let you make ends meet, you may want to consider other debt management options. Contact us today for a free case evaluation and consultation to learn about your options.

 

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Filed Under: Mortgage

October 14, 2016 by Russ Leave a Comment

ITT Tech Shutdown and Your Student Loans

ITT Tech Student LoansStudent loans are hard enough to deal with even once you’ve finished your degree, but what happens when your school closes before you graduate? That’s the dilemma ITT Tech students are currently facing as the school closes its doors.

What happened to ITT Tech?

ITT Tech used to be a powerhouse among for-profit schools, with about 130 campuses in 38 states. It offered programs in everything from business to nursing to computer forensics to paralegal studies. And on September 6, 2016, it shut down for good. That left about 35,000 students without a degree and 8,000 employees out of a job.

So, what happened? ITT Tech had been in business for 50 years, but has been on the government’s radar for several years. Two federal agencies and two states had sued the school over its marketing practices and job placement rates, and a number of other states had sent subpoenas or document requests.

One major concern was how ITT Tech reported its job placement rates – students, accrediting agencies, and state governments have suggested that the rates are seriously inflated. The school advertises its job placement rates heavily, which could easily mislead students into believing that they would be able to find employment after graduation.

Another concern was ITT’s lending practices. While the vast majority of students received federal aid (more than 80% of tuition came from the federal government), it wasn’t always enough to cover the cost of tuition. So, the school offered its own private loans. They often had interest rates over 16% and origination fees in excess of 10%. At the same time, the interest rates on federal loans was 6.8%. The Consumer Financial Protection Bureau (CFPB) has filed a lawsuit claiming that the loans were misleading. According to that lawsuit, ITT has project that 64% of those loans will default.

Yet another concern was the lack of accreditation for certain programs. For example, its nursing programs weren’t actually accredited. In some states, students from non-accredited programs may still be able to get their licenses. However, most employers will not hire people unless they’ve completed an accredited program. In other words, many students ended up with degrees that could never get them a job, despite what they had been told.

Essentially, the issue boiled down to the sense that ITT Tech was misleading its students and making a lot of money doing it. Students, state governments, and government agencies suggest that the school used misleading job placement statistics to draw students in, trapped them with high interest loans, and then failed to get them jobs after graduation. So, the federal government pulled funding from the school, which led it to close its doors.

What happens to students?

ITT Tech wasn’t cheap – tuition could easily exceed $20,000. So lots of students were left with outstanding loans. Usually, it’s nearly impossible to get out of student loans. You can’t discharge them in bankruptcy except in extreme circumstances; payment plans are available for federal loans but you’ll have to stick with them for 30 years.

The good news is that there is a specific exception for students left with loans when their schools close. It’s called a closed school loan discharge. If you qualify, your loans will be entirely forgiven and any payments you’ve made will be reimbursed. In order to qualify, the school must have closed while you were still enrolled or shortly after you withdrew. Note that if you do take advantage of this program, you’ll lose the credits you earned at ITT Tech. You can start the process of applying for a discharge through the Department of Education’s website, where they have resources specifically for ITT Tech students.

Rather than applying for a discharge, you also have the option to transfer your credits to another school. You’ll need to contact that school and determine whether your credits will transfer – remember that ITT was not accredited in every program and you may not be able to use those credits elsewhere.

The Department of Education is providing free help for students affected by the closure, so there’s no need to pay companies for loan modifications or other services.

Private Loans

If you took out private loans to pay for your education at ITT Tech, you’ll need to work directly with your lender to find out what your options are. The closed school loan forgiveness program only applies to federal loans, but private loans may have similar provisions.

We Can Help

If you’re struggling to get your loans discharged or if you don’t qualify for a discharge, we may be able to help. We may also be able to help if you have private student loans that don’t qualify for a discharge. Contact us today for a free consultation and case evaluation to learn more about your options for dealing with your student loans.

 

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Filed Under: Student Loans

September 20, 2016 by Russ Leave a Comment

Where are the Dayton, OH bankruptcy courts?

When you file a bankruptcy, you’ll need to visit the bankruptcy court. You may choose to file your bankruptcy in person with the clerk. You may also need to go to the court for hearings with creditors and the bankruptcy trustee.

If you’re filing with the help of an attorney, you may not have to go to the court in person. Your attorney will file your paperwork and may be able to handle any hearings without you being there. If you’re filing without an attorney, you do have the option of filing your case online. You’ll still need to attend any hearings in person.

So, where do you need to go?

Dayton is a part of the Southern District of Ohio. The court is located at:

120 W 3rd St #100
Dayton, OH 45402
(937) 225-2516

Getting There

The easiest way to get to the bankruptcy court is to drive. You can find paid public parking at:

  • Parking Management at 126 E 2nd St.
  • First St. Garage at 23 W First St.

There are also a number of public transportation options:

  • Take the 08, 19, 65, 66A, or 66B bus to W 4th St. at Wilkinson
  • Take the 01, 02, 04, 08, 18, or 41 bus to W 4th St. at Ludlow
  • Take the 09, 14, or X5 bus to N Perry St. at W 2nd St.

 

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Filed Under: Chapter 13 Bankruptcy, Chapter 7 Bankruptcy

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Dayton Office

6826 Loop Rd
Dayton, OH 45459
United States
Phone: 937-401-5000
Fax: 877-845-1231

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Dayton Office

6826 Loop Rd
Dayton, OH 45459
Map & Directions

Phone: 937-401-5000
Fax: 877-845-1231

Downtown Dayton

11 W Monument Ave, Ste 300
Dayton, OH 45402
Map & Directions

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Fax: 877-845-1231

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Springfield, OH 45504
Map & Directions

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Vandalia, OH 45377
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Phone: 937-387-1598
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