James F. Lentz Attorney and Counselor at Law

You Don’t Need to Go Downtown for Excellent Legal Representation Anymore

The Howard Metzenbaum Courthouse iin Cleveland is the home for the  US Bankruptcy Court for the Northern District of Ohio.

Personal Bankruptcy

Phone: 216-410-6345

Fax: 216-803-1862

E-mail: jfl@po.cwru.edu

Bankruptcy was recognized by the U.S. Constitutional Convention as a necessary right of Americans.  If the country were to grow, reasoned the Convention Delegates, its citizens needed the opportunity to make a mistake — and recover from the error.  Americans have always been risk takers, and persons of generous spirit.  Sometimes we need a “do-over”.

For individuals and married couples, there are two forms of bankruptcy.  The two are: Liquidation (Called Chapter 7) and Reorganization (called Chapter 13).  Liquidation obtains from the Court a total discharge of indebtedness—except for secured property.  Secured property includes cars, houses and some appliances.  The bills (except for child support, taxes, most school loans and a few others) simply no longer exist.

Chapter 13 Bankruptcy reorganizes and minimizes the debts, but requires some repayment.  The duration of repayment may be as long as five years.

 

Not everyone qualifies for Chapter 7 relief.  A survey called a “means test” is one way the government determines who can file Chapter 7.   But the means test is not the only way to qualify. 

 

If you are receiving call after call from creditors you can’t pay or if you need to stop a garnishment or foreclosure,  a bankruptcy filing may help.  So too may many other tools.  A consultation with an attorney can get you on the right track.

 

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