- Divorce
- Child SupportPriority debts are obligations that either cannot be discharged in a Chapter 7 action or can only be discharged under a narrow set of circumstances. These include back taxes, student loan balances, and child support. Other types of debt, such as credit card balances, are considered non-priority and may be discharged in full if the client meets the criteria set by the court.
- Spousal SupportLife after a divorce can be very financially difficult. Many Ohio residents file for Chapter 7 bankruptcy after a divorce. This could be due to reduced income or child and spousal support payments that have been filed against a debtor.
- Identity TheftThe right to know what information is contained in your file (“file disclosure”) – you are entitled to a free file disclosure if a person has taken an adverse action against you because of information in your credit report (for example, denied credit), you are the victim of identity theft, your file contains inaccurate information as a result of fraud, you are on public assistance, or you are unemployed but expect to apply for employment within 60 days
- Business TransactionsEvery state has its own consumer protection statute. Ohio’s main consumer protection statute is called the Ohio Consumer Sales Practices Act (OCSPA) (R.C. § 1345.01 et seq.). The OCSPA is a law designed to discourage businesses from acting unfairly with Ohio consumers, and is also designed to compensate consumers who are wronged. The OCSPA covers all consumer transactions, which include a sale, lease, assignment or other transfer of goods or services to an individual primarily for personal, family or household use. Business transactions are not covered by the OCSPA.
- Real Estate TransactionsNational banks, federal savings associations, savings banks and other federal or state banking institutions, credit unions, and insurance companies are excluded (However, the OCSPA does permit actions against non-regulated mortgage brokers, appraisers, non-bank lenders and non-bank lending loan officers, including for mortgage fraud)
- Property DamageThere are some cases in which a diminished value claim will not be possible. For example, if you were at fault in the accident, you likely will not be able to claim diminished value against your own insurance policy. However, you can make a diminished value claim on your insurance policy if someone has hit your car or you can make the claim against the insurance policy of the party who was at fault. If the person who hit you happens to be uninsured, a lot of the time, your own uninsured motorist property damage coverage will allow for diminished value collection. However, you need to keep in mind that you will need an appraisal of the value of the car before and after the accident and repairs in order to make a successful claim.
- Auto Accidents
- BankruptcyThe decision to file for personal bankruptcy is not an easy one. Many people will try every possible means of managing their debt before turning to this option. When the decision is made to seek bankruptcy protection, it pays to confer with a bankruptcy attorney in Licking County Ohio who can assess the client’s situation, determine eligibility, and help the client understand what happens before, during, and after the filing. Here are some examples of what the legal counsel will discuss with the client.
- Foreclosure2. To save their home: Many people in Ohio were caught up in the mortgage crisis during the recent recession. They may have signed for a mortgage that they could afford at the time, while being assured that refinancing their adjustable rate loan soon was an option. When the housing market crashed, it took away most people’s ability to refinance due to the fact that they now owed far more than their homes were worth. Chapter 13 allows stops foreclosure and allows them to catch up.
- Debt CollectionAfter several years working together as bankruptcy and debt-collection attorneys for banks, mortgage companies, and credit unions, our partners Jim Nobile and Matt Thompson decided to change course. Jim and Matt felt that their experience working for “the other side” gave them insight that could be valuable to consumers looking for a lawyer to work to protect the consumer’s rights. So in 2001 they formed their own law firm which is today known as Nobile & Thompson Co. LPA.