Ohio Bankruptcy FAQs

You must pass a federal means test comparing your income to the Ohio median for your household size. If your income falls below that threshold, you qualify right away. If it's above, a second calculation checks your allowed expenses against what's left over. If you don't qualify, Chapter 13 is usually the fallback option.

Yes. Filing triggers an automatic stay the moment your case is filed, which halts most garnishments once the court notifies your employer. Exceptions apply for debts like child support and certain tax obligations, which can continue despite the stay.

Yes. Child support, alimony, most student loans, and certain recent income taxes typically cannot be discharged. Debts from fraud, and any debt you left off your paperwork entirely, usually don't qualify either, regardless of which chapter you file.

Some older income tax debt may qualify for discharge, but strict rules apply. The tax return generally has to be at least three years old, filed on time, and not involve fraud or willful evasion. Recent tax years and unfiled returns almost never qualify.

It depends on timing and the refund amount. A refund you're owed at the time of filing can be treated as an asset in your case. Ohio's exemptions may protect part or all of it, so the outcome varies based on your specific filing date and exemption elections.

A Chapter 7 filing stays on your report for up to 10 years from the filing date. Chapter 13 typically remains for 7 years. Many filers see their credit scores start improving within one to two years after discharge, well before either period ends.

Yes, but waiting periods apply. A prior Chapter 7 discharge means an 8-year wait before you can file Chapter 7 again, or a 4-year wait before filing Chapter 13. The clock runs from your prior filing date, not your discharge date.

In most cases, no. You attend one meeting called the 341 meeting, run by a bankruptcy trustee, not a judge. It usually takes place a few weeks after filing, lasts under 10 minutes, and does not happen in a courtroom.

Most retirement accounts are exempt and stay protected during bankruptcy. Employer plans like 401(k)s and 403(b)s are generally fully protected with no dollar cap, while IRAs are protected up to a federal limit that adjusts periodically. This holds true whether you file Chapter 7 or Chapter 13.

No. You can file on your own even if you're married. The court still needs some income information from a non-filing spouse to evaluate your household finances accurately, even though that spouse isn't part of the case.

Yes. Federal law requires a credit counseling course completed within 180 days before you file your case. It typically takes about an hour, can be done online or by phone, and a second course is required later, before your discharge is granted.