Triplett McFall Wolfe Law, LLC

Bellefontaine Legal Blog

Can a bankruptcy stop wage garnishment?

If you are experiencing financial difficulties, you may not only have trouble paying bills, but you may be having a hard time living from one paycheck to the next. If there is a time you get so behind on your bills that your wages are being garnished, it can make the way you live your daily life extremely difficult.

There may be relief to wage garnished and it may be a solution that can turn your whole financial situation around. That solution is bankruptcy. You may have been considering bankruptcy in the past, but if you are now having as much as 25 percent or more of your paycheck garnished to satisfy creditors, one way you can stop it is by filing for bankruptcy.

Will I go to jail for a DUI?

If you drink and drive, the chances of getting caught are pretty good. If you get caught in Ohio, you will probably go immediately to jail. This initial arrest takes you off the road and allows the court to set a date for your trial. Usually, you will spend only a night or two in jail. According to the Ohio Revised Code, the final ruling in your case may very well involve more jail time. This time, you probably will spend more than a night behind bars.

Your sentence depends upon many factors. These include your blood alcohol content at the time of your arrest and if you have previous violations. Your crime may be a misdemeanor or a felony.

Recovering a dissipated marital estate

Are you an Ohio resident considering divorce? Chances are, you have reached this decision as the result of experiencing many negative relationship elements. Distrust and financial issues are among the most common reasons that marriages end and divorce proceedings often may make the situation worse. The team at Triplett McFall Wolf Law, LLC helps clients work through the stressful and confusing task of uncoupling their lives and property from that of their spouse.

Dividing assets can be a difficult and complex process, especially if one spouse acted as financial manager for the household. According to Divorce Magazine, dissipation occurs when one spouse spends money with the sole purpose of reducing the marital estate. Providing evidence of this can be challenging, especially if your soon-to-be-ex tries to hide the spending. 

What is a peremptory challenge?

A right to a jury trial is one of the most crucial aspects of criminal proceedings in the state of Ohio. A jury will determine whether the evidence against you is sufficient to convict you of whatever you are charged with. However, at the stage of jury selection, your attorney does have a say in who ends up on the jury through peremptory challenges.

As the American Bar Association explains, prospective jurors are called in to a court and then reviewed by a judge to evaluate their fitness for serving on a jury. Some potential jurors are excluded for reasons that might make them unfit, such as a personal bias that would preclude them from being impartial in their judgment, or if they possess a criminal background.

What is the Chapter 7 means test?

A Chapter 7 bankruptcy offers you the chance to have many of your outstanding debts discharged, freeing you to use your income to re-establish yourself on firm financial footing. Yet this is a privilege not afforded to all. The federal government wants to ensure that people do not abuse the benefits that Chapter 7 bankruptcy protection offers. Therefore, if you want to file for it, you must first qualify. The qualification standards for a Chapter 7 bankruptcy are established by what is known as "the means test." 

The Chapter 7 means test compares your current income to both that of your demographic in your state as well as the total amount you owe in nonpriority unsecured debts. The first step in the test is to determine your current monthly income (less a few allowed expenses). If that income amount is lower than that of your particular demographic in your state, then you qualify to file under Chapter 7. If it is not, then your net income over the past five years is determined. According to the website for the Federal Judiciary, this amount is then compared to two values: a set dollar amount total and a percentage of your debt. For 2018, those values are $12,850 or 25 percent of your nonpriority unsecured debt. If your aggregate income over five years if greater than either of those amounts, you cannot qualify for a Chapter 7 bankruptcy. 

Helping your young adult overcome OVI charges

While there’s been a decline in the occurrence of drunk driving among teens and young adults in recent years, it’s still the leading cause of death for ages 18-25 both locally and nationally. Operating a vehicle under the influence of alcohol or drugs is not only dangerous, it’s also a serious criminal offense.

While zero tolerance drunk driving laws, anti-drunk driving community campaigns, sobriety checkpoints and school-based instruction programs have been effective in reducing and preventing drunk driving, one in three traffic deaths still involve a drunk driver.

How do traumatic brain injuries impact behavior?

Along with physical effects, traumatic brain injury (TBI) can also impact mood and behavior. These effects are often difficult to cope with, as the person afflicted may exhibit drastic changes in his or her personality that can’t easily be remedied. Brainline.org explains some of these effects, as well as what people can do to cope with them.

Emotions are often hard to regulate after TBI. This can result in mood swings, during which a person may go to many different emotional extremes. In some cases, a person may appear to be gleeful in one moment and sullen the next. These emotional upheavals are not usually connected to external factors and often cause strife within families or interpersonal relationships. There are other types of effects that can also take place.

Sale of Brookstone headquarters leaves employees wondering

When a company in Ohio files for bankruptcy, finding a solution and closing stores if necessary, takes time and can often be completed in different phases. For example, depending on the type of bankruptcy protection that is filed, a company could have the option to undergo a reassessment of its finances to pay off lingering debts and reorganize a stronger financial foundation. Others may be required to relinquish assets to pay off debts. Still, there are those who are unable to recover and see the closure of all of its stores with only memories left behind. 

The closing of all Brookstone stores has captured attention nationally as it was announced earlier this year that several notable locations would be closing following a filing for bankruptcy protection. Still, all of its airport stores remained open and operating as normal despite the chaos. However, recent reports suggest that the company's headquarters located in Merrimack, New Hampshire is being sold to a real estate firm. As such, the 90 employees that are currently working at that facility are facing uncertain futures in regards to their jobs. 

Does mediation make a difference during divorce?

As you prepare to get divorced from your spouse in Ohio, you are facing a future of uncertainty as you untangle everything that has become shared between the two of you since the start of your marriage. Often, this equates to shared assets, financial accounts, property and a host of personal belongings that may have significant sentimental value to both you and your partner. Working through the backlog of items requiring separation can be incredibly daunting, time consuming and costly if you do not go about it the right way. 

If you and your spouse are like many divorcing couples, one of the primary reasons you are seeking to dissolve your marriage is because you have been unable to make amends regarding consistent disagreements. Because of this, it may be less-than-ideal to assume that you will be able to reach amicable agreements about how shared assets should be split. Fortunately, you have the option of using mediation to help expedite the process of making these decisions. This valuable resource can help provide objectivity as you and your spouse work toward settling how things should be split. However, it is critical that you maintain a degree of flexibility and acknowledge that not every outcome will be exactly as you had hoped. 

The potential pitfalls of debt forgiveness

When a consumer has a large credit card debt that is being held by a debt collector, one option that may seem attractive is seeking out debt forgiveness. Debt forgiveness generally involves a consumer and a debt collector reaching a settlement under which part of a debt is forgiven.

This sounds great, right? It is important to know though that the debt forgiveness route can have its drawbacks.

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