Government-backed student loan debt almost always survives a bankruptcy discharge.  Unless you are severely, permanently disabled and unable to work, your loans will likely still be there long after the court grants your discharge.  So, is there any benefit to filing for bankruptcy if your school loans are overwhelming?  A Chapter 13 Plan Crushed by debt Dayton, Ohio Bankruptcy Attorney Chris Wesner explains that a Chapter 13 bankruptcy, can reduce the loan payments for the three to five years the debtor’s plan is in place.  Student loan debt is no exception. At the beginning of a Chapter 13, the debtor agrees to pay a certain percentage of all “unsecured” debts, such as credit cards or medical bills.  (Secured debts – home mortgages or car loans – will be paid in full unless other arrangements are made.)  The debtor pays into the plan, and the bankruptcy trustee then distributes money to these unsecured creditors.  When the plan ends, the court discharges, or cancels, whatever balance remains. Student loan treatment The debtor includes student loans in his plan, and they are paid at the same percentage as unsecured debts.  Likewise, the trustee sends the scheduled payment to the student loan holder.   However, when the debtor’s plan ends, the student loans are not discharged.  The debtor’s loan payments will resume. Benefit While it is true that the loans will not be discharged, the borrower should be in a better position to pay if all the other unsecured debt is gone. Each debtor with student loans will have different financial circumstances. It is important to consider the ratio of other debt to the amount of school loans.  Loans made privately, directly through a bank, may be dischargeable.  An experienced Dayton, Ohio bankruptcy attorney can examine your situation and develop solutions specific to your personal story. Please, contact us for an appointment. The post Dayton, Ohio Bankruptcy Attorney can review your student loan debt before a Chapter 13 filing appeared first on Chris Wesner Law Office.

By Winnie HuThe sputtering traffic in Manhattan has long been blamed on cars and deliverytrucks pouring onto the streets from the rest of the city and beyond.Since at least the 1970s, New York City officials have proposed various tollsystems to deter drivers from coming over bridges or piling into the busiestneighborhoods.But today, the traffic landscape in the city has undergone a remarkable shift —the problem is not just the congestion coming in, but the congestion that is alreadyhere. An explosion of ride-hailing app services has transformed the way that peopleget around the city and is choking the streets. Midtown traffic crawls at an average of4.7 miles per hour from 6.5 miles per hour five years ago.“You’ll see an entire row of Lyft, Uber and Juno drivers on the streets waiting topick people up,” said Chanse Gierbolini, 27, a baker in Lower Manhattan. “It seemslike everybody’s driving the same black sedan — they’re everywhere.”About 103,000 for-hire vehicles operate in the city, more than double theroughly 47,000 in 2013, according to the Taxi and Limousine Commission. Of those,68,000 are affiliated with ride-hailing app companies, including 65,000 with Uber.alone,though they may also provide rides for others. In contrast, yellow taxis are capped bycity law at just under 13,600.Now a new report finds that ride-hailing cars are often driving on the city’s busieststreets with no passengers — in effect, creating congestion without any benefits. Thereport by Bruce Schaller, a former city transportation official, found that more than athird of ride-hailing cars and yellow taxis are empty at any given time duringweekdays in Manhattan’s main business district.The ride-hailing cars average 11 minutes of unoccupied time — compared witheight minutes for yellow taxis — in between dropping off one passenger and pickingup another, according to the report.The ride-hailing services have drawn scrutiny as Gov. Andrew M. Cuomoformulates a congestion pricing plan that would not only reduce traffic, but also raisemoney to modernize the city’s subways. A state task force, called Fix NYC, is lookingat measures including a new per-ride fee on all for-hire vehicles in Manhattan, whichwould be paid by passengers, according to those familiar with the discussions. Mr.Cuomo is expected to announce a congestion pricing plan, which must be approvedby the State Legislature, as soon as January.“The governor has been clear we need to reduce gridlock, cut emissions andfund mass transit,’’ said Peter Ajemian, a spokesman for Mr. Cuomo, “which is whyhe empaneled Fix NYC to explore all options.”Mayor Michael R. Bloomberg was the last to try a congestion pricing plan, in 2008.His plan, which would have exacted an $8 fee for entering Midtown and LowerManhattan, died in the State Assembly.Across the nation, a handful of cities have imposed per-ride fees. Seattle, whichbegan regulating ride-hailing services in 2014, charges two fees totaling 24 cents perride to cover the costs of regulating and licensing operators and to supportwheelchair-accessible cars. Portland, Ore., began charging passengers a fee of 50cents per ride in 2016 to pay for safety inspections of cars and other regulatory costs.In Chicago, where Mayor Rahm Emanuel contends the ride-hailing services havecost his city millions in lost taxes and fees, the city introduced a 20-cent-per ridefee in 2014 and raised that to 50 cents the following year. The fee will rise to 65cents next year, and then to 70 cents in 2019 — with the additional increasesdedicated solely to modernizing the transit system, city officials said.New York City is considering a new fee on for-hire vehicles at a time when thestate-controlled Metropolitan Transportation Authority is in dire need of money tooverhaul the city’s decrepit subway system. Advocates say it would be easier to pushthrough the State Legislature than tolls on the East River bridges and already has aprecedent: a 50-cent surcharge on cab rides that goes to the transportationauthority. The ride-hailing services are not subject to that surcharge, but collect stateand local sales taxes on each ride.Mayor Bill de Blasio has criticized Uber’s rapid expansion for exacerbatingtraffic, but his administration backed down from a proposed cap on Uber cars in2015. The mayor, who opposes congestion pricing, has announced his own plan toreduce traffic, including banning some truck deliveries and stepping up enforcementof traffic rules.In the meantime, there is no escape from gridlocked streets. Jennifer Brown, 46,an architect, was recently trapped in a cab on Fifth Avenue near 72nd Street en routeto an appointment. After going two blocks in 20 minutes, she finally jumped out towalk to a subway station. “I was late, so it was anxiety inducing,” she said.Alexis Licairac, 47, a law firm clerk in Lower Manhattan, said it takes him abouttwo hours to get to work by bus from his home in the Bronx. “It’s absolutelyhorrible,” he said. “When I see how bad the congestion is in the city, I think if there’sa disaster, we’d never get out.”Sam Schwartz, a former city traffic commissioner who is on the state task force,said that a new ride fee could compel some passengers to seek cheaper alternatives,including subways and buses. He said that growing car congestion has hurt the cityeconomy at all levels, from making it harder to get to work to increasing deliverycosts for stores and restaurants.Alix Anfang, an Uber spokeswoman, said simply adding a fee would not addressan already unfair fee system in which Uber riders pay more in sales tax than taxiriders pay with the 50-cent M.T.A. fee. The minimum fare for an individual Uberride in New York City is $8, which amounts to a sales tax of 71 cents. She said thesystem is especially a burden on riders outside Manhattan, who have fewer subwayand bus options.This week, Uber started a campaign calling for a comprehensive approach tocongestion pricing, which could include a per-ride fee in Manhattan among othermeasures.“The existing ride-hailing tax unfairly burdens outer borough New Yorkers who payfar more in taxes per trip than Manhattan taxi riders,” Ms. Anfang said, “which iswhy Uber believes a new transit tax system should fully fund mass transit by settingfees based on how crowded the roads are, not the type of vehicle people are travelingin.”Campbell Matthews, a Lyft spokeswoman, said the company has focused onincreasing occupancy in cars on the road and reducing individual car ownership.“We are supportive of holistic efforts to address congestion in New York to ensurethat all transit options available to New Yorkers are convenient and affordable,” shesaid.Drivers for ride-hailing services and cabs said they would oppose a new ride fee,arguing that they, too, are hurt by congestion and that such a fee would unfairlysingle them out when there were other causes, such as construction, garbage pickupsand truck deliveries.Mohammed Zzaman, who drives for Uber, Lyft and Juno, said he made fewerpickups and less money during his “hell month” in December, when holiday crowdsdescend on the city and it takes twice as long to cross Midtown.George Vountouvas, 60, an Uber driver, said he started at 4:30 a.m. because“there’s no congestion, no traffic at that time.”Nino Hervias, a taxi owner and spokesman for the Taxi Medallion Owner DriverAssociation, said the hefty prices for taxi medallions should already include access toManhattan streets, though he supported a new fee for ride-hailing cars.While Uber, Lyft and Via have expanded their services outside Manhattan, Mr.Schaller found that for-hire vehicles continued to crowd into Manhattan’s mainbusiness district. There were an average of 10,500 yellow cabs and vehicles workingfor ride-hailing apps from 4 p.m. to 6 p.m., or more than double the 5,100 vehicles in2013. “It’s very easy to get a ride when you want one, but once you get in the car,you’re stuck in traffic,” he said.Mr. Schaller has called for reducing the unoccupied time for ride-hailing carsand yellow taxis in addition to other efforts to reduce congestion, such as a new ridefee or toll system. He noted that Uber already uses technology at the airports to“rematch” cars dropping off passengers with new pickups to reduce congestion — apractice that could be expanded to city streets.Many riders said something had to be done about congestion, but were wary ofanother fee. “We already pay taxes — what more do they want from us?” said EvelynJimenez, 38, a dental assistant who already spends at least $15 a day on Uber.But Mr. Gierbolini, the baker, said that he would be willing to pay a little moresince he still depends on the subway to get to work. He spends $25 a week on Lyft,but only when he is not under pressure to be someplace on time.“There’s almost no reliable way to get anywhere on time other than walking,” hesaid.Copyright 2017 The New York Times Company.  All rights reserved.

Crushed by debt Our Troy, Ohio bankruptcy attorney, with offices in Troy, Springfield, Xenia, Piqua, and Beaver Creek, helps clients who are in default on their student loans. We will try to help you find an affordable positive solution to all your financial problems. The United States Department of Education (DOE) offers four income-based repayment plans for resolution of student loan debt with loan forgiveness for government service. Chris Wesner, LLC., a member of five Ohio bar associations and the National Association of Consumer Bankruptcy Attorneys, has ten years of experience helping clients with Chapter 7 and Chapter 13 bankruptcies. Income-Based Repayment Plans  Professional loan servicers, working with the DOE, are available free of charge to help you apply for an income-based repayment plan. Four income-driven loan forgiveness programs require you to pay 10% to 20% of your “discretionary”  income for a period of ten to twenty years. Your monthly payments increase and decrease with your earnings and the size of your family based on an annual certification process. Your remaining student loan balance is forgiven at the end of your repayment period when you complete your income-based repayment plan. Public Service Loan Forgiveness You may be eligible for public service student loan forgiveness if you work for a nonprofit or a government organization. The public service loan forgiveness program discharges your remaining student loan debt balance when you have successfully completed a 120-month repayment program. Contact us for help with student loan repayment, foreclosure, repossession, or credit card debt. Our bankruptcy law firm will take the time to understand your unique financial situation. Your initial consultation is free. The post Troy, Ohio Bankruptcy Attorney Reduces Student Loan Defaults appeared first on Chris Wesner Law Office.

ProPublica just posted a fascinating piece on bankruptcy fraud in the Central District of California (which includes Los Angeles).  It's the latest article in their important series "Too Broke for Bankruptcy: How Bankruptcy Fails Those Who Need It Most."

“Bankruptcy”. Bankruptcy is not a word that inspires confidence, hope, or assurance. Unfortunately it has become somewhat of a dirty word in our culture and society. Terms like “morally bankrupt” are tossed around as pejoratives, implying that anything involving bankruptcy demonstrates a personal failing. Nothing could be further from the truth. As experienced bankruptcy lawyers serving clients throughout Ohio, we know this as well as anyone. Bankruptcy exists in our legal system to provide individuals, families, small business, farmers, and corporations an opportunity to restructure their finances, create a plan for turning things around, and move on to a better future. Some of the most successful individuals and businesses in our society have filed for bankruptcy in the past. Bankruptcy will not preclude you from achieving your goals and contributing to society in the future; continuing to struggle in debt with no end in sight will. All it Takes is One One misfortune is all it takes. One unexpected home or vehicle repair expense. One serious illness or injury. One job loss. After finding a way to absorb the one misfortune, a person, family or business owner is left vulnerable to things that would normally be routine. Suddenly a routine expense like a vet appointment or mortgage payment results in a financial emergency. One missed credit card payment can snowball into an unmanageable amount of debt. At this point a person has numerous options, with the following two being the most common: Continue to scratch and claw just to make the minimum payments Explore filing for bankruptcy in order to achieve a fresh start Bad things can and do happen to good people. If you find yourself in dire financial straits you owe it to yourself to explore all of your options for making things better. Contact us today to find out how bankruptcy can help your finances back on solid ground. The post Bankruptcy is NOT for the Defeated, but the Fighters appeared first on Chris Wesner Law Office.

OVI on Private Property Recently, we received a very interesting question about DUI/OVI in Ohio. The person has a very large piece of land and was inquiring whether or not they can receive a drunk driving charge if they were on private property. You may think this is a weird question, but there are many people, especially in Ohio, Western Pennsylvania, and West Virginia who invest in recreational real estate. These large pieces of undeveloped land are utilized as recreational retreats for the purpose of hunting, fishing, and hiking. But, they are also used for other activities like ATV riding, dirt biking, and off-roading. So, the potential for driving drunk on private property is a far more common occurrence than you may think. Not Just Ohio Before speaking about Ohio specifically, it is important to understand drink driving laws more broadly. Each state has their own drunk driving laws. However, for the most part, police everywhere have the ability to question and test your driving ability, and they can arrest you for a DUI/OVI violation. Many people seem to think that they are “safe” in places like a golf course, parking lot, dirt road, or driveway. However, generally speaking, the police do have the ability to stop and arrest you almost anywhere, if they have a reasonable suspicion that you are driving under the influence or while intoxicated. Ohio’s Broad Law Regarding drunk driving or OVI in Ohio, the answer is yes, you can be arrested on private property. Ohio law is written broadly to state, “the person is under the influence of alcohol, a drug of abuse, or a combination of them” O.R.C. 4511.19. The way it is written, there is no distinction made between public and private lands. So, the police can arrest you if you are found to be operating a vehicle drunk on private property. Regardless, if you have been charged with a DUI/OVI violation, it is vital that you contact a qualified attorney in order to get the best advice. Do you have questions? What haven’t we covered yet that is important to you? If you would like to talk about drunk driving on private property in Ohio, or a related topic, please contact us. The post OVI on Private Property in Ohio appeared first on Chris Wesner Law Office.

Five Potential Defenses Against Foreclosure in Ohio As a homeowner, it is important to understand exactly what you’re facing if your bank is threatening to take back your come. While it’s not uncommon to feel helpless in the face of an impending lawsuit, what many homeowners don’t realize is that there are some ways to fight this in Ohio. The key is to understand what grounds you might have for contesting the the lawsuit. Here are five potential defenses that could save your home. No Default Notification While the state of Ohio doesn’t legally require that the bank notify you if they are seeking foreclosure, your mortgage loan terms might. And if the mortgage mandates that the bank has to notify you of your default before they can foreclose, failure to do that may qualify as grounds for dismissal. No Remedy Time Provided Like the default notification, there’s no law in Ohio that defines a specific time period to remedy a default before the creditor initiates the lawsuit. However, if your loan requires the bank to notify you of a default, that default notice must give you a timeframe to resolve the problem by. If you don’t catch up the loan by that deadline, they can proceed with the foreclosure. A 30-day notice is usually pretty standard in these cases. If you’re not given time to bring the account current, that may stop the foreclosure to allow you that time. The Bank Refused Your Payment If you tried to resolve the default balance and your bank refused the payment because they were already seeking foreclosure proceedings, that might qualify as grounds to dismiss the foreclosure. Legally refusing a payment to settle the default could fall under breach of contract laws in court. There’s A Calculation Error If you’re notified of a default and it seems as though something is off about the calculations, look closely at your records. Make sure that the past due amount being reported is actually what you owe. Ask for a transaction history on the loan so that you can verify that the bank credited your payments correctly. If there’s an error in the accounting or the past due balance is incorrect, that may lead to a dismissed foreclosure. The Bank Isn’t The One Filing The Suit If the bank where you got your mortgage isn’t the one filing the foreclosure, that may call the foreclosure into question. The person or company filing the disclosure must have legal ownership of the mortgage debt, otherwise, they cannot legally seek foreclosure. Ask for proof of debt ownership if you’re unclear about who has filed the case. The better prepared you are when it comes to legally protecting yourself, the lower your risk of foreclosure. For more information, contact us today. The post Foreclosure Defenses in Ohio appeared first on Chris Wesner Law Office.

Foreclosure after home Purchase After the home-buying process, there can be unforeseeable circumstances which force a new homeowner to miss mortgage payments and fall behind. In the state of Ohio, after two or more missed mortgage payments, the foreclosure process will begin. To prevent losing your home, bankruptcy may be an option. While bankruptcy is in most cases a last resort, it may be necessary in order for you to keep your home. At Chris Wesner Law Office, we can guide you through the bankruptcy process and which choice is right for you. What Type of Bankruptcy can I file: Save your home from foreclosure There are two types of bankruptcy, Chapter 7 and Chapter 13, from which a homeowner could benefit. Under Chapter 7 bankruptcy, a trustee would turn the homeowner’s non-secured property into currency and distribute that money to creditors. The only downside to this is if your home is not exempted, you will lose it, as well as any other property not exempt, such as an automobile. Chapter 7 is a good option for those with few assets but an extraordinary amount of debt. Chapter 13 bankruptcy is perhaps a better option for homeowners. Under Chapter 13, a court-sanctioned 3 to 5 year payment plan is set up based on your income, and all debt is compacted into one large sum. This is a good option if you want to keep your assets. Will I lose my Home – Not if you don’t want to Falling behind on mortgage payments does not mean you will lose your home. Bankruptcy is an option, and can allow you to save your home and other assets from being seized. At Chris Wesner Law, we are dedicated to offering the best assistance in our power, from legal consulting to representation when it comes to battling a foreclosure. Contact us online to schedule a free consultation. The post Legalities of Foreclosure appeared first on Chris Wesner Law Office.

Dealing with a foreclosure in Ohio can be hectic. The average person is not really prepared for the paper work and interactions with the court system that lawyers are trained to handle. Here are three common issues with Ohio foreclosures that people often face. Failing to Prove the Right to Cure the Default Should your mortgage loan agreement call for a lender to provide you with a full written notice of default, you also have time to bring the loan current by paying off past due cha rges and payments.  This is known as curing and it typically lasts 30 days before the bank can officially file foreclosure. Should you be able to fully cure your default or be able to tender payment in a sufficient amount but the lender refuses acceptance) and the bank forecloses on you anyway, you can raise this as a defense. Also, you might be able to request the case be dismissed. Failing to Provide Notice of Default Should the lending bank fail to provide you with a written notice of a default that is required by the stipulations of your loan agreement, you can raise that failure as a defense during the foreclosure. Should the court agree with you then the case might be dismissed. However, this is only a temporary fix and should you not bring the loan current the bank will be able to send the written notice and file a foreclosure again. Payment Mistakes or disputes Foreclosing creditors have to allege as well as prove that your loan is in default and that the balance due amount in reference to your mortgage loan is accurate. It is not that rare for mortgage lenders to miscalculate your balance due, add attorneys’ fees and other tangential charges to the due amount that the loan does not support, overcharge a lender’s interest and other fees, misapply interest and principal payments, or in properly account for all payments the borrower has made. Such mistakes can prevent the lender from legally foreclosing. To find out more contact the experts at the Chris Wesner Law Office today. The post Three Ohio Foreclosure Issues and How They Affect Your Case appeared first on Chris Wesner Law Office.

As you may know if you’ve been keeping up with our work, we’ve been focusing on the trials and tribulations of NYC taxi medallion owners.  Now HotAir reports (based on a CBS San Francisco story) that San Francisco taxi medallion owners are facing the same issues of “underwater” medallions due to competition with Uber and Lyft, with its own unique local angle.  It’s far from a San Francisco treat for medallion owners.