Operating a vehicle impaired (OVI), driving under the influence (DUI), and driving while intoxicated (DWI) are all offenses relating to driving while under the influence of either alcohol or drugs. The state of Ohio does not use DUI or DWI acronyms. It now uses the OVI acronym in all cases of drug and alcohol impairment while operating any vehicle, including non-motorized ones. DUI and DWI: Alike But Different A DUI can refer to the use of alcohol, drugs, or both. A DWI refers only to the use of alcohol. In the states that have DUI and DWI, the difference between the two charges may be more than just the method of impairment. In jurisdictions that have both DUI and DWI, the degree of impairment plays a role in the charge. DUI is a lesser charge, while the DWI is used in cases where there was a higher degree of impairment. Because the state of Ohio does not have DUI or DWI, all charges of this type are labeled as OVI. The OVI Penalties in Ohio The penalties for OVI in Ohio can vary, with the severity of the punishment increasing after each progressive offense. First OVI: In the first OVI, jail time can range from a minimum of three days to a maximum of six months. The fines and penalties range from $375 up to $1,000. The suspension of driving privileges ranges from six months to three years. Second OVI in six years: In a second OVI, jail time can range from a minimum of 10 days to a maximum of six months. The fines and penalties range from $525 to $1,625. Driver’s license suspension ranges from a minimum of 1 year to a maximum of 5 years. An Ignition Interlock Device must be installed on the driver’s vehicle before they may drive again. Third OVI in six years: In a third OVI, jail time can range from 30 days to 1 year. The fines and penalties range from $850 to $2,750. Driver’s license suspension ranges from two to 10 years. An Ignition Interlock Device must be installed on the driver’s vehicle before they may drive again. Fourth or fifth OVI in six years or sixth OVI in 20 years: Jail time ranges from 60 days up to 1 year. Fines and penalties range from $1,350 to $10,500. Driver’s license suspension lasts for a minimum of 3 years, and could be permanent. If driving privileges are allowed again, an Ignition Interlock Device must be installed on the driver’s vehicle before they may drive again. These are the basics, but your fine and jail time could drastically change if you tested well above the legal limit. The Lookback Period The lookback period is the period of time that the state of Ohio looks at previous OV Is. That lookback period is six years. This means that any OV Is in the past six years are included when the sentencing is done. Because OV Is are relevant for sentencing purposes for such a long period in Ohio, it is essential that people facing these charges for a second time or more get experienced legal help right away. Even people facing their first and only OVI have a tough road ahead of them if they don’t have legal help. Chris Wesner has been a practicing member of the Ohio bar since 2007. He can guide you through the court process as efficiently as possible, so that the charges will have the least impact upon your life possible. Contact us today for a free consultation. The post Difference Between OVI, DUI, and DWI and the Penalties appeared first on Chris Wesner Law Office.

No one wants to be the one to have to file for bankruptcy, but filings are actually fairly common. Last year 884,956 American households filed for bankruptcy. Yet, like many unpleasant and scary procedures, bankruptcy’s reputation is based on a few tidbits of truth combined with a lot of embellishment. Falsehoods about filing are rampant, from the people who file to the implications for those who proceed. Truth be told, bankruptcy is not nearly as frightening once you understand it and today we’re shedding some light on the 9 biggest bankruptcy myths. 1) Married Couples Will Both Have To File Assuming you and your spouse both need to file for bankruptcy is assuming you both share the liability for the debt. It’s not unusual for one spouse to have a significant amount of debt solely in their name. In these cases it’s best to file for bankruptcy alone. However, if debt is shared between spouses then both should file. If both spouses are liable for debt and only one spouse files, then creditors can demand payment in full from the spouse that didn’t file. 2) Bankruptcy Permanently Kills Your Credit Under no circumstances will a bankruptcy completely terminate your credit. Sure you can expect limited access to credit and for the seven to 10 years that a bankruptcy remains on your report, but the effects are not permanent. In fact, you’re likely to receive credit card offers within weeks of your debt discharge. Granted, those cards will be secured cards with a low limit. It’s astonishing how quickly credit scores can recover from bankruptcy. A report from the Federal Reserve Bank of Philadelphia revealed that those who file for Chapter 7 bankruptcy in 2010 had an average credit score of 538.2 on the Equifax scale of 280 to 850. In the six to eight months it took for bankruptcies to be finalized, scores jumped up to an average of 620. Your credit will be far from doomed should you file for bankruptcy. 3) If You Recklessly Spend Right Before Bankruptcy You Won’t Have To Pay That Money Back Being that credit card debt is dissolved in Chapter 7 bankruptcy, in theory you should be able to embark on a spending spree ahead of time and have all of the debt removed in court…right? This is a common misconception some people fall believe. Courts have ruled that racking up charges ahead of a bankruptcy filing is considered fraud. Moreover, debt that is incurred as a result of fraud is not discharged. Unfortunately, bankruptcy won’t afford you a debt free shopping spree. 4) Bankruptcy Discharges All Debt Many file for bankruptcy hoping for a clean slate and fresh start, which isn’t quite the case. Chapter 7 bankruptcy will discharge most unsecured debts such as personal loans, utility bills, credit card charges, medical bills, and back rent. Chapter 7 can even relieve you of secured debts under certain circumstances, but not all debt can be discharged in bankruptcy. Debt arising from child support and spousal support cannot be removed under any circumstances. Similarly, as a result of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, student loan debt is also undissolvable along with most tax debts. 5) Bankruptcy Filers Are Financially Irresponsible It’s easy to wave off bankruptcy filers as reckless spenders who don’t understand how to manage their own finances, but more often than not, bankruptcy is not the result of a personal failing. In fact, the three major causes of bankruptcy are divorce, severe illness, and job loss. Many avoid bankruptcy fearing it as an admission of failure or character flaws. However, bankruptcy is a financial remedy that is available all US citizens for a reason. Long-term unemployment, the legal fees, and support costs associated with divorce, and the high cost of medical care have driven many well-intentioned Americans into bankruptcy. From 2013 to 2016 the average long-term unemployment rate hovered at 1.84%, leaving 2.8 million Americans out of work for six months or more at a time. Furthermore, the cost of medical deductibles has grown seven times faster than wages. Hence, bankruptcies are likely the result of stagnant wages and an unhealthy economy rather than poor financial management. 6) You’ll Lose Everything In Bankruptcy If you file for bankruptcy you can rest assured knowing you won’t be left out on the street with nothing to your name other than your underwear. Most property in a bankruptcy filing is exempt and debtors rarely lose anything at all. Assets considered exempt vary from state to state, but your house, vehicles, and clothes are safe. Even the items that aren’t exempt creditors often don’t want. Your flat screen T Vs and smartwatches are worthless to a creditor. Many assets either have little intrinsic value or are overly encumbered with debt. 7) You’ll Lose Nothing In Bankruptcy Conversely, there’s the myth that attorneys hold more power than they really have. Some people make the mistake of believing that an attorney can shield all of their assets, from the yacht to the mansion. In reality, you’ll lose a fair amount of things in a Chapter 7 bankruptcy. Property that isn’t protected by an exemption is at risk and unnecessary luxury goods that are completely paid off can be sold with the proceeds applied to the debt. Sure, you’ll hear stories about the lucky filers who managed to keep their mansions and boats within their possession, but chances are they didn’t fully own the property. Assets that are leased, rented, or heavily leveraged cannot be used by creditors. 8) It’s Hard To File For Bankruptcy It’s actually quite the opposite. Technically speaking, you don’t even need an attorney to file for bankruptcy. You can fill and file all of the paperwork yourself. However, it’s not recommended you file without legal aid. There are a few components to filing a bankruptcy that you could unknowingly mess up. You could file under the wrong chapter, incorrectly cite property exemptions, or even fail to adequately defend against an action seeking to deny discharge. In many cases people file for bankruptcy completely unaware that there are other alternatives available to them that may be a better fit for their situation. In any case, it’s best to consult with an attorney first to discuss your options. 9) You Can Only File For Bankruptcy Once There’s always the chance you may find yourself in a financial rut more than once in your lifetime. Luckily, you can file for bankruptcy more than once should you need to. You can file for Chapter 7 bankruptcy once every eight years. Chapter 13 reorganizations can be filed once every two years, but because it typically takes three to five years to complete a Chapter 13 repayment plan, you can normally file for a new Chapter 13 immediately after your previous reorganization ends. Nonetheless, just because you can file for another bankruptcy doesn’t mean you should. Multiple bankruptcies do not look good and can deteriorate your credit rating. It’s best to only file for an additional bankruptcy if it’s absolutely necessary. The post The Top 9 Bankruptcy Myths appeared first on Chris Wesner Law Office.

Chapter 7 Bankruptcy: Best Plan or Best Guess? Donnell’s Chapter 7 bankruptcy got discharged this month. We have about 30 to 40 bankruptcies discharged—that means approved and done—every month. But Donnell’s was special. He explained why, when he wrote me one of our best reviews ever. You can read it here.   Donnell says he […]The post Bankruptcy: Best Plan or Best Guess? by Robert Weed appeared first on Robert Weed.

The New Agreement Getting paid as a chapter 13 debtor’s attorney has always proven somewhat difficult. Not the least of which is that the debtor typically must make chapter 13 plan payments from which counsel can be paid. Add on top of that the fee application, the fee order and the presentment been before the+ Read More The post New Court Approved Retention Agreement For Chapter 13 Cases Arrives Suddenly appeared first on David M. Siegel.

  The 11th Circuit upheld sanctions against the Florida Department of Revenue for garnishing a chapter 13 debtor's travel reimbursement check post-confirmation to collect child support. In re Gonzalez, No. 15-14804, 2016 WL 4245422, at *1 (11th Cir. Aug. 11, 2016). The amended plan as confirmed provided for the $2,400 claim filed by the Florida Dept. of Revenue for past due child support, and direct payment of on-going child support.  Subsequent to confirmation, the Florida Dept. of Revenue intercepted a $4,700 check for reimbursement of Debtor's travel expenses, thereby preventing Debtor from paying his government issued credit card and putting him at risk for suspension from work.  Debtor's counsel filed a motion to hold the Dept. of Revenue in contempt.  At the hearing the Department agreed to release the funds, and cease further collection efforts, but did not concede that the actions constituted a violation of the automatic stay or violation of the confirmed plan.  The Bankruptcy Court for the Southern District of Florida found that the Dept. of Revenue actions violated the confirmed plan and awarded fees to Debtor's counsel.  The Department appealed, and the ruling was affirmed by the District Court.  A subsequent appeal was taken to the 11th Circuit.  At the circuit court level, the Dept. of Revenue argued that 11 U.S.C. 362(b)(2)(C) permits withholding of income that is property of the estate or property of the debtor for payment of a domestic suppport obligation under a judgicial or administrative order or statute.  It further argued that the legislative history showed four objectives in the BAPCPA amendments regarding Domestic support obligations: 1) that the courts should interfere as little as possible with the establishment and collection of ongoing support; 2) that the Bankruptcy Code should provide a broad and comprehensive definition of support which should then receive favored treatment in bankruptcy; 3) that the bankruptcy process should insure continued payment of support and arrearages with minimal participation by the creditors; and 4) that the bankruptcy process be structured so as to permit the debtor to liquidate nondischargeable debt to the greatest extent possible and emerge from the process with the freshest start possible.  The 11th Circuit focused on 11 U.S.C. 1327(a) providing that the terms of a confirmed plan bind the debtor and each creditor.  No exception is provided in §1327(a) for domestic support obligations.     Although the DOR makes a strong legislative-intent argument for DSO creditors to collect post-petition—something clearly authorized by § 362(b)(2)(C)—it falls short of demonstrating that Congress intended the exception for the automatic stay to similarly apply following the confirmation of a plan. Rather, the Congressional Record only indicates that Congress sought to enable a DSO creditor to reach assets of the estate post-petition without having to seek relief from stay because “a support creditor had no way of obtaining either on-going support or prepetition support arrearages.”In re Gonzalez, No. 15-14804, 2016 WL 4245422, at *4 (11th Cir. Aug. 11, 2016).  This concern does not exist post-confirmation, since the Code requires domestic support oblgations to be paid in full through any confirmed plan.    The court also reaffirmed the pre-BAPCPA case of In re Rodriguez, 367 F. App'x 25, 26 (11th Cir. 2010) affirming an award of fees against the Department of Revenue for collection of domestic support obligations after confirmation of a confirmed plan.  This despite the fact that the conduct was not a violation of the automatic stay.  Rodriguez in turn relied on the case   In re Gellington, 363 B.R. 497 (Bankr. N.D. Tex. 2007).  In this case the court found the Texas Child support division violated the confirmed plan since the plan binds all creditors because “an order confirming a Chapter 13 plan is res judicata regarding all issues that could have been decided at the confirmation hearing.  Because the debtor's plan in Gellington did not have any provision permitting the CSD to garnish the debtor's wages, the bankruptcy court found the CSD's collection efforts in violation of the plan.A plain reading of § 1327(a) makes clear that the binding effect of a confirmed plan encompasses all issues that could have been litigated in Gonzalez's case—including whether the DOR could intercept Gonzalez's reimbursement payment. Accordingly, because Gonzalez's plan fell silent on the issue of whether the DOR could intercept Gonzalez's reimbursement payment, the DOR was prohibited from taking such action.In re Gonzalez, No. 15-14804, 2016 WL 4245422, at *6 (11th Cir. Aug. 11, 2016)Michael Barnett www.tampabankruptcy.com

  Nature Of The Debtor This is the chapter 7 bankruptcy case study for Mrs. C., who resides in Wheeling, Illinois. She has come to the office with the simple thought in mind to eliminate her outstanding credit card debt and medical debt. She has been struggling for approximately three years. Although she has been+ Read More The post Case Study For Mrs. C. From Wheeling, Illinois appeared first on David M. Siegel.

When someone is looking to file chapter 13 bankruptcy, they obviously want to pay back as little as possible. They also want to gain the greatest amount of relief during the process. There are a number of factors that go into determining whether or not the monthly payment is going to be high, low, or+ Read More The post Paying Back As Little As Possible Under Chapter 13 appeared first on David M. Siegel.

Why Filing Bankruptcy Stops Payroll Garnishment: Virginia Law, Virginia Form I’m surprised a couple times each month by Virginia employers who don’t know that bankrutpcy stops payroll garnishment. Some employers think they need to keep on garnishing, until they get an order from a judge saying to stop. But if the read the Garnishee’s Answer Form, […]The post Why Filing Bankruptcy Stops Payroll Garnishment: Virginia Law by Robert Weed appeared first on Robert Weed.

Here at Shenwick & Associates, we've written extensively about the "means test," which is a complex series of calculations based on household size and income to determine if a debtor is eligible to file for Chapter 7 bankruptcy. However, the means test only applies to individuals whose debts are primarily "consumer debts," as opposed to business debts, pursuant to § 707 of the Bankruptcy Code. Congress did not define the word "primarily," but most courts have defined the word to mean more than half. If more than 50% of the debtor's debts are non-consumer debts or business debts, the debtor is automatically eligible to file for Chapter 7 bankruptcy without doing the means test, and the presumption of abuse does not apply.What are consumer debts? Section 101(8) of the Bankruptcy Code defines a consumer debt as "debt incurred by an individual primarily for a personal, family, or household purpose." Many bankruptcy courts have developed a "profit motive" test. If the debt was incurred with an eye towards making a profit, then the debt should be classified as business debt. Accordingly, a mortgage on an individual's home would be considered consumer debt; however, if a vacation home were purchased for investment purposes and rented out, then the mortgage would qualify as business debt. If an individual uses credit cards for consumer purchases, then those debts are consumer debts; however, if an individual used the credit card for business purposes, then in all likelihood that debt would be deemed business debt. If an individual guaranteed a debt for a business obligation, that personal guaranty would be deemed business debt, as would the investment losses.According to the Office of the United States Trustee's position on legal issues arising under the means test regarding a declaration of non–consumer debts: Less than 50% of total scheduled debt was incurred for personal, household or family purposes.Purpose of debt is judged at the time the debt was incurred.  Home mortgages are typically consumer debt.Most tax debts are not typically consumer debt.  However, with respect to tax debts, a number of bankruptcy courts outside the Second Circuit have held that those debts are business debts. See In re Brashers, 216 B.R. 59 (Bankr. N.D. Okla. 1998), which holds that the debtor's income tax obligations do not constitute consumer debt; see alsoInternal Revenue Service v. Westberry (In re Westberry), 215 F.3d 589 (6th Cir. 2000), which also holds that taxes are not consumer debt. Many subsequent courts examining this issue have followed the Westberry analysis.For all of your questions regarding debts, whether they be credit card, medical, consumer, business, taxes, secured or unsecured, please contact Jim Shenwick.

Written by Amy Weston, Paralegal and Salene Mazur Kraemer, Esquire         Fear of the unknown.  The Ch. 11 process is unknown to many.  C-level executives dread  discussions about bankruptcy options.  We just recently filed a new Chapter 11 case and thought we would write a series of posts on basic Ch. 11 procedural matters so as to demystify the process.       Filing Chapter 11 (reorganization/restructuring) is a powerful tool that can be invoked by businesses and certain individuals pursuant to Title 11  of the United States Code (aka the “Bankruptcy Code”).   As a practitioner,  I am privileged to be able to  facilitate such restructurings.  Here is the first post in this series on Ch. 11 basics. ***            The administrative burden of filing a case can be heavy.  Often, a paralegal is running the “paper pushing” ship just before and shortly after a case is filed.   Information gathering.  Data compilation.  Report generation.  A debtor’s bookkeeper, accountant and/or CFO all work with Debtor’s counsel and paralegal staff to gather  necessary documentation and to fulfill requirements imposed by the Court and the United States Trustee (appointed by Department of Justice).  Each office has very specific document requests, rules and procedures.           In furtherance of a U.S. Trustee’s monitoring responsibilities, here is a list of what the U.S. Trustee wants prior to the Initial Debtor Interview.  Most of the documentation requested is straightforward and anticipated: Bank account statements. Latest filed Federal Tax Returns or copy of extension to file. Financial statements. Payroll detail. Rent roll. Accounts receivable detail. Recently filed sales tax Recently filed payroll returns. Detail of intercompany transactions. Accounts payable detail. Check register for last 60 days. Filed Scheduled and Petition Other requirements are not as obvious. Two that specifically need explanation are: Proof of establishment of Debtor-In-Possession account(s) Proof of insurance indicating that the Office of the U.S. Trustee is an additional certificate holder. DIP Accounts          Once a debtor has filed a bankruptcy petition, it must close existing bank accounts and open new accounts which identify the debtor as a debtor in possession (“DIP”). All money from the bankruptcy “estate” (i.e. anything the debtor owns) must be put into these accounts.  The title of “Debtor in Possession” must be printed on the checks along with the bankruptcy case number.  The Bank will not issue a debit card for a DIP account.         While this seems complicated at first, the good news is that this is standard procedure. So, any bank should be familiar with this request.  However, a debtor cannot go to just “any” bank. The U.S. Trustee’s Office will only accept DIP accounts from approved depositories.  A current list of such institutions is available through the U. S. Bankruptcy Court in the district where the bankruptcy was filed.  Approved Banks DIP               Within 15 days of receipt from the bank, a debtor must serve copies of monthly bank statements upon all creditors and interested parties, together with a monthly operating report (MOR) of gross receipts and disbursements.  Both the monthly operating report (MOR) and DIP bank statements are publicly filed on a debtor’s docket. Proof of Insurance           A debtor must maintain all insurance coverage during the bankruptcy process.   This includes: general comprehensive liability; property loss from fire, theft or water; vehicle; workers’ compensation; and any other coverage that would be customary in line with the debtor’s business.            In addition to maintenance, a debtor must list the Office of the U.S. Trustee listed as an additional certificate holder and provide proof of such.  The documentation of proof must include the type and extent of coverage, effective dates, and insurance carrier information.  In order to fulfill the Trustee’s requirements, the debtor will usually have to provide proof of the request.   The proof of insurance and additional certificate holder requirement is standard, so the insurance company should not have any trouble fulfilling a debtor’s request.           Please TAKE NOTE that a debtor’s failure to comply could result in DISMISSAL of the case or conversion to a Chapter 7. If the case is a designated as a small business case or as a subchapter V small business case, there are additional  requirements. This post does not constitute legal advice.  Consult an attorney about your specific case.