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Dayton, OH Bankruptcy FAQs

• Where do I file for bankruptcy in Dayton, Ohio?

  Dayton residents can file their bankruptcy petitions with the U.S. Bankruptcy Court for the Southern District of Ohio located at 120 West Third St., Dayton, OH 45402.

• Where can I get bankruptcy forms in Dayton, Ohio?

  Dayton residents can download bankruptcy forms from: https://www.ohsb.uscourts.gov/rules-and-forms.

• What assets are exempted from being taken if you file for bankruptcy in Dayton?

  The state provides a lot of exemptions for bankruptcy petitioners in Dayton, including the following:

  • Homestead – Your primary residence
  • Wages – Up to 75% of your earnings
  • Personal property – Some cash, household goods, one vehicle up to a certain value
  • Pensions and benefits – Workers’ compensation and disability benefits, IRAs, 401(k), and 403(b)
  • Support – Child and spousal support payments you receive
  • Tools of your trade – Books and tools that allow you to keep working or your business operational

• Will creditors still contact you while your bankruptcy case is ongoing in Dayton?

  No, you get a court-ordered “automatic stay” once you file for bankruptcy in Dayton, and the automatic stay prohibits creditors from contacting you, as well as halts collection efforts, including foreclosures, repossessions, and wage garnishments. The stay also stops lawsuits filed by a creditor and prevents creditors from starting a new lawsuit against you. The automatic stay lasts throughout your bankruptcy case.

• Which bankruptcy chapter should you file to help with medical and credit card bills in Dayton?

  Chapter 7 will discharge most, if not all, of your credit card and medical bills in Dayton, freeing you from having to pay them. However, if your means test result shows you are not qualified for Chapter 7, Chapter 13 will still be able to help with these unsecured debts. You will have to pay for the debt but only a portion of it. The remaining credit card and medical debts after undergoing Chapter 13 will be discharged.

• Can you file for bankruptcy again in Dayton?

  You can file for bankruptcy again, but there will be a waiting period between filings in Dayton. Periods for a previous Chapter 7:

  • 8 years before filing for another Chapter 7
  • Can immediately file for Chapter 13 but your debts will not get discharged
  • 4 years before filing for a Chapter 13 to get debt discharge Periods for a previous Chapter 13:
  • 6 years before filing a Chapter 7
  • 2 years before filing for another Chapter 13

• Where should Dayton residents file their bankruptcy petitions?

  Bankruptcies in Dayton are under the U.S. Bankruptcy Court - Southern District of Ohio, so your bankruptcy petition should be filed with the court’s Dayton Divisional Office located at 120 West Third Street. Make sure your petition is complete and correct to avoid delays by working with a local bankruptcy attorney.