Shur Law https://shurlaw.com Family, Estate, and Bankruptcy Lawyers Thu, 12 Feb 2026 05:13:51 +0000 en-US hourly 1 https://wordpress.org/?v=6.9.1 https://shurlaw.com/wp-content/uploads/2023/07/favicon-150x150.png Shur Law https://shurlaw.com 32 32 Contested vs. Uncontested Divorce: Key Differences and What to Expect https://shurlaw.com/contested-vs-uncontested-divorce-key-differences-and-what-to-expect/?utm_source=rss&utm_medium=rss&utm_campaign=contested-vs-uncontested-divorce-key-differences-and-what-to-expect Thu, 12 Feb 2026 05:11:04 +0000 https://shurlaw.com/?p=4497 Divorce is never just paperwork. It’s emotional and messy and usually arrives at a moment when you’re already stretched thin.

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Divorce is never just paperwork. It’s emotional and messy and usually arrives at a moment when you’re already stretched thin. One of the first things people learn, sometimes the hard way, is that not all divorces work the same way.

If you’re searching for a lawyer in Cincinnati Ohio, you’ve probably come across the terms “contested” and “uncontested divorce.” They sound simple. They aren’t always.

Let’s break this down in simple words. No legal fluff. No scare tactics. Just what actually matters, what to expect, and when you really need a divorce attorney Cincinnati, Ohio residents trust to step in.

What Is an Uncontested Divorce?

An uncontested divorce means both spouses agree on the major issues before stepping into court.

That usually includes:

  • Property and debt division
  • Child custody and parenting time
  • Child support
  • Spousal support (or agreeing that there won’t be any)

In case you are in agreement or at least in proximity with your spouse, such a divorce proceeds at a quicker pace and is cheaper.

However, this is where the other side of the coin is missing, whereby saying yes today does not warrant a yes tomorrow. Paperwork is important even in cases that are not contested. An indistinct protocol may lead to actual troubles in the future.

This is where a seasoned lawyer in Cincinnati, Ohio, earns their keep. Someone still has to make sure your rights aren’t quietly slipping through the cracks.

When Uncontested Divorce Works Best

Uncontested divorce tends to work best when:

  • There’s mutual respect, even if the relationship is over
  • Assets are straightforward
  • No one is hiding income or property
  • Both parties are committed to resolving things peacefully

If that sounds like your situation, you’re already ahead of the curve.

Still, many people choose to have a divorce attorney in Cincinnati, Ohio, and couples rely on reviews of their agreement before filing.  It’s not about starting a fight. It’s about finishing clean.

This is exactly the kind of situation where the team at Shur Law often helps clients quietly, efficiently, and without turning a calm situation into a war zone.

What Is a Contested Divorce?

A contested divorce means there is disagreement on one or more major issues. Sometimes it’s everything. Sometimes it’s just one sticking point that refuses to budge.

Common reasons divorces become contested:

  • Child custody disputes
  • Disagreements over spousal support
  • Business ownership or complex assets
  • One spouse refusing to cooperate
  • Trust issues around money

Once a divorce becomes contested, timelines stretch. Costs increase. Stress goes up. There’s no sugar-coating that.

This is not the time for guesswork or Google law. A skilled lawyer in Cincinnati Ohio becomes essential, not optional.

What to Expect During a Contested Divorce

A contested divorce usually involves:

  • Formal discovery (financial records, depositions)
  • Court hearings
  • Negotiations between attorneys
  • Possibly mediation
  • And sometimes, trial

A contested divorce isn’t about “winning.” It’s about protecting your future, especially if kids, property, or long-term finances are on the line.

A strong divorce attorney Cincinnati, Ohio, residents trust will help you focus on outcomes, not ego.

Cost Differences: Contested vs. Uncontested Divorce

Uncontested divorces generally cost less because:

  • Fewer court appearances
  • Minimal litigation
  • Shorter timelines

Contested divorces cost more because:

  • Attorney hours add up
  • Court involvement increases
  • Disputes take time to resolve

But cheap isn’t always smart. A poorly handled, uncontested divorce can cost far more later when agreements fall apart.

This is why working with an experienced lawyer in Cincinnati, Ohio, even early on, often saves money long-term.

Timeframe: How Long Will It Take?

The waiting period is mandatory in Ohio, but after that, it all depends on the timelines.

  • Uncontested divorce: It is often settled in a number of months.
  • Contested divorce: It may last a few months or more than a year.

Unresolved conflicts or non-cooperative behavior normally cause delays.

A definite plan at the very beginning, with the help of a good divorce lawyer in Cincinnati, Ohio, whom the family trusts, can eliminate needless delays.

How Children Change the Equation

When children are concerned, it gets even heavier.

Uncontested divorces still may turn into contested ones when the question of custody and parenting schedules is raised. Emotions run high. Priorities clash.

Courts are concerned with the best interests of the child and not what will feel right to either parent.

This is where a qualified Cincinnati, Ohio, lawyer comes in, not to stir up conflict, but to ensure that your voice is heard in a responsible and clear way.

In case children are at risk and you are in a dilemma on how to handle it, the legal team at Shur Law can assist you in knowing what to do before it is too late.

Do you think a divorce can be transformed into a contested one?

Short answer: yes.

It occurs not as infrequently as some would think.

One disagreement. One financial surprise. One refusal to compromise. All of a sudden, it becomes complicated what appeared to be simple.

This is why it is prudent to hire a divorce attorney with whom the Cincinnati, Ohio, residents have a working relationship, even though the case at the moment appears cordial.

Choosing the Right Lawyer in Cincinnati Ohio

Not every divorce lawyer is the same. Some push conflict. Others avoid hard conversations. Neither approach helps.

You want a lawyer in Cincinnati Ohio who:

  • Explains things clearly
  • Doesn’t over-promise
  • Understands when to compromise and when to be adamant.
  • Always remember your long-term interests.
  • Such a balance is more important than flashy advertisements or legal jargon.

Conclusions

It does not matter what kind of divorce is better, only what is suitable in your circumstances.

An uncontested divorce might be the way to go if you and your spouse can cooperate in the process of the divorce. Otherwise, a disputed divorce can be inevitable, and so is all right, either.

Blindly going through it is not the most important.

A trusted divorce attorney in Cincinnati, Ohio, whom families rely on, can help you move forward with clarity, not fear.

Ready to Talk? Let’s Be Direct.

If you’re considering divorce or already in the middle of one, getting real legal guidance early makes a difference.

The team at Shur Law understands what’s at stake and doesn’t waste your time or money.

Schedule a confidential consultation today.

Frequently Asked Questions

1. Do I really need a lawyer for an uncontested divorce?

Legally, no. Practically, yes. A lawyer in Cincinnati Ohio helps ensure agreements are enforceable and fair. Many people regret skipping legal review when issues pop up later.

2. Can we switch from contested to uncontested divorce?

Yes, in case both spouses come to a common understanding of all matters. A divorce lawyer in Cincinnati, Ohio, could negotiate and bring things on track and minimize the court intervention.

3. Do I know whether my divorce is going to be contested?

When there is a dispute concerning money, custody, and support, it is likely to be disputed. Even minor unresolved problems may grow out of proportion. Communicating with a lawyer in Cincinnati, Ohio, earlier makes expectations realistic.

4. What if my spouse already hired a lawyer?

Then you should too. Having your own divorce attorney Cincinnati Ohio ensures your interests are represented and you’re not navigating legal decisions alone.

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Top Questions to Ask Kenton County Divorce Lawyers Before Hiring https://shurlaw.com/top-questions-to-ask-kenton-county-divorce-lawyers-before-hiring/?utm_source=rss&utm_medium=rss&utm_campaign=top-questions-to-ask-kenton-county-divorce-lawyers-before-hiring Wed, 11 Feb 2026 11:19:20 +0000 https://shurlaw.com/?p=4449 Hiring a divorce lawyer is one of those things you don’t ever think you’ll need until suddenly, you do. And

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Hiring a divorce lawyer is one of those things you don’t ever think you’ll need until suddenly, you do. And once you’re in that spot, it’s overwhelming. It’s emotional. And honestly, it’s a lot to deal with when your life already feels upside down. Divorce isn’t just paperwork. It’s your money, your kids, your house, and your future peace of mind, all wrapped together.

That’s why choosing the right attorney isn’t something you rush. Not in Kenton County. Not anywhere. A good lawyer can protect you. A bad one… well, you’ll feel that mistake for years. So the smart move is simple: ask better questions before you hire.

Most people freeze in consultations. They say things like, “How much do you charge?” and “How long will this take?” Sure, those matter. But they don’t tell you if the lawyer can actually fight for you.

Below is a breakdown of the top questions you must ask Kenton County divorce lawyers, along with why each question matters more than people think.

Also, if your case overlaps with aging parents, property issues, Medicaid planning, or guardianship matters, you may want to involve an elder law attorney in Florence, KY. Believe it or not, divorce and elder law collide way more than most people expect.

Let’s get into it.

1. “How much experience do you have with cases like mine?”

Everyone claims to be “experienced.” Everyone. But divorce cases vary wildly: kids, no kids, business ownership, retirement accounts, messy finances, or calm and clean splits.

A lawyer who handled 200 simple divorces isn’t necessarily the lawyer you want if your spouse owns a company or if you’re fighting for custody.

Ask for specifics. Ask for types of cases, not just numbers.
If a lawyer knows the Kenton County court system, the judges, and how certain situations tend to play out here… that’s gold.

And don’t be shy. You’re paying them.

2. “Who will actually handle my case?”

Some firms hand you off to whoever is available. Sometimes that’s fine. Sometimes it’s a disaster.

You need to know:

  • Will you deal with the attorney or their paralegal most of the time?
  • How fast do they typically respond?
  • How involved will they be personally?

If a lawyer keeps dodging this question, that’s a red flag.
You don’t want to be surprised later when you’re suddenly working with someone you never met

3. “What’s your honest opinion about my case?”

This one takes guts to ask. But do it.
You want honesty, not sugarcoating.

A good divorce lawyer will give you a realistic picture, even if it’s uncomfortable. Maybe the judge rarely awards full custody in cases like yours. Maybe your retirement account is going to be split even if you hate that idea. Maybe the timeline won’t be quick.

A great lawyer doesn’t just tell you what you want to hear; they tell you what you need to hear so you aren’t blindsided later.

4. “How do you communicate throughout the case?”

Communication is everything. Divorce cases stretch out. People panic at 2 AM. Kids get sick. Spouses pull sudden moves.

So you need to ask:

  • Do they email?
  • Do they call?
  • Do they text?
  • How long is a normal wait before a reply?
  • Is there an emergency plan?

A lawyer who disappears for weeks is the last thing you need when your life is already unstable.

Want a legal team that keeps you informed, not in the dark?

5. “What potential obstacles do you see?”

A lot of people assume their divorce will be simple… until it’s not.
If the lawyer can spot problems early, hidden assets, contested custody, aggressive spouses, or financial complications, you’ll be better prepared.

This also shows how knowledgeable they are. If they shrug and say, “We’ll see,” that’s a concern. An experienced attorney can predict patterns before they hit.

6. “How do you charge for your services?

  • Money matters. There’s no point pretending otherwise.
    Ask about:

    • Hourly rates
    • Retainers
    • Possible extra costs
    • Whether they bill for every small call or email
    • Payment plan options
    You shouldn’t be scared to bring this up. Divorce is hard enough without surprise invoices.
    Transparent billing = less stress.

 

7. “Do you have experience with cases involving elderly parents or shared assets with family?”

This is where divorce meets elder law, something most people never see coming.

If you’re caring for aging parents…
If your spouse is on the deed of your parents’ home…
If you’re dealing with Medicaid planning…
Or you’re protecting your parents’ assets during a divorce…

You might actually need input from an elder law attorney in Florence, KY, too.
Elder law attorneys understand things like:

  • guardianship
  • Medicaid eligibility
  • long-term care planning
  • protecting elderly parents’ property during a divorce

It’s better to figure this out early rather than mid-case when things get messy.

8. “What’s your strategy for my case?”

A strong lawyer has a plan or at least a direction.
You don’t need every detail upfront, but you need some idea of how they think:

  • Are they settlement-focused?
  • Do they push for mediation first?
  • Will they go to trial if necessary?

Your lawyer’s strategy should match your comfort level. If you want peace and they want war… that won’t work.
If you want to fight and they prefer easy settlements… also not a match.

9. “How do you handle difficult spouses?”

Some divorces are smooth. Others… not so much.
If your spouse is stubborn, controlling, or the kind who loves drama, your attorney better know how to deal with that type.

Good Kenton County divorce lawyers have seen every personality: manipulator, narcissist, avoider, guilt-tripper, and the whole list.
Ask them how they handle those challenges.
Their answer will tell you a lot

10. “What are the worst-case and best-case scenarios?”

People love optimism… but divorce court doesn’t care about optimism.
You need the real picture.
A lawyer who refuses to talk about the “worst case” is avoiding an honest conversation.

You can’t protect yourself without knowing what you’re protecting yourself from.

Why These Questions Matter More Than You Think

Divorce isn’t just legal.
It’s emotional.
It’s financial.
It’s your life splitting into two separate paths.

The right lawyer can reduce stress, protect your rights, and help you breathe again. The wrong one will drag you deeper into chaos.

And if elderly family members, shared properties, or long-term care issues overlap with your divorce?
That’s when you absolutely need both a divorce lawyer and possibly an elder law attorney in Florence, KY, to safeguard everything correctly.

You’re building the next chapter of your life.
You want to build it on solid ground.

Final Thoughts: Don’t Rush Your Decision

There are individuals who employ the first attorney they meet.
Don’t do that.
Test them using that consultation. Ask questions. Watch how they react.

Hard questions will not bother a strong, seasoned lawyer. They’ll welcome them.

Select the attorney who makes you feel knowledgeable, ready, and safe, rather than feeling coerced.

Shur Law is who you should contact in order to get straight answers, a genuine strategy, and a legal team that really listens. You need to find the right Kenton County divorce attorneys you can trust, or you need to be directed by an elder law attorney in Florence, KY. Our team will be glad to assist you in taking the next step.

 

Start with the consultation.
Your future should have the right backing; do not compromise.

FAQs

1. How do I know whether I should hire a divorce attorney?

Search for transparency, effective communication, case experience, and a plan that fits your intentions. When something does not seem right, follow your gut feeling.

2. What shall I carry on my initial visit to a Los Angeles divorce attorney?

Arrive with financial paperwork, records of marriage, inquiries, and concerns that you might have. The more information they have, the faster they will assist.

3. Is it possible to have a divorce attorney to assist in case my spouse has hidden assets?

Yes. Seasoned lawyers are familiar with the indicators, and they can engage the financial specialists to find concealed income or assets.

4. In which cases will I also need to hire an elder law lawyer in Florence, KY?

Whenever your divorce touches on any of the following: elderly parents, shared family property, Medicaid planning, or guardianship.

5. What is the average duration of a divorce in the county of Kenton?

It varies. Cases that are not complicated can be resolved quickly. Difficult spouses, disputed property, and complicated ones are more time-consuming. A lawyer of the good kind will tell you what timeframe to expect depending on your case.

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Bankruptcy Attorney in Louisville https://shurlaw.com/bankruptcy-attorney-in-louisville/?utm_source=rss&utm_medium=rss&utm_campaign=bankruptcy-attorney-in-louisville Mon, 11 Sep 2023 13:40:38 +0000 https://shurlaw.com/?p=2139 Navigating Financial Challenges: Finding a Bankruptcy Attorney in Louisville, KY In today’s uncertain economic climate, many individuals and businesses in

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Navigating Financial Challenges: Finding a Bankruptcy Attorney in Louisville, KY

In today's uncertain economic climate, many individuals and businesses in Louisville, Kentucky, find themselves facing overwhelming financial challenges. If you're one of them, you might be considering bankruptcy to regain control of your financial future. Seeking the guidance and support of a knowledgeable bankruptcy attorney in Louisville, KY, is essential to make informed decisions and navigate the complex legal process successfully. This article will provide you with valuable insights into finding the right bankruptcy attorney to help you achieve a fresh start.

Why Consider Bankruptcy in Louisville, KY?

  • Debt Relief: Filing for bankruptcy can provide immediate relief from unmanageable debt, allowing you to start anew financially.
  • Legal Protection: Bankruptcy offers legal protection against creditor harassment, wage garnishments, and asset seizures, giving you peace of mind during the process.
  • Fresh Start: Bankruptcy can provide a fresh start, allowing you to rebuild your credit and financial stability over time.

Bankruptcy Chapters: Which One Is Right for You?

  • Chapter 7: Often referred to as "liquidation bankruptcy," Chapter 7 allows for the discharge of unsecured debts, such as credit card bills and medical expenses, typically within a few months.
  • Chapter 13: This chapter involves creating a manageable repayment plan over three to five years, enabling you to retain assets like your home while gradually paying off debts.

Why Choose a Bankruptcy Attorney in Louisville, KY?

  1. Local: A bankruptcy attorney in Louisville, KY, understands the unique aspects of the local legal system, including Kentucky bankruptcy laws and regulations. This local knowledge can be invaluable in ensuring your bankruptcy case proceeds smoothly.
  2. Personalized Guidance: When you work with a bankruptcy attorney in Louisville, you can expect personalized guidance tailored to your specific financial situation. We will assess your circumstances and help you choose the most appropriate bankruptcy chapter for your needs, be it Chapter 7 or Chapter 13.
  3. Navigating Complex Paperwork: Bankruptcy involves a considerable amount of paperwork and legal documentation. Bankruptcy attorneys in Louisville are well-versed in the intricate documentation required, ensuring that your case is filed correctly and on time.

Finding the Right Bankruptcy Attorney in Louisville, KY

When searching for a bankruptcy attorney in Louisville, KY, it's crucial to consider various factors in making an informed decision:

  1. Experience Matters: Look for attorneys with a proven track record of handling bankruptcy cases successfully. Experience matters when it comes to navigating the complexities of bankruptcy law. Shur Law has an attorney in Louisville that previously served as a bankruptcy trustee in Kentucky for several years.
  2. Practice Focus in Bankruptcy Law: Ensure that the attorney you choose focuses their practice on bankruptcy law. This demonstrates a deep understanding of the intricacies of bankruptcy cases. Shur law limits our practice areas to three primary areas: family law, estates and bankruptcy. The attorneys that represent bankruptcy clients focus on that practice area.
  3. Local Reputation: Research online reviews, testimonials, and ask for recommendations from friends or family to gauge the reputation of bankruptcy attorneys in Louisville, KY. A quick search of Shur Law will show the quality service that we have provided our clients.
  4. Initial Consultation: Many bankruptcy attorneys offer free initial consultations. Take advantage of these consultations to discuss your case and get a sense of the attorney's communication style and expertise. Call 502-221-7710 to schedule your free phone or video consultation.

Conclusion

Filing for bankruptcy is a significant decision that can provide much-needed relief from overwhelming financial burdens. However, it's crucial to have the right guidance and support throughout the process. By using the principals mentioned in this article, you can efficiently locate a qualified bankruptcy attorney in Louisville, KY, who can help you navigate the complexities of bankruptcy law and work towards a brighter financial future. Remember, with the right legal representation, you can take the first step towards a fresh start.

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Chapter 11 Bankruptcy https://shurlaw.com/chapter-11-bankruptcy/?utm_source=rss&utm_medium=rss&utm_campaign=chapter-11-bankruptcy Thu, 10 Aug 2023 19:11:47 +0000 https://shurlaw.com/?p=1852 Reorganization bankrutpcy Navigating Chapter 11 Bankruptcy: A Comprehensive Guide Introduction In the world of finance and business, uncertainty is a

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Reorganization bankrutpcy

Navigating Chapter 11 Bankruptcy: A Comprehensive Guide

Introduction

In the world of finance and business, uncertainty is a constant companion. Economic downturns, unforeseen challenges, and shifting market dynamics can sometimes push even the most robust companies to the brink of insolvency. To provide a lifeline for struggling businesses, the U.S. legal system offers a powerful tool known as Chapter 11 bankruptcy. This legal process enables companies to restructure their operations, debts, and finances, with the ultimate goal of emerging stronger and more viable. In this blog post, we will delve into the intricacies of Chapter 11 bankruptcy, exploring its purpose, the essential information it requires, and the step-by-step process to successfully navigate this complex terrain.

Understanding Chapter 11 Bankruptcy

Chapter 11 bankruptcy, often referred to as "reorganization bankruptcy," is a legal mechanism under the United States Bankruptcy Code that allows businesses to restructure their operations and debts while continuing to operate. Unlike Chapter 7 bankruptcy, which involves liquidation and the closure of the business, Chapter 11 provides an opportunity for the company to reorganize its affairs and regain financial stability. This option is crucial for companies facing financial distress but believe they have the potential for a turnaround.

Why Chapter 11 is Needed

The decision to file for Chapter 11 bankruptcy is often driven by the need to address mounting financial challenges and avoid complete collapse. Companies may be burdened by excessive debt, impending loan defaults, creditor pressure, or declining revenues. By filing for Chapter 11, a business gains access to a protective legal shield known as the automatic stay, which halts all collection actions and gives the company a chance to negotiate with creditors and develop a feasible restructuring plan.

Essential Information for Chapter 11 Bankruptcy

  1. Detailed Financial Information: A comprehensive understanding of the company's financial standing, including assets, liabilities, income, expenses, and cash flow, is vital. This information serves as the foundation for crafting a realistic restructuring plan.
  2. Business Operations Overview: Clear documentation of the company's operations, including organizational structure, key personnel, and business strategies, helps stakeholders comprehend the company's current state and potential for recovery.
  3. List of Creditors: An exhaustive list of creditors, along with the nature and amount of their claims, ensures that all stakeholders are accounted for during the restructuring process.
  4. Proposed Restructuring Plan: A well-thought-out plan outlining how the company intends to address its financial challenges, streamline operations, and achieve profitability is the linchpin of a successful Chapter 11 bankruptcy.

Navigating the Chapter 11 Bankruptcy Process

  1. Filing the Petition: The process begins with the company filing a Chapter 11 bankruptcy petition in the appropriate U.S. Bankruptcy Court. This triggers the automatic stay and provides the company with breathing room to devise a restructuring strategy.
  2. Exclusivity Period: The debtor is granted an initial period of exclusivity, during which only the debtor can propose a restructuring plan.
  3. Developing the Plan: The debtor works closely with its legal and financial advisors to formulate a restructuring plan that outlines how it intends to address its financial challenges, reduce debt, and streamline operations.
  4. Creditor Negotiations: The proposed plan is then presented to creditors, who have the opportunity to negotiate and provide input. The company and its advisors work with creditors to garner support for the plan.
  5. Plan Confirmation: Once the plan has gained sufficient support, it is presented to the bankruptcy court for approval. Creditors vote on the plan, and the court ultimately decides whether to confirm it.
  6. Plan Implementation: If the plan is approved, the company begins implementing the proposed changes, which may include debt reduction, asset sales, renegotiating contracts, and other measures designed to restore financial health.
  7. Emergence from Bankruptcy: After successfully implementing the restructuring plan, the company emerges from Chapter 11 bankruptcy as a reorganized entity, poised for a fresh start and renewed growth.

Conclusion

Chapter 11 bankruptcy is a lifeline for struggling businesses, offering a path to recovery and revitalization in the face of financial turmoil. By providing the tools for debt reduction, operational streamlining, and strategic repositioning, this legal process enables companies to emerge from the brink of insolvency stronger and more resilient than before. While navigating the complexities of Chapter 11 bankruptcy can be challenging, armed with the right information and a dedicated team of legal and financial advisors, businesses can chart a course toward a brighter financial future.

 

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Chapter 13 Bankruptcy https://shurlaw.com/chapter-13/?utm_source=rss&utm_medium=rss&utm_campaign=chapter-13 Thu, 10 Aug 2023 18:57:10 +0000 https://shurlaw.com/?p=1842 The Wage Earners Bankruptcy Introduction: Facing financial hardships can be overwhelming, but there are legal avenues that can help individuals

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The Wage Earners Bankruptcy

Introduction: Facing financial hardships can be overwhelming, but there are legal avenues that can help individuals regain control of their financial situation. One such option is Chapter 13 bankruptcy, a structured repayment plan that allows debtors to reorganize their debts and work towards a more manageable financial future. In this blog post, we'll delve into what Chapter 13 bankruptcy Ohio entails, the information needed to file, and the process of obtaining a discharge.

Understanding Chapter 13 Bankruptcy In Ohio

Chapter 13 bankruptcy, often referred to as a "wage earner's plan," is a type of bankruptcy designed for individuals with a regular income who are struggling with unmanageable debts. Unlike Chapter 7 bankruptcy, which involves liquidation of assets, Chapter 13 focuses on creating a repayment plan that spans three to five years. This enables debtors to retain their assets while gradually repaying their debts.

Information Needed for Filing:

  1. Complete Financial Disclosure: Debtors must provide a detailed account of their financial situation, including income, expenses, assets, and liabilities. This comprehensive overview helps the bankruptcy court assess the individual's ability to make payments under the proposed plan.
  2. List of Creditors and Debts: An accurate list of all creditors and the corresponding debts is crucial. This includes secured debts (e.g., mortgages, car loans) and unsecured debts (e.g., credit card debt, medical bills).
  3. Income Documentation: Proof of income from all sources, including pay stubs, tax returns, and other documentation, helps establish the debtor's ability to make the proposed payments.
  4. Monthly Budget: A detailed breakdown of monthly expenses, including essentials such as housing, food, transportation, and healthcare, gives the court insight into the debtor's financial obligations.
  5. Property and Asset Information: A list of all properties and assets, along with their values, is necessary for the court to determine how the repayment plan will affect the debtor's assets.

The Chapter 13 Bankruptcy Process:

  1. Filing the Petition: The process begins by filing a Chapter 13 bankruptcy petition with the appropriate bankruptcy court. At this stage, an automatic stay is issued, preventing creditors from taking any further collection actions.
  1. Creating the Repayment Plan: Working alongside an attorney, debtors formulate a repayment plan based on their disposable income. This plan outlines how debts will be repaid over the three to five-year period.
  1. Meeting of Creditors: Debtors attend a meeting of creditors, also known as a 341 meeting. Creditors have the opportunity to ask questions about the repayment plan and the debtor's financial situation.
  1. Confirmation Hearing: A bankruptcy judge reviews and approves the repayment plan during a confirmation hearing. Once confirmed, debtors start making payments to a trustee, who then distributes the funds to creditors according to the plan.
  1. Completion of the Plan: Over the designated repayment period, debtors consistently make payments as outlined in the plan. Changes to the plan may be made under certain circumstances.

Obtaining a Discharge: Upon successful completion of the repayment plan, debtors may be eligible for a discharge of remaining unsecured debts, such as credit card debt and medical bills. However, some obligations, such as child support, student loans, and certain tax debts, may not be dischargeable.

Conclusion: Chapter 13 bankruptcy offers a structured path for individuals to reorganize their debts, retain their assets, and work towards financial stability. By providing detailed financial information, creating a feasible repayment plan, and adhering to the bankruptcy process, debtors can navigate the complexities of Chapter 13 bankruptcy and ultimately obtain a discharge, giving them a fresh start on their journey towards financial recovery. As every individual's financial situation is unique, seeking guidance from a qualified bankruptcy attorney is essential to ensure the best possible outcome.

 

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Chapter 7 Bankruptcy https://shurlaw.com/chapter-7-bankruptcy/?utm_source=rss&utm_medium=rss&utm_campaign=chapter-7-bankruptcy Thu, 10 Aug 2023 18:36:50 +0000 https://shurlaw.com/?p=1835 Chapter 7 Bankruptcy In Ohio: A Comprehensive Guide Introduction In the face of financial hardship, both individuals and businesses in

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Chapter 7 Bankruptcy In Ohio: A Comprehensive Guide

Introduction

In the face of financial hardship, both individuals and businesses in Ohio might encounter overwhelming debt that makes it hard to meet obligations. That's where Chapter 7 bankruptcy comes in. It provides a chance to begin anew, permitting debtors in Ohio to eliminate qualifying debts and reconstruct their financial situations. Our guide delves into the specifics of Chapter 7 bankruptcy in Ohio, from understanding its essence to gathering the necessary details for filing and navigating the discharge process.

Chapter 7 Bankruptcy Explained

Chapter 7 bankruptcy, also known as "liquidation bankruptcy," is a legal process designed to provide individuals and businesses with relief from overwhelming debt. Through this process, debtors can discharge certain unsecured debts, such as credit card balances, medical bills, and personal loans, allowing them to emerge from bankruptcy with a clean slate.

Information Needed to File for Chapter 7 Bankruptcy

  1. Financial Information: Gather all relevant financial documents, including income statements, tax returns, and a list of assets and liabilities. This will help assess your financial situation and determine your eligibility for Chapter 7 bankruptcy.

  2. List of Creditors: Create a comprehensive list of all your creditors, including their names, addresses, and the amounts owed. This list will form the basis for your bankruptcy petition.

  3. Means Test Calculation: The means test evaluates your income and expenses to determine if you qualify for Chapter 7 bankruptcy. It compares your income to the median income in your state, and if your income is below the median, you likely qualify. Otherwise, a more detailed analysis is performed.

  4. Property Exemptions: Identify the property that is exempt from liquidation under your state's bankruptcy laws. These exemptions vary from state to state and may protect assets such as your primary residence, car, clothing, and household goods.

  5. Credit Counseling Certificate: Before filing for Chapter 7 bankruptcy, you must complete a credit counseling course from an approved agency. This course helps you explore alternatives to bankruptcy and understand the implications of your decision.

The Chapter 7 Bankruptcy Filing Process

  1. Pre-Filing Preparation: Organize the required information and documents as outlined above. Consider seeking advice from a qualified bankruptcy attorney to ensure you navigate the process smoothly.

  2. Filing the Petition: Your attorney will help you prepare the necessary forms and file the Chapter 7 bankruptcy petition in your local bankruptcy court. The automatic stay will go into effect, preventing creditors from taking further collection actions.

  3. Meeting of Creditors (341 Meeting): Approximately 20 to 40 days after filing, you will attend a meeting with your creditors and the bankruptcy trustee. You'll answer questions about your financial situation under oath. Creditors can attend but often do not.

  4. Asset Liquidation (if applicable): The bankruptcy trustee may sell non-exempt assets to repay creditors. However, many Chapter 7 cases are "no-asset" cases, meaning debtors do not have non-exempt assets to be liquidated.

  5. Financial Management Course: After the meeting of creditors, you must complete a financial management course to receive a bankruptcy discharge.

  6. Discharge: Typically, within a few months of filing, you will receive a bankruptcy discharge, releasing you from personal liability for eligible debts. Certain debts, like student loans and recent taxes, are generally not dischargeable.

Conclusion

Chapter 7 bankruptcy can offer a lifeline to those drowning in debt, allowing them to start anew with a clean financial slate. By understanding the information required and the process involved, individuals and businesses can navigate the Chapter 7 bankruptcy process with greater confidence. While this guide provides an overview, consulting with a qualified bankruptcy attorney is crucial to ensure your specific circumstances are properly addressed and to maximize the benefits of Chapter 7 bankruptcy.

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Collaborative Law – A better Way to End your Marriage https://shurlaw.com/collaborative-law-a-better-way-to-end-your-marriage/?utm_source=rss&utm_medium=rss&utm_campaign=collaborative-law-a-better-way-to-end-your-marriage Tue, 18 Jul 2023 16:48:03 +0000 https://shurlaw.com/newsite/?p=1080 When people think about divorce, what often comes to mind is the image of a terribly contrary affair. Most view

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When people think about divorce, what often comes to mind is the image of a terribly contrary affair. Most view it as a situation of intense conflict, with emotions boiling over and recriminations flying. While divorce is not always like this, the truth is that many couples have had to endure this sort of experience. Some couples end up in a lengthy, high-conflict situation with attorneys on both sides and both parties seeking every advantage against the other.

The problem though, is that in scenarios like these, neither party really comes out on top. By the time the fight is over, more damage will have been done to both parties than was ever in contention from the off. Sadly, the damage is almost never restricted to the parties either. More often than not, collateral damage exists in the form of terribly hurt children and devastated relatives. But it doesn’t always have to be so. Collaborative law affords couples an opportunity to end their marriage in a sane, civil manner. Through the medium of collaborative divorce, couples can find their common grounds and reach satisfactory agreement on differences in a swift and non-accusatory process.

At Shur Law , we have helped many couples find civil resolution to their marital disputes through collaborative law processes. By helping them find better and more conciliatory ways to resolve their differences, we help ensure that divorce does not turn out as difficult as it often sounds.In this article, we’ll explain what collaborative law means and how the mechanism of collaborative divorce helps couples find the least contrary way to end their marriage.

What is collaborative law?

Collaborative law, also referred to as collaborative practice , is an area of law that focuses on resolving disputes without involving the courts. It falls within a range of alternative dispute resolution procedures that are created to make the process of resolving disputes faster and less accusatory. Collaborative processes are similar to mediation and arbitration, with the difference that they focus on compromise and negotiation between the parties. Although the aim of collaborative law is to move disputes away from the court room, it usually involves lawyers. In processes that fall within this area of law, both parties will still retain attorneys although their jobs will not be to throw darts at each other. They may also involve other professionals such as collaborative coaches, financial specialists or child specialists.

Collaborative divorce is one of the processes within collaborative law. Although the final aim of the process is to secure the mutual separation of the divorcing couple, the focus of the process is to achieve this as painlessly as possible. This is why, aided by lawyers, the process helps the parties come to a mutually acceptable dissolution by employing cooperative techniques rather than adversarial strategies.Frankly speaking, collaborative divorce is the perfect process for couples that want to end their marriage in the least dramatic way possible. It also has the added advantage of protecting every other party involved, directly and indirectly, so the collateral damage is limited or even extinguished.

Benefits of collaborative divorce

There are several benefits to being able to avoid the spectacle of a full-blown court process in favor of collaborative divorce. Some of the most important benefits include the following:

Swift and painless process

Anyone that has had to go through a protracted divorce will agree that it can be more than a little inconvenient. Even when the process does not stretch into an extended debacle, it has the propensity to wring its participants out emotionally.

Traditional divorce is also invasive, and even at the best of times, may involve the disclosure of very private affairs to the public in court. Through collaborative divorce, couples can find a swifter and infinitely more private solution to their disputes.

Protect children and loved ones

The usual problem with divorce is that the emotional damage often spills onto individuals other than the couple. Children and loved ones are usually fair game in the maelstrom of emotions that surround divorce proceedings.

Collaborative divorce helps couples manage the situation much better, providing an organized civil process that helps them keep a handle on things. With your specially trained collaborative law attorneys working for you, there’s a much better chance that you can protect your loved ones while achieving the resolution that you need.

Negotiate a mutually beneficial compromise

Issues such as child custody, alimony and child support are often enough to turn even the most civil proceedings into a mess. One of the basic reasons for this is because lawyers on both sides are mostly looking to get what they can for one party, and that party alone.

This outlook often ends up with someone getting what they want, and the other getting left in an undesirable position. The peace doesn’t often last very long either. Should you choose to go the collaborative route, it makes it easier for you and your spouse to find a better, lasting solution to your differences.

How collaborative divorce works

The collaborative divorce process usually begins with contacting a trained collaborative divorce attorney. It is important to find an attorney that has been specially certified in collaborative practice, to ensure that they know what they’re doing.

Once you have decided on the lawyer you want to guide you through the process, you should meet with them privately to let them know what you want from the process. The next step after this will be to set up a meeting with both parties. It is at this meeting that the participation agreement will be signed by both parties.

What is a participation agreement?

The participation agreement is a special document that is expected to guide the collaborative divorce process. It is essentially an undertaking by both parties that they will participate in the process and do their best to ensure its success.

The document spells out the rights and responsibilities of both parties and their lawyers. By signing the agreement, you agree to negotiate the entire dispute and refrain from going to court or threatening court action. The agreement also contains something called a disqualification provision. The provision is a fail-safe that aims to provide the parties should the process fail to secure a resolution of the dispute. It provides that if the case gets to court, each party will have to hire a new lawyer.

There are two benefits to this. First, you can be confident that should the collaborative divorce fail, you will never have to suffer through a cross-examination fueled by material from the failed process. Second, it ensures that your collaborative divorce attorney is 100% committed to helping you settle the case. They know that if they fail, they’ll be out of a job.

The process usually comes to an end once a satisfactory arrangement has been reached between the parties. This will be evidenced in an agreement that will then be presented to a court for pronouncement. This seals it and makes it binding on both parties, with equal force as a judgment of the court.

Let us help you find a painless resolution

Our remit at Shur Law is to help our clients find the best possible solutions to their problems. And through the collaborative divorce process, we have helped many like you reach a satisfactory conclusion to otherwise sticky disputes.

Collaborative divorce can save you time, money and the emotional trauma of litigation. Should you wish to understand more about how the process can help you, please contact us (513) 448-4099.

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Bankruptcy In Ohio https://shurlaw.com/bankruptcy-in-ohio/?utm_source=rss&utm_medium=rss&utm_campaign=bankruptcy-in-ohio Tue, 18 Jul 2023 16:44:01 +0000 https://shurlaw.com/newsite/?p=1074 How To File Bankruptcy In Ohio Are you wondering how to file bankruptcy in Ohio? Look no further. At SHUR

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How To File Bankruptcy In Ohio

Are you wondering how to file bankruptcy in Ohio? Look no further. At SHUR LAW, we’re not only your reliable source for legal advice but also your partner in navigating the complexities of bankruptcy. Our experienced team guides you through the entire process, ensuring you understand the steps involved and make informed decisions. Additionally, if you’re searching for a bankruptcy attorney in Cincinnati, our services extend to providing expert assistance tailored to your local needs. From understanding the paperwork to representing your best interests, SHUR LAW is here to help you achieve a fresh financial start.

Here is how your Chapter 7 Bankruptcy case will proceed in 10 simple steps: 

Step 1: Upload Requested Documents 

We will need pay stubs, bank statements, car and house titles, tax returns, driver’s licenses, and social security card, separation agreement and/or divorce decrees, any recorded mortgages or deeds, retirement account info, and proof of taking the credit counseling course. All these items can be uploaded in MyChapter when you complete your questionnaire. 

Step 2: Complete and Submit Your Questionnaire 

You likely have already received a link to our only questionnaire, MyChapter. If you have not, please let us know so that we can send it. Please be as detailed as possible and fill in every question. Include all of your creditors. If you do not know about a creditor, go to www.annualcreditreport.com and get your free credit report. Make sure you save this as a pdf and upload it to MyChapter. 

Step 3: Review 

After you submit your quetionnaire to us, we will incorporate your answers into the documents required to file your case. The assigned paralegal will likely contact you to ask questions and get missing information. After review is complete, our office will schedule a signing meeting. 

Step 4: Credit Counseling 

Prior too filing your case, you must complete a court approved credit counseling course. We work with a company, debtorcc, that provides this service at a low cost. You should receive an invite from them directly. The fee for the counseling is separate and paid directly to the credit counseling company. 

Step 5: Signing Meeting 

At the scheduled signing meeting, your attorney will walk through all documents that you will be signing and answer any questions you may have. Your attorney will also explain the process at the one hearing, called a 341 meeting. We will need to know the balance of all of your accounts on the day of the signing meeting. Please screenshot that balance for us. At this meeting, your documents will be signed. 

Step 6: File Application  

We will file your application and send you an email confirming your case was filed. The filing is almost always done immediately following the signing meeting. Once the case is filed, the automatic stay will be in place and creditors are forbidden from contacting you. Please notify us immediately if the calls continue. 

Step 7: Setting a 341 Hearing Date  

The court will set a hearing date. At this hearing, we will either go to the federal courthouse or do a phone call with the court. It is very important that you be on time either in person or on the phone. Please contact your attorney as soon as possible if there is any issue with your attendance. The hearing is presided over by a Trustee, who is an attorney in the community that has an extensive background in bankrupty and is appointed by the court to search for assets. The trustee will swear you in and ask if the information is correct and if the document has your signatures. Answer all questions truthfully. 

Step 8: Post 341 

Our office is in constant contact with the trustee for your case and the US Trustees office. We submit all required documents prior to the hearing. Occasionally an issue with arise or the trustee will ask for an amendment or supplemental document. If we request information or documents from you, please provide those as quickly as possible so that we can satisfy those requests. The discharge will be filed by the court approximately three months after the 341 meeting. 

Step 9: Debtor Education Course 

At any time after your case is filed, you can complete the debtor education course. If you are in a Chapter 13, the trustee will send you the information regarding this course and her office will pay for this expense. For Chapter 7 cases, this course must be paid for by you. You will get notifications from our partner, debtorcc.org prompting you to complete this course. Your case cannot be concluded until the course is done. 

Step 10: Case Completed

Once you have a discharge from the court the debts listed and not subject to an exclusion will be removed as a debt you owe. Filing bankruptcy will lower your credit score, but you can find tips on how to raise it again here.  

Call us at 513-449-0990 to schedule a consultation with one of our attorneys.

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Ohio Estate Administration https://shurlaw.com/ohio-estate-administration/?utm_source=rss&utm_medium=rss&utm_campaign=ohio-estate-administration Tue, 18 Jul 2023 16:40:52 +0000 https://shurlaw.com/newsite/?p=1072 What is Estate Administration? Estate Administration is the process by which an individual’s lifetime financial affairs are wound up and

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What is Estate Administration?

Estate Administration is the process by which an individual’s lifetime financial affairs are wound up and their property and assets are distributed after they die. 

How does one complete an estate administration? There are several steps that need to be taken with following the local rules to open, distribute and close an administration. Each county will differ.

Key points you need to know in order to start the process:

Did the decedent have a Will? 

If there was a will, then the original, will be filed in the county where the decedent lived. If there was not a will, then an application to administer the estate will be completed and filed. 

Who are the next of kin? 

Section 2105.06 – Ohio Revised Code | Ohio Laws

What are the responsibilities of an executor/administrator? 

  • Carrying out the wishes of the decedent’s will or following Ohio/Kentucky laws.
  • Paying creditors
  • Meeting court deadlines
  • Distributing assets appropriately

What to Expect During an Estate Administration: 

Estate Administration cases usually take between 9-12 months but can take longer depending on the estate involved. Patience and reasonable expectations are necessary. We’ll get there but we’re on court time, which is like lake time. 

If you need assistance, please call us or feel free to send us an email. We are happy to help!

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Estate Planning In Ohio https://shurlaw.com/estate-planning-in-ohio/?utm_source=rss&utm_medium=rss&utm_campaign=estate-planning-in-ohio Tue, 18 Jul 2023 16:37:26 +0000 https://shurlaw.com/newsite/?p=1070 Many people put off estate planning because they believe it will be a difficult process. At Shur Law, we make

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Many people put off estate planning because they believe it will be a difficult process. At Shur Law, we make it easy.

While we create your estate plan, we will focus on helping your trustee and/or executor avoid the long, stressful, and expensive process of probate.   

In order for your estate to avoid probate, you must have all assets you own at the time of your passing in either a properly executed Trust or designated as a “payable on death” or “transfer on death”.  Examples of some of these documents and designations used to transfer ownership outside of probate (non-probate) are:  

  1. Transfer on Death Deed; 
  2. Payable on Death Bank Transfer;
    • A form you request from your Bank.
  3. Payable on Death BMV Transfer; and
    •  A form you request from the BMV.
  4. Life Insurance Beneficiaries.
    •  A form you request from your Life Insurance 

We recommend that every estate plan have a minimum of a Final Will and Testament or Pour-over Will and a Financial and Medical Power of Attorney. There are additional documents that we can prepare such as a living will or health care directive. We can discuss these and others upon your request.

We will draft your estate planning documents and then reach out to schedule a signing meeting. Prior to your signing meeting, we will send you a draft of your documents for your review. Please reach out to us with any changes that you would like to make before your scheduled signing meeting.  You will need to bring your identification to the signing meeting and it usually takes about an hour. 

Expectation Setting  

Estate Planning Cases usually take between 2-4 weeks but can take 3-4 months depending on the nature of your assets, the level of planning needed, and your availability. 

Call 513-449-0990 to schedule a consultation with one of our estate planning attorneys.

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