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Ohio Bankruptcy Laws

Since the majority of bankruptcy filings are Chapter 7, it is important to know what protection of assets can be sought during the filing process. The state of Ohio does not allow for the use of federal exemptions, but the state exemptions that are available are fairly significant:

Homestead

Real or personal property used as a residence up to $20,000.

Personal Property

Burial plot, motor vehicle up to $3,225; cooking unit and refrigerator up to $300 each; cash, bank, and security deposits, tax refund and money due within 90 days up to $400 total; household goods, furnishings, appliances, jewelry up to $1,350, books, animals, musical instruments, firearms, hunting and fishing equipment and crops up to $525 per item; health aids; wrongful death recoveries for person you depended upon for support; compensation for lost future earnings needed for support; personal injury recoveries up to $20,200; $400 of any property; and Tuition credit or payment.

Wages

Greater of the following: 30 times the federal minimum hourly wage or minimum of 75% of disposable weekly earnings. Judge may approve more for low income debtor.

Pensions

Tax exempt retirement accounts; Traditional and Roth IRAs up to $1,095,000 per person; public employees; volunteer firefighters' dependents; police officers and firefighters; public safety officers' death benefits; ERISA-qualified benefits, IRAs Roth IRAs and Keoghs needed for support; public school employees; state highway patrol employees.

Public Benefits

Crime victims' compensation received within 1 year of filing for bankruptcy; vocational rehabilitation benefits; workers' compensation; unemployment compensation; public assistance; disability assistance.

Tools of the Trade

Tools, books, and implements of trade up to $2,025.

Insurance

Benevolent society benefits to $5,000; group life insurance policy or proceeds; fraternal benefit society benefits; disability benefits needed for support; life, endowment or annuity contract dividends, interest, loan, cash, or surrender value for your spouse, child or other dependent; life insurance proceeds for spouse; life insurance proceeds if policy prohibits use to pay creditors.

Miscellaneous

Property from a business partnership.

Wild Card

$1,075 of any property.

With the type of bankruptcy decided, all exemptions considered and any financial counseling completed, the attorney can help you file a petition to the bankruptcy court. The bankruptcy trustee will then determine how the case will be handled and if an approval for the bankruptcy will be granted, allowing you to get a new financial start.