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Daniel Gigiano Blog

Proudly Serving Medina, Summit and Wayne Counties

Chapters 7 & 13

I am an experienced bankruptcy attorney that serves clients in the Akron and Canton bankruptcy courts.  Clients who reside in the following counties are in the Akron court’s jurisdiction: Medina, Summit and Portage.  Clients who reside in the following counties are in the Canton court’s jurisdiction: Wayne, Stark, Holmes, Tuscarawas, Ashland, Carroll, Richland and Crawford Counties.

Filing for bankruptcy stops foreclosures, garnishments and other collection procedures.  People often wonder if they can keep their house, cars and household goods if they file bankruptcy.  The good news is that the bankruptcy laws allow you to keep most, if not all of your assets.  The laws allow each person to keep the first $3,675.00 of the equity in one vehicle.  A married couple may keep up to $265,800.00 in the equity in their home.  There are substantial allowances for household goods, retirement accounts, and burial plots.

Filing for bankruptcy can give you peace of mind.  Simply retaining my services eliminates most of the collection calls.  Your creditors then focus their efforts on calling my office.  Filing for bankruptcy eliminates all of your collection calls.

Filing for bankruptcy gives you a fresh start.  It eliminates credit card debt and medical bills, as well as most other debt.  My clients receive a credit report with the current credit score and your projected post-bankruptcy credit score.  Many of my clients learn that filing bankruptcy will raise their credit score, not lower it.

My office services clients for both chapter 7 and chapter 13 bankruptcies.  I provide a free initial thirty minute consultation, where I help you determine which chapter is right for you.  A brief overview of the chapters that I file under is:


Chapter 7 Bankruptcy

Chapter 7 bankruptcy is designed for debtors in financial difficulty who do not have the ability to pay their existing debts.  Debtors whose debts are primarily consumer debts are subject to a “means test” designed to determine whether the case should be permitted to proceed under chapter 7.  In filing a chapter 7 on your behalf, I am able to protect most, if not all, of your assets with exemptions set forth under the law.


Chapter 13 Bankruptcy

Chapter 13 bankruptcy is designed for individuals with regular income who would like to pay all or part of their debts in installments over a period of time.  I file a plan with the court to repay the creditors all or part of the money you owe them, using your future earnings over a period between three to five years.  Chapter 13 is generally for debtors who are:

  • Behind on their mortgage payments and need a plan to catch up;
  • Above the median income and not eligible for Chapter 7 under the “means test”
  • In possession of real estate and/or personal property that has equity that substantially exceeds the allowable exemptions.

We are a debt relief agency. We help people file for bankruptcy under the bankruptcy code.