Frequently Asked Question

Should I file for bankruptcy?

Since everyone’s situation is different, if you have received any of the following, a bankruptcy may be necessary:

  • Any notice that your home/property is being foreclosed upon
  • Any notice your vehicle is being repossessed
  • Any legal notice that you are being sued by creditors or debt collectors
  • Notices that your debt has been turned over to a collections agency

You can arrange a free consultation with Attorney Wendi Henderhan to review all available options. In the past 10 years, she has handled countless cases ranging from simple to complex. Attorney Wendi will guide you through your choices, keeping you informed of your legal rights and entitlements throughout the process. Call today!

Are there different types of bankruptcies?

If eligible, most people choose a Chapter 7 bankruptcy because this plan does not require them to pay back any portion of their debt. When you file a Chapter 7 bankruptcy an “automatic stay” takes effect. This action is temporary but immediately stops most creditors from attempting to collect your debt using collection methods like wage garnishment, taking money from your bank accounts or cutting off utilities.

When you choose a Chapter 13 Plan, in most instances, you will be permitted to pay back your creditors a percentage of the total amount you owe them. The amount you pay is determined by your income, your necessary expenses and the nature of the debt. Attorney Wendi Henderhan has years of expertise in setting up Chapter 13 Plans and will work with you to create a fair and financially suitable reorganization of your debts.

Bankruptcy laws are complicated, and every case is different. You deserve to have your questions answered by a licensed attorney…not a paralegal from a big law firm. Attorney Wendi Henderhan is an experienced, knowledgeable, local Bankruptcy attorney. She will review with you every detail of your plan and keep you informed each step along the way toward your financial future.

Do I need an attorney for bankruptcy?

There is much more that goes into a bankruptcy than filing a few online forms. Bankruptcy laws are federally based, but there are many specific local rules for each district that only an experienced bankruptcy attorney will understand. If you choose to file a bankruptcy without an attorney, you will be responsible for navigating this complex system on your own. The bankruptcy clerk’s office and your Bankruptcy Trustee cannot offer any legal advice and will not “help you” in filing your own case.

While bankruptcy laws don’t require debtors to have an attorney to file bankruptcy, there are many factors to consider when making this decision. Whether you should hire an attorney depends on:

  • Whether you are filing for a Chapter 7 or Chapter 13 Bankruptcy
  • The amount of income and assets you have
  • How complicated your bankruptcy will be
  • Whether or not you are comfortable representing yourself

The bankruptcy process is very technical and not friendly to non-attorneys. There are many forms, calculations, and other required paperwork that must be provided to the court and the Bankruptcy Trustee. Missing documents, untimely follow ups, and other minor issues could mean the difference between a successful and unsuccessful bankruptcy.

BEWARE of online services offering to “help you” file for bankruptcy. These services prey on desperate people but do no more than help you file the online paperwork. They will not represent you in court, help with case filings, follow up with trustees, etc.

When you need help with your financial situation, make sure you are getting the advice, recommendations and legal support you need and pay for by working with an experienced bankruptcy attorney. Attorney Wendi Henderhan has more than 15 years of experience helping her clients get a fresh start. She has filed more than 1,000 Chapter 7 and Chapter 13 bankruptcy cases and she works daily in the practice of bankruptcy law.

Some law firms rely on office personnel and paralegals to handle your bankruptcy consultation and process. You may not meet with or see your lawyer until court date. At Henderhan Law, you meet with Attorney Henderhan from the start and she is with you to the end of the process, including court appearances. Why is this important? You are paying legal fees to get the best legal advice for your situation. This is your financial welfare. You deserve to meet and work with a professional attorney who specializes in bankruptcy and is current on bankruptcy laws, court procedures, and is working toward your ultimate financial stability.

Can they take my house in a bankruptcy?

These exemptions have been established to help you keep your property during a bankruptcy.
You can meet with our experienced bankruptcy Attorney Wendi Henderhan to discuss important questions and determine your goals concerning your property.

If you have fallen behind on your house payment, you may be able to catch up with a bankruptcy plan. If you are close to a foreclosure situation, you will want to act quickly to keep your property and avoid bank actions. When you meet with Attorney Wendi Henderhan, she will provide you with specific advice and recommendations for your situation. Don’t delay—call today for your free consultation.

Can Bankruptcy Help Me if I’m Behind on My Car Payments?

First, you need to answer some very important questions, such as:

  • What are your goals for your vehicle(s)?
  • Do you want to keep your car and continue payments?
  • Do you want to get out from under a large payment?
  • Do you want to trade in your vehicle for one with a more affordable payment?
  • Is the creditor threatening to repossess your vehicle?

If you are close to a repossession, you will want to act quickly to avoid creditor actions. During a bankruptcy, many of your assets are protected under certain exemptions. Call today to arrange your free consultation with a knowledgeable, experienced bankruptcy attorney, Wendi Henderhan. She will provide you with advice specific for your situation. Don’t delay! Avoid creditor actions now.

Financial Set-Backs & Bankruptcy

Are You Considering Bankruptcy After Experiencing a Financial Set-Back?
No matter your income range, there are many life events that can leave you feeling financially fragile or underwater. At these moments, you may turn to the idea of filing for bankruptcy in Ohio. Financial wellness looks different for everyone, but no one wants to be on the other side where you’re stuck feeling confused, hopeless, or wondering what to do next about your financial situation. Attorney Wendi Henderhan is here to help explain how bankruptcy in Ohio may be the answer.
What Is a Financial Set-Back?
Financial setbacks can take all shapes and sizes. You could be facing an unexpected medical bill, costly house repair, or a sudden job loss. It’s also a fact that when it rains, it pours. That emergency fund you smartly saved up might be useful for your car repairs after an accident but wouldn’t stretch to cover your additional medical bills. When crisis strikes, many people can fall behind on everyday bills and expenses.

Whether you’ve run out of paid leave caring for an ailing family member or your basement startup didn’t take off as you expected, these events and more can cause a disruption in income which triggers a financial set-back. You then risk facing the threat of wage garnishment, home foreclosure, or car repossession, which can be incredibly stressful situations to handle. Luckily, it doesn’t always have to be this way.
What Happens If I Experience a Financial Set-Back?
If you find yourself in a financially fragile situation, you may have options. Bankruptcy is one avenue to consider when a financial set-back strikes your bank account. You can get out from under the burden and stress of debt and get a fresh start with your credit.

Don’t wait to gain your financial freedom. Call Attorney Wendi Henderhan today for a free consultation. Attorney Wendi Henderhan can help you by providing Ohio bankruptcy options that enable you to keep your home and cars. It costs you nothing to find out how to become financially stable again. Call today!

Bankruptcy & Your Tax Refund

Will They Take My Tax Refund If I File Bankruptcy?
When it comes to taxes, there’s already enough to figure out without the added complication of bankruptcy. Many people filing for bankruptcy in Ohio wonder if their tax refund can be seized as part of the bankruptcy. Let’s break this down.
Is a Tax Refund an Asset?
Yes, tax refunds are considered assets by the court within the context of an Ohio bankruptcy. This is the case for both Chapter 7 and Chapter 13 bankruptcies. It does not make a difference whether you have received the tax refund already or not. If you expect to receive one, it will be considered an asset.
How Can I Keep My Tax Refund If I File for Bankruptcy?
Some people will be able to keep their tax refund protected from bankruptcy. This depends on the laws of Ohio, the time of year you file your bankruptcy, and what precautions you put in place before you file for bankruptcy. Attorney Wendi Henderhan can help advise you on the best way to protect your assets, including your tax refund, as exemptions.
Who Can Help Me Keep My Tax Refund During a Bankruptcy?
If you want to file bankruptcy, but are worried about losing your refund, you can meet with Attorney Wendi Henderhan at no charge to discuss your options. We connect you with Attorney Henderhan because it’s critical you speak directly to an experienced Ohio bankruptcy lawyer, not an assistant or paralegal.

Attorney Henderhan has filed more than 1,500 bankruptcy cases and understands how to navigate Ohio bankruptcy laws. She can help you develop a plan to protect your tax refund and other assets and get rid of burdensome debt. It’s free to find out, so call today and schedule your consultation.