Kevin M Ryan
Ryan Legal Services, Inc.
About Kevin M RyanI have filed thousands of consumer bankruptcy cases in Northeast Ohio during the course of the past 13 years. I come from a family of attorneys. My father and three brothers are lawyers practicing in consumer matters including bankruptcy, consumer law, business litigation and catastrophic injury and wrongful death matters.
I have a wide range of experience during my legal career thus far. I have practiced in the following areas before focusing full time on bankruptcy matters: Probate & Estate Planning, Divorce, Criminal Law, Juvenile Law, Federal and State appeals (criminal & civil cases), Personal Injury, Wrongful Death, and Collection matters. I have jury trial experience and have operated my legal offices on my own for 13 years. I have a substantial amount of experience in most areas that come up in bankruptcy matters. I worked two law-related jobs during law school and attended law school in the evening while supporting my family. I believe I have a unique background to assist people from all walks of life. I enjoy helping others in the course of my law practice and always seek to put my client(s) interest(s) ahead of my own.
The practice of law is more than just a job to me. I consider it a vocation to help others in need and I strive to do that on a daily basis.
Directory Practice Areas
- Consumer Law
- Free Consultation
- Rates, Retainers and Additional Information
- We guarantee all of our fees. We do not operate on open, running fee agreements in bankruptcy matters.
Jurisdictions Admitted to Practice
|President, Ryan Legal Services, Inc.|
|Legal practice focused entirely on consumer bankruptcy matters; Chapter 7 and Chapter 13 cases.|
|Cleveland State University||J.D.||Law|
|College of Wooster||B.A.||History|
|Activities: Football, Phi Sigma Alpha|
|Member||National Association of Consumer Bankruptcy Attorneys (NACBA)||2005-Current|
|Captain / Most Inspirational Player Award, College of Wooster Football|
- Overall: 134th
- This Year: 99th
- Overall: 11 Answers
- This Year: 2 Answers
Q: What is the max a single person can earn in a year to be eligible for Chapter 7?
A: the income limits on ch 7 bankruptcy eligibility are determined under Official Bankruptcy Form 22(A). The law can be found under 11 USC 707. The higher number of qualified household members corresponds to a higher income threshold. The income threshold tracks quarterly IRS data for your geographic area. If your income is calculated so that it is higher than the applicable median income, then you have to complete the balance of Form 22(A) and plug in all of the available deductions, and at the end of the Form a determination is made as to your eligibility (there are two tiers applicable; if you fail the initial presumption of abuse determination, you move on to the next tier, and compare your monthly discretionary income to a set percentage of your unsecured debt. These standards all vary, and you should consult a bankruptcy attorney especially where you are close to or over the median income. If you screw this up, your case can be dismissed.
Q: Can overdue taxes be included in bankruptcy?
A: yes. certain taxes that are generally more than 3 years old, if personal income taxes, can be discharged in ch 7. Unfortunately, the calculation of time varies under the particular circumstances of a case. It matters when the tax returns were filed and again, what type of taxes are due. Taxes can also be paid back without further penalties being added on through Chapter 13. The timing of the due date of taxes is important in ch 13 because dischargeable taxes can be paid as a general unsecured ( non-priority ) claim in the plan. This means other debts such as more recent taxes, car loans, mortgage arrears, etc can be paid instead of, or ahead of those taxes depending on the plan.
Q: Do i need a bankruptcy lawyer?
A: File a basic answer in court asap. Do the best you can to meet the filing deadline. This will cause the court to schedule a preliminary hearing or pretrial about 30-45 days later depending on the court. Find out this court date asap and make sure you appear. You will at least delay the issuance of a judgment while you find a lawyer. You may be able to enroll in the Hyatt Legal plan at work if available since January is the enrollment period. Some of these legal insurance companies pay all legal fees but not the court filing fee. Again, you can draft your answer in your own words and file it at the court where the lawsuit was filed.
Q: I am working w/debt agency,have a court date w/ a creditor, what do I need to do?
A: You should consult with a bankruptcy attorney immediately. A debt settlement firm cannot help you in court. If the creditor gets a judgment against you they can sweep your bank accounts and garnish your wages. Start by calling Legal Helpers (Macey £ Aleman ) in Chicago and get a referral to one of their network attorneys . You are being ripped off right now
Q: Whats a movant?
A: A movant is the individual or entity who/that files a motion
Q: How long after being discharged from bankruptcy can you guy a house?
A: There is no standard answer to this question. Most loan officers and brokers I have spoken to generally say about two (2) years from discharge. You should get your credit reports about 30-60 days after discharge at www.annual credit report.com to make sure all debts are reported as discharged. If you reaffirmed any debts, you will still get a positive bump on your credit score for making timely payments, but only if you reaffirmed the debt. Saving a down payment of 10-20% before buying a home post-bankruptcy is also a good idea, as well as finding a home that is at fair market value or listed lower. You DO NOT want to over-extend and buy more home you can afford. If married, ask yourself if you can still make the payment in the event of a divorce. If not, renting is a better idea as long as you are continuing to avoid debt and build savings. Hitting retirement age debt free is better than having a fully-funded IRA or 401(k) but being saddled with a huge mortgage payment.
Q: In Northern District of Ohio Bankruptcy Court, is requesting cramdown via plan sufficient or a motion has to be filed?
A: Assuming your are talking about a car loan, the loan must be at least 910 days old for you to cram it down, which means paying only the current fair market value as secured and making the balance over and above that unsecured. A cram down should coincide with a plan that offers less than 100% to unsecured creditors, because the crammed balance is unsecured debt. In Cleveland, you need to list a cram down under Article 4(B) of the official Plan and reduce the interest rate to prime plus a point or two, otherwise the Trustee will pay the claim according to the creditor's Proof of Claim. Also, be familiar with the Till case.
Q: Who do i talk to about tax forcloser? I want to set up pay plan with bank
A: I would be happy to discuss a Chapter 13 Bankruptcy filing with you if you are interested. This would stay (legall stop) the foreclosure sale and force the lender and the County tax auditor's office to accept a monthly payment on the past due amount(s) in a Chapter 13 Plan. You would have the protection of the US Bankruptcy Court via 11 USC, Section 362 and creditors would not be able to increase the balances. Check out our web site at www.ryanlegalservices.com for more information concerning the chapter 13 process, your options, etc. A ch 13 filing may also enable you to remove a second mortgage, other liens on the property, and permit you to pay a percentage of unsecured debt (while getting a discharge on the rest of it). Each case is different, so if you are told one size fits all by anyone, they are mistaken.
Q: If a creditor has won judgment against me can i file an appeal or a stay of enforcement
A: You should get over to the Clerk of Courts where the judgment was issued ASAP and check the file (it's public record, they will give it to you to look at). Note whether you were served with a copy of the complaint at the correct address. Also, check to see whether the creditor has violated the Fair Debt Collection Practices Act by suing you in a jurisdiction where you don't reside (example, you signed a contract in Lorain, OH and live in Elyria, OH and the creditor sues you in the Rocky River Municipal Court in Cuyahoga County. That's a violation you can sue them on, up to 1,000 in damages for each violation under 15 USC, Section 1692 et seq... They can't sue you in the wrong venue or jurisdiction). If you see you were not served at all, you need to file a motion to vacate the judgment to get it back on the normal trial docket. If you had a chance to challenge (litigate) the matter and just lost it, then get your Notice of Appeal filed but remember there is a filing deadline on that, plus a deadline to file your Appellant's Brief with the Court of Appeals.). You can contact our office at 440-327-3800 if you have further questions. /s/ KEVIN M. RYAN, ATTORNEY AT LAW