Kevin M Ryan
About Kevin M RyanI have filed thousands of consumer bankruptcy cases in Northeast Ohio during the course of the past 16 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 16 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
- Foreclosure Defense
- Free Consultation
- We accept debit cards. Credit cards are accepted in limited circumstances, as long as payor is verified as not being a party who is filing bankruptcy. A client cannot pay initial bankruptcy fees using a credit card.
- Rates, Retainers and Additional Information
- We guarantee all of our fees. We do not operate on open, running fee agreements in bankruptcy matters unless pre-arranged with client for special matters or complex cases involving litigation. In come cases, creditors can be ordered to pay legal fees for violating certain consumer and bankruptcy laws.
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: 137th
- Overall: 17 Answers
- This Year: 5 Answers
Q. I've been informed by an email that I was named as a creditor in a bankruptcy case over a month ago but still have not g
A: You can register at www.pacer.gov for an ID that will enable you to get online access to this case. You can pull up the Debtor's Voluntary Petition and Matrix to see if you are actually named as a creditor. The Notice of Meeting of Creditors (if this is a Ch 7 or Ch 13 filing by the Debtor) will include a Certificate of Notice which lists all of the creditors in the case with an assigned serial number for each creditor. Check the actual public filing via PACER. Do not rely on a simple email. Unless you registered with the U.S. Bankruptcy Court for specific electronic notice, you have to be served with the Notice of Meeting of Creditors (which contains deadlines to file an Objection to the Debtor's Discharge of your claim) by U.S. Mail.
Q. How do I get relief from Judgments that that bankruptcy attorney failed to include in chapter 7 bankruptcy?
A: If the judgment was recorded by the creditor in the county where you own real estate, prior to your filing your bankruptcy case, the judgment has to be avoided ("removed from the property") via an Order issued by the bankruptcy court. The Order cannot be issued unless documents are filed while the case is open and being administered. It varies from district to district, but it is possible to ask the Court to reopen a bankruptcy case for the purpose of filing an application to avoid judgment lien. The grounds have to be that the judgment lien impairs an exemption taken in your property. Judgment Liens are not affected by a bankruptcy Discharge Order. They stay attached to your real estate unless avoided by a bankruptcy court order under 11 U.S. Code, Section 522. You can receive a discharge for the personal liability for the debt, but still have a judgment on your property after the bankruptcy case is closed. If the Court in its discretion denies the application to reopen the case to avoid a judgment lien, then unfortunately you are stuck with it, and you only have 1 year from the date of discovery of the attorney's malpractice (if in fact, it was malpractice) to file a lawsuit against him or her. In my experience, these instances arise when the judgment may have been in the client's pre-marital name, and the attorney was not made aware of the prior name.
Q. Where can I look to see if my husband filed for bankruptcy.
A: your husband's bankruptcy case is a public record and can be searched via PACER. The cost is .8 / pg. A bankruptcy attorney with a PACER ID can check that for you in a matter of seconds.
Q. can I get a copy of my discharge paper if lost
A: Yes. All bankruptcy filings are maintained electronically nationwide through a company called PACER. Start by contacting your attorney who in most cases should be able to email you a copy of the document. If a paper copy is required, for cases closed before Court conversion to the PACER system, you may need to put in a special order for the document at the Clerk of Courts in the District where your case was administered.
Q. If I am married, can I file bankruptcy without my husband?
A: Yes. There is no requirement that you file a joint case. Basic contract law applies to whether you or both of you are liable for a debt. Issue is whether one or both of you signed the agreement which would establish liability. If you file a solo case, your spouse's earnings for approximately the six (6) month period prior to case filing must be generically disclosed on the bankruptcy schedules and included on the eligibility calculation schedule commonly referred to as the "means test."
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
WEBSITES & BLOGS
Discover who represents you in Congress, find relevant legislation and learn how to take action. http://www.opencongress.org/ via @OpenCongress— Kevin M Ryan (@RyanLegal1) 1 day ago
Former Westlake Judge Connected to Cuyahoga County Corruption Scandal Indefinitely Suspended http://fb.me/6AVSUyoM0— Kevin M Ryan (@RyanLegal1) July 17, 2014
In re Cain: U.S. Court of Appeals for 6th Circuit holds that a Debtor can avoid a wholly unsecured 2nd mortgage... http://fb.me/2fAsBHV18— Kevin M Ryan (@RyanLegal1) July 15, 2014
After An Injured Vet Waits 2 Years For A Wheelchair, These Lowe's Employees Do What The VA Won't http://fb.me/1eM26JzQs— Kevin M Ryan (@RyanLegal1) July 14, 2014
http://t.co/HXabV1eqVc http://fb.me/2GamwsJzc— Kevin M Ryan (@RyanLegal1) July 13, 2014
LeBron !!— Kevin M Ryan (@RyanLegal1) July 11, 2014
http://fb.me/2YrVp9psh— Kevin M Ryan (@RyanLegal1) July 10, 2014
Banks know that customers hate them http://fb.me/1bkSuBvTl— Kevin M Ryan (@RyanLegal1) July 9, 2014
https://t.co/ZMzZS8q8IR http://fb.me/1u5OC5tnh— Kevin M Ryan (@RyanLegal1) July 8, 2014
# Ryan Legal Services— Kevin M Ryan (@RyanLegal1) May 14, 2014
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