While it seems like a distant, bad memory at the moment, for some time during the height of the pandemic, in-person court hearings for bankruptcy proceedings were stalled. Filing for bankruptcy online was the only option, as we discussed in a blog from that time. But now that things are much as they were pre-pandemic, what is the state of online bankruptcy filings?
During the height of the pandemic, nearly all aspects of bankruptcy filing were done online. From initial consultation with a lawyer to hearings and the 341 meeting, debtors, creditors, and attorneys the nation over were meeting virtually. In general, this was seen as a popular shift by many parties involved. Online access to the internal workings of the courtroom may have also helped to increase overall transparency and boost public confidence in the bankruptcy process.
But now that in-person restrictions are all but a memory, is virtual filing still an option when filing for bankruptcy in Ohio? At the time, lots of folks were hoping that the convenience and availability of online filing would become a permanent option. And while it is still largely available to those filing for bankruptcy in Ohio, this arrangement hasn’t stayed in place across the board.
While most courts still allow virtual court hearings via phone or Zoom, there are some that require in-person attendance. Your Ohio bankruptcy lawyer will be able to give you the exact details regarding your local court.
When it comes to handling the procedural aspects of your bankruptcy filing, there have been and continue to be a few steps that can easily be done online. In fact all bankruptcy attorneys have been required to file bankruptcy petitions online for over 20 years now. Other online actions include:
Another type of online filing that is available for those seeking bankruptcy in Ohio is for those who opt for self filing and do not retain a bankruptcy attorney. This is also known as filing pro se. This provision, called Electronic Self-Representation (eSR), allows individuals to self-file online for bankruptcy in Ohio. This online tool helps debtors to file for chapter 7 or chapter 13 bankruptcy petitions without an attorney. The application asks questions of the individual doing the filing and then automatically fills out key forms. However, the filer is still responsible for obtaining these documents on paper and hand-delivering or mailing them to the appropriate court. Only self-represented filers–those who do not retain a bankruptcy attorney–are eligible for online filing via eSR. It cannot be used by an Ohio bankruptcy lawyer or petition preparer, business, or corporate entity.
eSR gives filers at least 45 days to complete the documentation and file their documents with the court. The online program is available 24 hours a day, making it a convenient option for some. Fees involved include the typical filing fee for a chapter 7 or chapter 13 bankruptcy case–the eSR program itself is free to use. That said, a filer will need access to the technology, equipment, and know-how to ensure that they get the results they’re looking for. A filer will still need to enroll in and complete a credit counseling program prior to filing for bankruptcy in Ohio. They will also need to have all necessary and relevant documentation on hand as these will be necessary to answer questions regarding their property, income and debts.
As Ohio bankruptcy lawyers, we use the U.S. Courts’ electronic filing system and are able to digitally submit forms on behalf of our clients. We have also created an easy-to-use online portal for clients to send us their documents, and are able to accept payment online. If you’re a client who’s interested in this option, we can make a link available via text or email that will take you to an online payment platform. Or you can opt to set up a scheduled, auto-deducted payment plan.
Online bill payment and texting are just two ways that we worked hard to bring new options to the table during what proved to be very uncertain times, and due to popularity, we’ve kept them in place. We are happy to continue serving clients with easy, tech-based solutions that help to streamline the process of filing for bankruptcy in Ohio.
A word of caution is fitting here–as you’re considering filing for bankruptcy online, remember that this is a process you do yourself, no attorney or preparer can do it for you. It’s also important to know that individuals offering petition preparation are not necessarily lawyers. Many of these individuals or entities have no legal qualifications. They will charge a fee for preparation, which only serves to increase your total bankruptcy cost. At the same time, they often have no legal background and are prohibited from offering legal advice. They also cannot actually submit documents to the court–that’s still the filer’s responsibility. So the cost here is essentially for secretarial work, not legal help.
Knowing the facts about these preparers upfront can save you from making costly mistakes while preparing to submit your bankruptcy documents. The only way that you can enjoy the respite that an automatic stay brings is by properly submitting forms and necessary documents to the court by the required date. Working with a trusted bankruptcy attorney is a way to ensure that you’re getting accurate information, sound advice, and that you have an advocate as you traverse what can be a very challenging time.
As you consider filing for bankruptcy in Ohio, know that Hausen Law is here to help. We’ll keep you updated on changing requirements and will always be sure to include you in the process. Bankruptcy is stressful enough – work with a trusted expert to simplify the experience and gain the best possible outcome.
For help with all things bankruptcy in Ohio, contact our Northeast Ohio Bankruptcy Attorneys–we’re here for you. Hausen Law is happy to serve all of Northeast Ohio, including the Akron, Canton, Cleveland, Columbus, Dayton, Cincinnati and Youngstown communities. Contact us today to set up a free consultation or to inquire about our credit counseling and credit repair programs. We can help you to successfully navigate through bankruptcy and beyond.
The information in this post is for educational purposes only. It should not be interpreted as legal advice.
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