Daniel Frank Gigiano Esq

Attorney Gigiano has practiced law since 1993 and has been the owner of Daniel F. Gigiano Co., L.P.A. since 2002. He provides aggressive and experienced legal representation for family law, criminal defense, juvenile law, personal injury, bankruptcy, probate and estate planning. Because he provides legal representation in a number of area, he can meet all the legal needs of his clients. By building a trusted relationship with his clients, he becomes a valuable resource for his clients in an important way: if the client has a legal need that Attorney Gigiano does not handle, Attorney Gigiano helps his clients find other qualified attorneys to handle that legal issue.

• Bankruptcy
• Criminal Law
• Divorce
• Family Law
• Personal Injury
• Juvenile Law
• Construction Law
• Estate Planning
• Business Law
• Domestic Violence
• Elder Law
• Foreclosure Defense
• Landlord Tenant
• Traffic Tickets
• Probate

• General Civil

• Free Consultation
  Free Initial 30 Minute Consultation
• Credit Cards Accepted
  Visa, MasterCard and Discover
• Contingent Fees
  Personal injury is handled on a contingent basis.

Ohio

6th Circuit

Attorney

Larry Luck & Associates

2000 - 2000

Attorney

Roderick Myers & Linton

1999 - 2000

Assistant Public Defender

Summit County Legal Defender Office

1999 - 1999

Assistant State's Attorney

Macon County State's Attorney's Office

1997 - 1999

Full Time Guardian Ad Litem

Cook County Public Guardian's Office

1996 - 1997

Assistant State's Attorney

Will County State's Attorney's Office

1993 - 1996

Loyola University Chicago School of Law

J.D. (1993) | Law

1990 - 1993

Honors: Dean's List

University of Illinois - Urbana-Champaign

B.A. (1990) | Political Science/Business

1986 - 1990

Honors: Magna Cum Laude

Ohio State Bar

Member

Current

Ohio State Bar

Current

Medina Bar Association

Current

Akron Bar Association

Current

Q. At what age can a minor decide the custody of themselves?

12 November 2016

A: There is no set age. At some point, minor children begin to possess the maturity to intelligently make such decisions based on relevant reasons. Younger children may make such decisions based on arbitrary reasons such as who will give them more ice cream or out of fear of rejecting a parent. An older child may consider which parent is more likely to ensure that they regularly attend athletic and other extracurricular activities, which parent may provide consistent wholesome meals, and a more pleasant home life. Of course, even older children can be swayed by material things and fear. This is why it is a good idea to have a guardian ad litem appointed to the child, who can learn the child's wishes and determine whether such wishes are in his or her best interests.

Q. I refused breathalyzer and got hit with one year als for refusal. Is it possible to reduce it to 6 months?

12 November 2016

A: The ALS is for one year. However, once one pleas guilty or no contest to or is found guilty of DUI/OVI, the judge cancels the ALS suspension and can impose as little as six months license suspension. The judge could impose more than one year, too. My experience is that many judges simply impose a six month license suspension. I noticed that you are from Michigan. These suspensions apply to people with Ohio driver's licenses. Out of state driver's licenses can wind up being subject to the license sanctions in Ohio plus their own state. Because the licensing schemes may not match up well, these sanctions can wind up being quite extreme. In some states, an Ohio OVI conviction can result in a complete revocation of one's driver's license.

Q. Can a creditor attempt to collect a debt that was filed as "Avoid lien using 11 USC 522 (f) after a Ch. 7 discharge?

12 November 2016

A: You should send them a copy of your bankruptcy discharge notice. The creditor's attorney may only be looking in Ohio federal courts, instead of the national database. If they continue to pursue you after sending them the notice, you may be entitled to damages for violation of your rights acquired through bankruptcy. One possible exception is if they are pursuing their lien rights. If you properly avoided the lien, they lost that right. If not, they may still be permitted to pursue that, and only that, remedy.

Q. can wife file bakruptcy and not affect me?

12 November 2016

A: Your wife's bankruptcy will not affect your credit. As long as you can apply for a loan without having to list your wife's income, you should be able to rely on your own creditworthiness. However, if she transferred ownership of any property to you recently, the bankruptcy trustee may seek to take those things from you. You should consult with a bankruptcy attorney and review whether there are any pitfalls in filing an individual bankruptcy.