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Questions Answered by Bernard S. Via III
3 Answers | Asked in Bankruptcy and Consumer Law for Virginia on
Q: What would happen If I leave my job and collect social security and a small pension and stop paying all unsecured debt?

65 years old. Live in Virginia. Own home with mortgage and would keep current on payments. Own one car with no loan. No savings.

Would I be judgement proof?

My home equity is $300K. But isn’t a primary residence exempt from unsecured debt creditors?

Bernard S. Via III
Bernard S. Via III
answered on Nov 27, 2023

You should talk with a bankruptcy lawyer in the state you reside. Whether you can file a ch. 7 and hang on to your house is questionable. Most states do not allow you to retain a large amount of equity. VA. looks at tenancy by entirety ownership and whether your wife is a joint creditor with you.... View More

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1 Answer | Asked in Bankruptcy for Virginia on
Q: Can I file bankruptcy in Colorado?

I spoke to an attorney from New Mexico and he suggested I file bankruptcy in Colorado where I live most of the time. He advised me that it may be possible to file bankruptcy in Colorado under the Homestead Laws for a lien filed from an inaccurate boundary survey judgment. I have questions and need... View More

Bernard S. Via III
Bernard S. Via III
answered on Aug 8, 2023

Your residency is more where you intend to reside as where you actually spend time. There is a legal footprint of your residency. Where you vote, where you keep most of your assets, what you give out as your address, driver's license, car registrations. I think you confuse the issue of where... View More

3 Answers | Asked in Bankruptcy and Immigration Law for Virginia on
Q: How will prior year taxes in repayment affect my spouse's naturalization interview outcome?

I am a U.S. citizen currently in a Ch 13 bankruptcy. My spouse is not included as a debtor. I am the primary listed on the joint returns. We have no unfiled returns. My spouse has a naturalization interview coming up, and we want to know how these taxes in repayment will affect the outcome of the... View More

Bernard S. Via III
Bernard S. Via III
answered on Apr 12, 2023

11USC525 a says "a governmental unit may not deny, revoke, suspend, or refuse to renew a license, permit, charter, franchise, or other similar grant to, condition such a grant to, discriminate with respect to such a grant against, deny employment to, terminate the employment of, or... View More

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4 Answers | Asked in Bankruptcy for Virginia on
Q: I have unsecured debt (CC) and a secured debt (auto) with same lender. May I reaffirm the secured, dismiss unsecured?

Auto has a few thousand dollars in equity which I think is exempt. I recall there being an issue with both types of loans with the same lender. If so, is it a state law specific to Virginia?

Bernard S. Via III
Bernard S. Via III
answered on Feb 15, 2023

I agree that cross collateralization muddies the issue. Yes you can reaffirm the secured debt but may find the value of the car makes some of the unsecured debt secured which may have reaffirm a small portion that now is secured by a value greater than the secured car loan to the value of the car.... View More

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3 Answers | Asked in Bankruptcy for Virginia on
Q: My family member filed for bankruptcy. His case was closed and then given to another lawyer who sued him for the same

Debts. He paid him 100,000 not to lose his house. The lawyer ( trusty) and his wife came in to short sell my brothers and his families house. He thought the case was closed. He is now suing him for the third time and his LLC which is my mothers land and property. This is occurring in the Eastern... View More

Bernard S. Via III
Bernard S. Via III
answered on May 23, 2022

WEll there must be more to the issue and a lot of questions remain open. Was there a fraudulent conveyance to LLc. Was there a final short sale to the attorney or was the title a fraud in transfer. Was this ch 7 11 13 or ch 5. You really need an experienced bankruptcy lawyer next to a real estate... View More

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1 Answer | Asked in Consumer Law for Oklahoma on
Q: I have a remaining balance of 1,400 on signature lone and I can’t pay on it anymore what do I do

I have medical things that need done but can’t even afford the copays

Bernard S. Via III
Bernard S. Via III
answered on Jun 3, 2021

If you are so far in debt and your income is limited you have an absolute right to file a chapter 7 bankruptcy (8 yr between bankruptcy filings). I have a cut off of around $10,000 in debt as when a person really needs to follow up with bankruptcy. If you do not pay they sue you and garnish your... View More

4 Answers | Asked in Bankruptcy for California on
Q: I owed $425k on my house . its value is around $1.4 million. My son needs $200k to start a business so i'm refinancing .

So my new mortgage is $640k . If my son formed a llc. My question is if he by chances get sued for a lease hold or food poisoning .. God forgive. Can landlord come after our house? How can I protect most of my interest of the house.

Dave

Bernard S. Via III
Bernard S. Via III
answered on Jun 3, 2021

I think you want to keep your son's business away from your house title. Increasing your loan on the house does not cause exposure to his creditors. One thing ,make sure your son has no interest ( like a remainder) interest in your house.

Just because you help your son get funds for...
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6 Answers | Asked in Bankruptcy and Contracts for California on
Q: What if a defendant files for personal or biz bankruptcy before making all the payments of a settlement payment plan?

This is if both the defendant and attached business are named in the settlement. There would be a stipulation for entry of judgment attached to the settlement. The concern is the defendant defaulting and possibly filing bankruptcy prior to making payments.

Bernard S. Via III
Bernard S. Via III
answered on Jun 3, 2021

Under a ch. 7 filing you file a claim for the full amount you were owed. You will not get that from the bankruptcy Trustee as he has to split the pie with his fee and the other creditors. The settlement agreement may be interpreted as paying off a lump sum. When the bankruptcy says the debt is... View More

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