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Questions Answered by Robert R Weed
3 Answers | Asked in Bankruptcy for Virginia on
Q: Can I go bankrupt if I am married

I don't have joint anything

Robert R Weed
Robert R Weed answered on May 28, 2018

Yes, you can file bankruptcy without involving your spouse. However you are still required to show income eligibility on a whole family budget. (In states that have a connection with Spanish law, like California, the debts of one are the debts of both, while you are married.)

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1 Answer | Asked in Contracts and Consumer Law for Virginia on
Q: I signed a contract with a dealership, said they made a mistake and need to resign contract, the time limit expired and

Now I have to have a co-signed or cough up extra 2,200 or else they will take my car. I returned car. I was going to get refunded my downpayment but they want to charge me $900. Technically there’s no contract right? What do I do I had no idea about the time frame or deadline of having to resign... Read more »

Robert R Weed
Robert R Weed answered on Apr 26, 2018

This is called a yo-yo sale scam and it's very common.

Lawyers who specialize in car dealer fraud see this a lot.

One place to look for lawyers who do that kind of work is here. https://www.consumeradvocates.org/find-an-attorney. Good luck!

2 Answers | Asked in Bankruptcy and Collections for Virginia on
Q: Would filing a homestead deed protect my motorcycle?

I have car fmv at $ 4575 and motorcycle fmv at $ 2310. I am "collection proof" regarding all other assets.

Robert R Weed
Robert R Weed answered on Apr 21, 2018

Yes. You are allowed $6000 for motor vehicles, which you can split. $4575 on the car, leaving $1425 for the motor cycle. Then you are right that the Virginia "homestead deed" can cover the rest of the bike.

Since your assets are all exempt, you might consider savings money to...
Read more »

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1 Answer | Asked in Collections and Bankruptcy for Virginia on
Q: I am "collection proof" and would like to protect my motorcycle from levy. Would a VA homestead deed do this?

Other assets are covered as exemptions. No home and only receive social security payments.

Robert R Weed
Robert R Weed answered on Apr 20, 2018

You are allowed a $6,000 exemption for a Motor Vehicle which would count a street bike. Have you used that up on a car?

1 Answer | Asked in Bankruptcy for Virginia on
Q: What types of property are exempt after filing for bankruptcy in Virginia?
Robert R Weed
Robert R Weed answered on Apr 15, 2018

Take a look at Code of Virginia 34-26. And 34-4.

1 Answer | Asked in Consumer Law for Virginia on
Q: I currently have a garnishment. I missed the first court date due to the creditor had the wrong address.

I owe the money, but can the garnishment be stopped?

Robert R Weed
Robert R Weed answered on Mar 25, 2018

If you can PROVE to a judge that the papers for the first court date went to an address that you can PROVE you didn't live at during that time, then the judgment is not valid and they need to start over.

Virginia Judges are not quick to throw out bad judgement. Also the Judge is...
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1 Answer | Asked in Bankruptcy and Landlord - Tenant for Virginia on
Q: If two people are on a lease can the total debt resulting from unlawful detainer be relieved by bankruptcy of only one?

The debt was assigned in court by default judgement. Can such a judgement be included or removed in a bankruptcy? Will other tenant be held responsible if entire debt is included with just one party filing bankruptcy?

Robert R Weed
Robert R Weed answered on Mar 21, 2018

Bad news. If one party to the lease files bankrutpcy, the other will still be liable to the landlord for the whole amount.

1 Answer | Asked in Bankruptcy for Virginia on
Q: I currently live and work in China, but want to file bankruptcy in the US. How can I start?

I teach English in China and get paid in Chinese Yuan, but I don't have any US tax forms (W-2/W-4) or anything since those are not used here. I've lived in China since September 9, 2017, so it's been more than 180 days since I've lived in the States. I'm going to live in... Read more »

Robert R Weed
Robert R Weed answered on Mar 15, 2018

You are allowed to file for bankruptcy in your domicile, which is the place you plan to "remain."

It sounds like you have NOT left the US for good, so you have some sort of US domicile.

To put it differently, your if you didn't leave the US permanently, your domicile...
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1 Answer | Asked in Bankruptcy for Virginia on
Q: Due to my wife losing her job and having medical issues we are going to file Chapter 7 in Virginia

Due to my wife Having major medical issues and losing her job we are filing chapter 7 in Virginia can we keep our Timeshare based on pointsThrough Windham thanks we pay maintenance fees we owe no money

Robert R Weed
Robert R Weed answered on Mar 7, 2018

I've never seen the bankruptcy court try to take and sell those timeshare.

1 Answer | Asked in Bankruptcy for Virginia on
Q: Will Bankruptcy court take 401K and Money Markets?

Currently in Chap 13 lost jobs want to convert to Chapter 7 will court take 401K and Money Market accounts to pay creditors?

Robert R Weed
Robert R Weed answered on Mar 5, 2018

What does your lawyer say? They cannot touch the 401k. Depends on how much you have in the money markets and what else you have anywhere.

2 Answers | Asked in Bankruptcy for Virginia on
Q: We have Chap 13 in SC now live in VA and I lost my job can we convert to Chap 7 here in VA?
Robert R Weed
Robert R Weed answered on Mar 5, 2018

You can convert to Chapter 7, but you would still be under the court in SC. To be under the court in Virginia, you'd need to dismiss the SC case and start a new one here.

Either way, a lawyer needs to look at your SC Chapter 13, figure out why you were in Chapter 13 to begin with, and...
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1 Answer | Asked in Bankruptcy, Consumer Law and Divorce for Virginia on
Q: I live in Alexandria Virginia but I need to file bankruptcy to save my home in Louisiana. I need help very badly

All of our belongings are in there and sell date is late March

Robert R Weed
Robert R Weed answered on Feb 17, 2018

OK Bankruptcy filed where you live covers all the property you have anywhere in America, so you need to talk to a bankrutpcy lawyer in Northern Virginia.

1 Answer | Asked in Consumer Law for Virginia on
Q: Hi, we have fallen 78 behind on our second mortgage. Want to make full del. Payment, but lender will not accept paymen

Payment. They have locked all of our accounts so that the only way to pay is through a collection manager. She has nor returned my calls. We have not received a demand letter or notice of default.

Robert R Weed
Robert R Weed answered on Feb 17, 2018

What happens if you just mail in the payment!

2 Answers | Asked in Bankruptcy for Virginia on
Q: My bankruptcy will be final on the 26 of Feb. my car will be taken so I need to purchase another cheaper.

CAN THEY TAKE THE ONE I PURCHASE ALSO?

Robert R Weed
Robert R Weed answered on Feb 17, 2018

Like Stuart, I'd prefer you wait until your BK is final. That's only next week. But you can pick one out now.

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1 Answer | Asked in Bankruptcy for Virginia on
Q: Can you file for chapter 11 or chapter 13 if you own an investment portfolio?

Not trying to evade debt. Long illness has led to the necessity to pay off credit cards without high interest before deleting all reserves

Robert R Weed
Robert R Weed answered on Feb 7, 2018

If you propose to pay everybody in full in Chapter 13, then your investment portfolio would NOT be affected. You should definitely talk to an experience lawyer in your area to be sure that a 100% Chapter 13 is your best course of action.

1 Answer | Asked in Bankruptcy for Virginia on
Q: If a proof of claim is filed and then a motion to lift stay can a proof of claim be filed again if the motion is denied?

I have filed a proof of claim in bankruptcy court and conremplating filing a motion to lift stay as a tort claimant against former employer for assault and battery by supervisor. If the motion to lift stay is denied can a proof of claim be filed again?

Robert R Weed
Robert R Weed answered on Jan 27, 2018

If you have a claim against a former employer for assault and battery by a supervisor, you need a lawyer. Maybe two lawyers. One to protect your rights in the bankrutpcy court, and one to fight for you on the tort claim. Trying to handle those yourself is a real chance to miss deadlines and... Read more »

1 Answer | Asked in Bankruptcy for Virginia on
Q: Will the tsp affect his bankruptcy ?

My husband is trying to file a chapter 7 bankruptcy . I want to withdraw my tsp from a previous employer. The paper he has to sign for me to withdraw acknowledge that he has no rights to it. Will it affect him signing the tsp?

Robert R Weed
Robert R Weed answered on Jan 26, 2018

Please, please, please do NOT encourage your husband to file a Chapter 7 bankruptcy "on his own." If you mean without a lawyer. There are many many mistakes he could make.

1 Answer | Asked in Consumer Law, Bankruptcy and Collections for Virginia on
Q: If a creditor is trying to garnish wages do I have any exemption rights if I am head of household or have dependents?

There is a garnishment that could take place and they could possible take the max 25% which would prevent me from taking care of my children and myself.....i was reading about head of household exemptions and did not know if VA recognized this and if so what would the qualifications be for this.

Robert R Weed
Robert R Weed answered on Dec 20, 2017

You have the right under Virginia Law, code of Virginian 34-4, to get back form a garnishment $5000 plus $500 for each dependent. But they will just turn around and garnish you again.

The only judge who cares whether you can take care of yourself and your children is the bankrutpcy judge....
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2 Answers | Asked in Banking, Civil Litigation, Consumer Law and Contracts for Virginia on
Q: Put down deposit on new car and opened a loan for the remaining balance. Loan doesn't exist according to bank (VA).

We purchased a used 2017 SUV for just under $18,000. We put a $4,000 deposit down and financed the roughly $14,000 remainder. We were pre-approved through Capital One's auto loan program. The dealership ran our pre-approval and finalized our loan. Our first payment is supposed to be due the... Read more »

Robert R Weed
Robert R Weed answered on Dec 20, 2017

To answer that question better I'd need to see what papers you signed at the dealership. This could be a screw up and it could be a scam to try to cheat you out of your $4000 down payment.

You need to talk to a lawyer who specializes in car loan and car dealer law. One place to look...
Read more »

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1 Answer | Asked in Consumer Law and Collections for Virginia on
Q: My mom was served for 12000 credit card debt to BOA, papers sent to bro's house, we do not live there. How to proceed?

The court date is a couple weeks away, just found out. I am POA and full-time caregiver for mom (she has dementia), we live in her house, she gets SS and small pension, no assets other than house. Could offer 3k lump sum to settle, but is that the right move? Do I even need to worry about her... Read more »

Robert R Weed
Robert R Weed answered on Dec 7, 2017

Well, they can attach a lien to the house. This is important enough to talk to a Consumer lawyer. National Association of Consumer Advocates is one place to look.

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