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Questions Answered by Robert R Weed
1 Answer | Asked in Bankruptcy for Virginia on
Q: If I have large student debt ($160K) do I still have to do means test? I know loans won't be discharged.

I know I can't discharge them, but if I have a large amount of student debt as noted, do I still have to do the means test in Virginia?

Robert R Weed
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Robert R Weed
answered on Aug 17, 2017

It's unfair but having a student loan does not, at least in this court, help you pass the means test. Some judges look at it as a special circumstance but not here.

1 Answer | Asked in Small Claims, Collections and Consumer Law for Virginia on
Q: Can a collection agency sell your account after it has served a warrant in debt on you?

My friend was served a warrant in debt about a month ago. He has sense received another letter from a different collection agency for the same account. But the amount is less than the original one.

Robert R Weed
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Robert R Weed
answered on Jul 23, 2017

He should go to court, for sure, on the warrant in debt, and ask for a trial. On his grounds of defense and at the trial he should say the outfit on the warrant in debt does NOT own the debt. And show that letter. That SHOULD make him a winner at the court date.

1 Answer | Asked in Bankruptcy for Virginia on
Q: If i do a ch.13 in Virginia and later can't make the payments can i go to jail or what happens?ty
Robert R Weed
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Robert R Weed
answered on Jul 23, 2017

You just get thrown out of Chapter 13. that leaves you wherever you were before the Chapter 13.

1 Answer | Asked in Bankruptcy for Virginia on
Q: in VA not eligible for discharge of my recent Ch 13 case, this year filed in 2013. I had a Chapter 7 in 2009

Ok I just recently completed a Ch 13 case in Virginia this year that was filed in 2013. Before that I had a Ch 7 case discharged that was filed in 2009. The court told me I'm not eligible for a discharge for the 13. Could I still be liable for debts that were in my Ch 13 now that the repayment... View More

Robert R Weed
PREMIUM
Robert R Weed
answered on Jul 23, 2017

To have a discharge in Chapter 13 you needed to be four years past the filing date of the Chapter 7; you gave us the year but not the exact date. You may have missed it by only a few weeks or months.

Meaning, unless you paid 100% of those debts, you are still liable.

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