Portsmouth, VA asked in Bankruptcy for Virginia

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?

Related Topics:
2 Lawyer Answers
Mr. Chad Van Horn
PREMIUM
Mr. Chad Van Horn
Answered
  • Bankruptcy Lawyer
  • Fort Lauderdale, FL

A: No. The case would have to be converted in South Carolina. You also could dismiss the 13 and file a 7 in VA. You should meet with a VA bankruptcy attorney to discuss your options.

Robert R Weed
PREMIUM
Robert R Weed
Answered
  • Bankruptcy Lawyer
  • Annandale, VA
  • Licensed in Virginia

A: 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 what advantages you would lose by getting into Chapter 7 instead.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.