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Virginia Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy for Virginia on
Q: Account included in bankruptcy refuses to close the debt, what do I do?

Filed chapter 7 in November of 2021, received discharge in February of 2022. All accounts were included in my discharge but one specific account basically refuses to close my debt.

James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
answered on Jul 25, 2022

If the creditor attempts to collect on a discharged debt, the debtor reopen the case and can file a show cause proceeding against the creditor for violating the discharge injunction and may recover actual damages, attorney's fees and costs, and with willful and intentional violations causing... Read more »

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2 Answers | Asked in Bankruptcy for Virginia on
Q: Account included in bankruptcy refuses to close the debt, what do I do?

Filed chapter 7 in November of 2021, received discharge in February of 2022. All accounts were included in my discharge but one specific account basically refuses to close my debt.

Timothy Denison
Timothy Denison
answered on Jul 25, 2022

Wait until they take action on it to collect, the. Sue them for violating the stay.

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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... Read more »

Elaine Jarvis
Elaine Jarvis
answered on Jun 17, 2022

I agree with what the other lawyers stated. It would make sense for you to:

1. Ask your lawyer for a written explanation of what is going on;

2. Take that letter to another lawyer for an opinion;

3. If you feel like your lawyer is defrauding you, ask for an explanation and...
Read more »

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3 Answers | Asked in Bankruptcy for Virginia on
Q: Where does the money go in a chapter 13 that creditors do not get but you listed them when you started it says they

Get 0.00$ but you have still been paying that every month where does that money go it was calculated up when you first start

Daniel Staeven
Daniel Staeven
answered on Mar 22, 2022

First, your creditors receive payments in a Chapter 13 case as distributed by the Chapter 13 Trustee in your case. Second, the creditors who have been listed on the bankruptcy schedules are not always the ones who get paid in a Chapter 13 case. The creditors must file a proof of claim to be... Read more »

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2 Answers | Asked in Bankruptcy for Virginia on
Q: SOMETHINGS NOT RIGHT ON THIS WHAT BANK SAYING..HELP ME

1 divorce way way back 24 yrs ago..a 13 medical cause.not 5.how do I fix.im alone 64 senior has destroyed my credit.NOT RIGHT INFO.WHAT DO I DO

Daniel Staeven
Daniel Staeven
answered on Oct 6, 2021

Typically, after a bankruptcy case you need to take affirmative action to build your credit. There are many ways to rebuild your credit such as a secured credit card, taking a higher interest car loan, or having a co-signer with you on a loan.

Good luck to you.

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2 Answers | Asked in Bankruptcy and Real Estate Law for Virginia on
Q: I filed for bankruptcy in TN in 2012 in TN. We bought a house in 2017 (in VA) with only my husband name on the deed.

I want to add my name on the deed now. Will my old collectors be able to put a lien on my house now? How do I know for sure that all the debts were wiped completely off with the bankruptcy?

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Apr 7, 2021

If you listed all your "old collectors"/creditors names and addresses on your prior bankruptcy schedules filed with the court, and the bankruptcy court has entered its Order of general discharge, then you're good/safe, and if any of your old discharged unsecured creditors attempt in... Read more »

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6 Answers | Asked in Bankruptcy, Immigration Law, Admiralty / Maritime and Health Care Law for Virginia on
Q: Would it be accurate to say that any attorney who passes the bar exam know about client confidentiality?
Mr. Chad Van Horn
PREMIUM
Mr. Chad Van Horn
answered on Apr 1, 2021

The answer should be yes, but unfortunately, there is a chance that an attorney that passed the bar isn't well versed in client confidentiality.

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1 Answer | Asked in Bankruptcy for Virginia on
Q: 1 million personal lawsuit involving a boat. I have not been summoned/served yet. File bankruptcy now?

J

Robert R Weed
Robert R Weed
answered on Dec 21, 2020

You definitely need to talk to a bankruptcy lawyer, now. A good lawyer will want a complete picture of your situation before suggesting the best plan.

1 Answer | Asked in Bankruptcy for Virginia on
Q: I am in Chapter 13, been in it for 2 years. I am selling my. home and moving out of state. Will i be able to keep any of

the proceeds? I am a 100% PT disabled veteran with a wife and kids.

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Dec 3, 2020

If your Ch. 13 plan has been confirmed, and I assume it has after 2 years, what you do with the assets you retained under your plan should not require an adjustment of the confirmed plan payments.

In my district, in eastern PA, the Ch. 13 trustee is proactive, and if a sale of the house is...
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1 Answer | Asked in Bankruptcy for Virginia on
Q: In filing chpt.7, listing a time share that was repossessed 5 years ago, do I file it in Form B6 D Sch D, or where?
Timothy Denison
Timothy Denison
answered on Oct 16, 2020

You don’t have to list it at all, but I’d put it under Statement of Finsncial Affairs.

1 Answer | Asked in Consumer Law, Bankruptcy and Collections for Virginia on
Q: Can Advance Financial take legal action against me, garnishment, etc?

I took an online loan from Advance Financial 24/7 10/2019 for $1250. From October to March 2020 I paid them about $325 a month. In March I enrolled with Encompass Recovery Group, a debt settlement group for payday loans. They settled (late August, early September) with Advance Financial for... Read more »

Timothy Denison
Timothy Denison
answered on Oct 2, 2020

Yes. They can sue you for anything short of your full agreement.

1 Answer | Asked in Bankruptcy, Divorce and Real Estate Law for Virginia on
Q: My ex and I filed Ch7 in 2015, mortgage was discharged. We divorced 2020 and he quitclaimed home to me.

How can I get his name off the discharged mortgage? I have the quitclaim deed and divorce paperwork showing it is mine. Im sick of him being able to access mortgage info as well as things being mailed to him from the bank. The property is in VA.

David Luther Woodward
David Luther Woodward
answered on Sep 8, 2020

You can only accomplish this by refinancing the mortgage. Now is a good time because the rates are so low.

The bank has no obligation to release the lien of the mortgage unless it was stripped in bankruptcy.

Good Luck: go see a lawyer.

d

1 Answer | Asked in Bankruptcy for Virginia on
Q: I am in CH13, filed in 2018. The exemption changed here in July to $25,000 from $5,000. Am i allowed to use the new

exemption or am i stuck pre 2020 exemption of $5,000?

Timothy Denison
Timothy Denison
answered on Sep 4, 2020

You’re stuck bc eight the pre2020 exemption.

2 Answers | Asked in Bankruptcy for Virginia on
Q: After a chapter 7 bankruptcy, if car gets repossessed does it show on credit report? Car loan was not reaffirmed.
Timothy Denison
Timothy Denison
answered on Aug 5, 2020

It should not if it was not reaffirmed, no.

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1 Answer | Asked in Bankruptcy for Virginia on
Q: I have a judgement for damage a tenant did you my rental. She filed bankruptcy and incl. my judgement can I get it remv

I want to file objection to discharge based upon willful/malicious damage of property. How difficult is it to meet the standard. If have pictures,and property mgr that would be willing to testify.

Timothy Denison
Timothy Denison
answered on Aug 1, 2020

You should hire a bankruptcy lawyer to handle it for you. You may be able to win but you need legal assistance.

2 Answers | Asked in Bankruptcy for Virginia on
Q: I have a car I'm paying for and my father is a Cosigner can I keep the car and keep paying for it chapter 7

Can I keep the car and keep making payments on it during chapter 7

Robert R Weed
Robert R Weed
answered on Jul 15, 2020

Almost always, yes.

If the car was say a 2018 Bentley and you only owed two more payments--with something like that the bankruptcy trustee would sell your car. But if you owe about what it's worth, the trustee isn't interested.

Now if your car is financed by Ford...
Read more »

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4 Answers | Asked in Bankruptcy and Banking for Virginia on
Q: Can Chase repo vehicle if credit card defaults, and car loan is paid each month?

I live in VA and have a Chase credit card and a Chase vehicle loan. If I default on my credit card, but remain up to date with my vehicle loan, can they repo the vehicle?

Timothy Denison
Timothy Denison
answered on Jun 22, 2020

Depends on whether there is a wraparound security interest in the car tied to the credit card.

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1 Answer | Asked in Bankruptcy for Virginia on
Q: if a couple gets divorced and one partner files for bankruptcy can they touch the house you both own?

The bankruptcy is for credit cards and medical bills only

Nick Curtis Thompson
PREMIUM
Nick Curtis Thompson
answered on Jun 23, 2020

The answer is yes. Of course whether or not you are in a community property state or not also effects how much a trustee can do. Basically the trustee owns the excess equity in any Chapter 7 case. Filing the case gives that equity to the trustee at the moment of filing and it cannot be undone... Read more »

2 Answers | Asked in Bankruptcy for Virginia on
Q: Will I lose my home after filing chapter 7 bankruptcy if I don't owe anything on it and it's worth $65,000?

My home is paid for and worth about $65,000. I need to file chapter 7 bankruptcy on about $60,000 worth of credit card, doctor bill and vehicle debt. My only income is $1,388/month child support. Will I lose my home? I can't afford to move out and rent.

Timothy Denison
Timothy Denison
answered on Feb 22, 2020

You may have to file a chapter 13 t protect your home completely. Consult a local bankruptcy attorney who can evaluate your situation and help you retain your home.

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