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West Virginia Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy for West Virginia on
Q: Is there any Bankruptcy lawyers in the Peterstown area?
James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 24, 2024

Finding a bankruptcy lawyer in a specific area like Peterstown, West Virginia, can sometimes be challenging, especially if it's a smaller town. However, there are several ways you can search for a bankruptcy attorney who serves that area. First, you can try conducting an online search using... View More

1 Answer | Asked in Bankruptcy for West Virginia on
Q: If a cram down in paid in full during a Chapter 13, is the loan considered paid upon a dismissal of Chapter 13?

In my Chapter 13 I had a cram down on one of my vehicles. While in the plan, the amount agreed to was paid in full. About a year later, I voluntarily dismissed my Chapter 13 and wanted to know where that vehicle stands as far as being paid off or not.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Nov 15, 2022

In a Ch. 13 proceeding, an Order of general discharge is entered upon completion of the confirmed Plan. If you dismissed before that time, no Discharge of debt was entered. As a result, upon dismissal, you were returned to the position you were in immediately prior to the filing of the... View More

2 Answers | Asked in Bankruptcy, Banking and Collections for West Virginia on
Q: What do I do if the lawyer office garnishing my bank won’t respond?

So basically I owe a psych ward a ton of money. I was sued for it. And now they are garnishing my entire bank account. I have been trying to get ahold of the lawyer company to hopefully negotiate to stop the garnishment but they won’t return my calls and their automated emails just tell me to... View More

Timothy Denison
Timothy Denison
answered on Sep 20, 2022

Get all of your money out of the bank and keep it out until you hire a lawyer and get this problem settled.

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1 Answer | Asked in Bankruptcy for West Virginia on
Q: How hard is it to file chapter 7 bankruptcy without an attorney?
Timothy Denison
Timothy Denison
answered on Feb 23, 2019

Substantially difficult and very frustrating for everyone involved. While you are permitted to file pro se, it would be much smarter to find an attorney who can help you and who will accept payments toward the fee.

1 Answer | Asked in Bankruptcy for West Virginia on
Q: Can I keep paying my student loans as usual under income-based repayment during a Chapter 13 repayment period?

I work for a government agency and am paying my loans back under IBR. I am planning to apply for student loan forgiveness under the PSLF program when I am eligible in 6 years. I want to exclude these loans from a Chapter 13 payment plan and just pay them as usual until PSLF kicks in. Can I count... View More

Timothy Denison
Timothy Denison
answered on Sep 1, 2018

Yes.

1 Answer | Asked in Bankruptcy for West Virginia on
Q: if you owe a friend money and they file with the court for a judgment or garnishment,can it be included in bankruptcy?
Cristina M. Lipan
Cristina M. Lipan
answered on Jan 10, 2018

If you owe the person who is filing bankruptcy money, it's possible that the bankruptcy trustee will seek to collect this money from you.

Information provided for informational purposes only and should not be taken as legal advice.

1 Answer | Asked in Bankruptcy for West Virginia on
Q: Can back taxes (i.e. Federal Income Tax) be included in Chapter 13?
Stuart Nachbar
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Stuart Nachbar
answered on Oct 24, 2017

Yes, you can include federal taxes owing in your Chapter 13 Plan

1 Answer | Asked in Bankruptcy for West Virginia on
Q: Other than discharge due to "undue hardship", can student loans be reduced or paid for through chapter 13?

I understand that discharging student loans is nearly impossible. You have to show "undue hardship" which is an impossible task in itself. I am more than willing to make payments but I cannot afford $1000's a month. Would bankruptcy help to (1) reduce the amount owed? (2) make my... View More

Stuart Nachbar
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Stuart Nachbar
answered on Oct 24, 2017

No it will not reduce the amount or lessen the payments, except that it will usually go into deferment, but interest and late fees still accrue, so if you do a 13, continue to make some sort of payment to cover that

1 Answer | Asked in Bankruptcy for West Virginia on
Q: $21,000 cc debt and $9,000 car loan. Only income is SSDI $1,100 a mth. Child support of $600 in 3mths. Best option?
Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Jul 8, 2017

Looks like you be a candidate for a Chapter 7.. SSDI is exempt from the Means Test, so you should be good

1 Answer | Asked in Bankruptcy for West Virginia on
Q: How many times can a person file bankruptcy in one year
Andrew Bresalier
Andrew Bresalier
answered on Feb 18, 2014

A: Filing date to filing date for a chapter 7, you must wait until 7 years expires. So if you filed a chapter 7 on January 01, 2000, you must wait until January 02, 2007. However, if a Discharge was not entered, generally a matter is Dismissed with Prejudice, which means they cannot refile for at... View More

1 Answer | Asked in Bankruptcy for West Virginia on
Q: I am facing foreclosure on my only home can I file bancruptcy to avoid being thrown out of my home?
Andrew Bresalier
Andrew Bresalier
answered on Feb 18, 2014

A: Filing a Bky will Stay (Stop) a foreclosure; however, unless you file a Chapter 13, which requires payments, your time will be very limited. Additionally, Debt is not the only thing to look at when considering Bky. Income must be examined to confirm you pass the Means Test (income is compared... View More

1 Answer | Asked in Bankruptcy for West Virginia on
Q: When filing chapter 7 bankruptcy in W. Virginia after have moved from another state where could I be directed?

I am sort of a student at law ( Paralegal) I could do my own bankruptcy my only question or issue would be the duality of the jurisdiction. Though no debt would be or would have been incurred in the current state.

Andrew Bresalier
Andrew Bresalier
answered on Feb 18, 2014

A: Jurisdiction is determined where you have resided for the last six months. However, exemptions are determined via a 522 examination, which requires reviewing where you resided for the majority of time over the last few years. If you are a law student, I strongly suggest you delay your filing,... View More

1 Answer | Asked in Bankruptcy for West Virginia on
Q: Can an abstract of judgement for car repossession deficiency balance be renewed by creditor after Chapter 7 Discharge?
Andrew Bresalier
Andrew Bresalier
answered on Feb 18, 2014

A: Generally, NO. Such a debts from prior to filing should be dischargeable, unless the granting of credit was based upon fraud. If they attempt to collect, you should advise your attorney, as they could be liable for sanctions.

1 Answer | Asked in Bankruptcy for West Virginia on
Q: Can Bankruptcy chapter 7 discharged in December of 2004 be removed from my credit report Credit Bureau said it take 10 y
Andrew Bresalier
Andrew Bresalier
answered on Feb 18, 2014

It takes 10 years. It cannot be properly removed. Anyone who tells you they can remove it is a suggesting improper/illegal activity. If they do get it removed, it will only be temp. and will reappear.

1 Answer | Asked in Bankruptcy for West Virginia on
Q: How do you find out if a company really filed bankruptcy? or just changed names?
Andrew Bresalier
Andrew Bresalier
answered on Nov 8, 2011

Sign up for PACER at the District Court for the respective jurisdiction. This is a free service, as long as you use less than $10 of services per calendar quarter. Once signed in, if a case was filed in that jurisdiction, you should be able to review it.

1 Answer | Asked in Bankruptcy for West Virginia on
Q: Will I LOSE MY HOUSE IF I DO BANKRUPCY?
Andrew Bresalier
Andrew Bresalier
answered on Nov 8, 2011

This depends on if you are in arrears, the specific chapter you file and the exemptions available in your state. Most attorneys offer a Free Initial Consultation, during which this issue would be addressed.

1 Answer | Asked in Bankruptcy for West Virginia on
Q: If my husband is going to file bankruptcy do I have to also?
Andrew Bresalier
Andrew Bresalier
answered on Feb 18, 2014

A: No, married people can file Bky individually; however, if you work, your income and paystubs must be disclosed.

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