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Virginia Bankruptcy Questions & Answers
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
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 »

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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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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2 Answers | Asked in Bankruptcy for Virginia on
Q: which one is a better option for applying for new job? Declaring bankruptcy or getting debts settled?

I have a total 40K debt. I have 10K car loan left which I have never missed a payment. But I am no longer able to pay my credit cards after losing my job which is 30K and they are all charged off. I am about to finish a course and try to land on software engineering job. But I do have concerns.... Read more »

Timothy Denison
Timothy Denison answered on Feb 13, 2020

Consult a bankruptcy petitioner near you to discuss your options. Depending on the amount of equity you have in the property, you may need a Chapter 7 or 13.

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2 Answers | Asked in Bankruptcy for Virginia on
Q: I am under chapter 13 bankruptcy and was fired from my job but received unemployment benefits. Now appealing

Am I protected in any way?

Timothy Denison
Timothy Denison answered on Feb 8, 2020

Not from the firing. If you lose appeal, you can petition court to reduce Ch 13 payments.

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1 Answer | Asked in Bankruptcy, Immigration Law and Business Law for Virginia on
Q: The JCE in an EB-5 case is terminated during I-526. Will our case be denied? Can I get back my money? What should I do?

The LLC that we have invested fund in our EB-5 case, has terminated. Our case is still waiting on response from USCIS for I-526. The case has been received in 2016 and I don't know when the company is terminated.

Timothy Denison
Timothy Denison answered on Feb 3, 2020

Consult an immigration attorney immediately.

1 Answer | Asked in Bankruptcy for Virginia on
Q: When can i file bankruptcy again? My first one was discharged Nov 30th 2011.

I had a heart attack Jan 2018 that resulted in a pacemaker i filed for disability but was denied. I got behind on credit card bills. I was out of work for 4 months. I only work 32 hrs a week. I have been served with debt warrants to go to court. What can i do? Please help.

Timothy Denison
Timothy Denison answered on Oct 29, 2019

11/30/19 is your date. Every eight years.

2 Answers | Asked in Bankruptcy for Virginia on
Q: Trying to find a lawyer, for bankruptcy, scammer ran up credit cards to about $70.000, only income is my SS of $1100,

I need a lawyer that can help me, I am a widow living on Social Security, and scammer /fiancee, ran credit cards 4 of them up to $70,000, he would pay the cards off, get credit again, and month later, credit card companies would send out a rejected payment because of closed accounts,

He... Read more »

Robert R Weed
Robert R Weed answered on Sep 23, 2019

Sadly, we see that scam a lot. Where in Virginia are you located. If you are in Northern Virginia I'd be glad to help.

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1 Answer | Asked in Bankruptcy for Virginia on
Q: is the new Haven act retroactive or does a veteran need to move to dismiss their case and refile?
Timothy Denison
Timothy Denison answered on Sep 20, 2019

You should. Not have to refill unless your particular district requires it.

3 Answers | Asked in Bankruptcy and Probate for Virginia on
Q: Our mother died recently and some of her estate is in probate and they asked us if any of us have declared bankruptcy.

Bankruptcy Record

Filed for Bankruptcy in Il: Reorganization (#1203036) Jan. 30, 2012

Bankruptcy Record

Filed for Bankruptcy in Ny: Liquidation (#0368257) Dec. 8, 2003

How do we find out if there are still creditors looking for payment? We are just interested, I... Read more »

Richard Sternberg
Richard Sternberg answered on Aug 10, 2019

I don’t understand what you are asking. First off, I don’t understand how “part” of an estate is in probate. All probate assets should be identified in the Inventory. If some of your inheritance is outside of probate in life insurance, funds naming a beneficiary, or joint titles with rights... Read more »

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1 Answer | Asked in Bankruptcy for Virginia on
Q: I paid lawyer to file my chapter 13 bankruptcy..he will not file a petition..what should I do?
Timothy Denison
Timothy Denison answered on Aug 9, 2019

Fire him, demand a refund and hire a new lawyer.

5 Answers | Asked in Bankruptcy for Virginia on
Q: I've been called by a debt collector for an amt. that was charged off in my bankruptcy; may I give them the case #?

They've been harassing my entire family for info; even contacting my ex sister-n-law.

Mr. Chad Van Horn
Mr. Chad Van Horn answered on Jul 9, 2019

Yes. Give them your case number and discharge order. Also, if you have the schedules that show they were listed as a creditor you can send that as well. If they continue, speak to your bankruptcy attorney and they can go after them for a discharge violation.

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3 Answers | Asked in Bankruptcy for Virginia on
Q: Can I file bankruptcy and add an agreement that I had with my previous employer on a loan
John Martin Hilla
John Martin Hilla answered on Jul 3, 2019

First, you should consult with an experienced bankruptcy attorney in your local area in a private consultation your interest in filing for bankruptcy to determine eligibility, asset protection issues, and whether or not it is the best option for you.

That said, any sort of loan or...
Read more »

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2 Answers | Asked in Bankruptcy for Virginia on
Q: I am interested in filing chapter 7 bankruptcy. Can you still keep your home and car?
Timothy Denison
Timothy Denison answered on May 29, 2019

Possibly under Chapter 7 and absolutely under chapter 13. Consult an experienced bankruptcy practitioner to help you.

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1 Answer | Asked in Bankruptcy, Consumer Law and Contracts for Virginia on
Q: Car was repoed and sold. No presale notice was sent to me only the deficiency balance. Do I gave any recourse?

The car was purchased in California but repoed in Virginia where I had moved to a few months earlier. It was charged off before being repoed

Timothy Denison
Timothy Denison answered on May 24, 2019

You may have recourse against the seller if you can prove they did not comply with the notice provisions of the statute.

3 Answers | Asked in Bankruptcy, Consumer Law and Contracts for Virginia on
Q: Car was repoed and sold. No presale notice was sent to me only the deficiency balance

The car was purchased in California but repoed in Virginia where I had moved to a few months earlier. It was charged off before being repoed

Timothy Denison
Timothy Denison answered on May 23, 2019

If you didn’t receive notice, you may have recourse again the lender.

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3 Answers | Asked in Bankruptcy for Virginia on
Q: Can a creditor come for you and garnish wages from 10+ years ago that hasnt shown on crefit report for some time?

No notification was received however recently received court summons of garnishment with date of Sept and garnishment was started last week.

Timothy Denison
Timothy Denison answered on May 23, 2019

Yes, unless the debt has been satisfied or discharged.

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2 Answers | Asked in Bankruptcy for Virginia on
Q: Can i file for banckruptcy while i am in the philippines?

Can i file for banckruptcy ( without losing my house) while i am in the philippines? Or can i authorize my dad to do the process while im out of the country? And will it affect my application of child custody?

Robert R Weed
Robert R Weed answered on May 2, 2019

After you send the papers to the court, you are required about a month later, to show up in person to answer questions. Usually you can get permission for a call in if you are on assignment for the US Government; other approval is tough.

When are you planning to be back?

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