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Virginia Bankruptcy Questions & Answers

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 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 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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2 Answers | Asked in Bankruptcy for Virginia on

Q: If my car loan was never reaffirmed and it shows closed VIA chapter 7 from 2 years ago, can I legally hand over the key

I filed chapter 7 two years ago and found out today it was never reaffirmed

Robert R Weed answered on Apr 23, 2019

If you are sure you never reaffirmed the car--and haven't refinanced it since--then yes, you can turn over the key, not owe any money and not ding your credit.

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2 Answers | Asked in Bankruptcy for Virginia on

Q: Hello, I have a chapter 13 case and I fell behind in my mortgage payments so I received a motion to lift the stay

the hearing is for this wednesday april 17th in Alexandria Va. I am currenty 2 months behind and my attorney filed for an amended plan but I have no consent yet from the bank's attorney .....

My question is: what should I expect if the bank's attorney does not want to consent?

I am... Read more »

Kevin M Rogers answered on Apr 15, 2019

You will be fine. THAT’S what Chapter 13 is for. It would be a different matter if the Mortgagee could prove that your house had NO equity. Because it is the equity in your house that the court will find is necessary for your rehabilitation.

Your lawyer will amend your Plan, adding a...
Read more »

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2 Answers | Asked in Bankruptcy for Virginia on

Q: I filed chapter 7 bankruptcy but current vehicle didnt get put on and now im in charge off status. Repo?

I didnt put this car on my bankruptcy or sign the affirmation agreement and they keep saying by law they cant contact me about the account or the vehicle now i can only trade it or pay the charge off but can they really come pick it up because its not even on my credit report anymore when i did try... Read more »

Bruce Alexander Minnick answered on Apr 5, 2019

If you did not re-affirm the debt underlying your car loan during your bankruptcy the car should have been sold as one of your assets and the underlying debt discharged--or possibly paid by the lender. Ask the trustee or your BR lawyer.

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1 Answer | Asked in Bankruptcy for Virginia on

Q: See additional details

Ex husband and I divorced approx 8 years ago. Property settlement awards him our home with the stipulation that if he ever sells i am to receive half of the equity. If he sells the home, pays me my court ordered share of the equity then files Ch 7 bankruptcy is my portion of the equity in... Read more »

Timothy Denison answered on Mar 26, 2019

You are probably safe, depending g on the exact wording of the agreement, but you should hire an attorney to review and file if necessary.

1 Answer | Asked in Bankruptcy for Virginia on

Q: My mortgage lender shows that I owe additional money, I have paid all payments, I have never been late. I can prove this

Chapter 13 Bankruptcy Question. Is the lender required by VA law to show me how they came to this conclusion? I'm I entitled to a full accounting of all payments received by the lender?

Timothy Denison answered on Feb 26, 2019

Yes. You are entitled to a full accounting on the account. You might want to consult a lawyer about s Condumer Protection Act claim against them.

2 Answers | Asked in Bankruptcy for Virginia on

Q: can I buy airline tickets with my tax return during a bankruptcy for child visitation purposes?

I’m worried about losing our tax return.

Timothy Denison answered on Feb 26, 2019

Consult your lawyer. If you have exempted your tax return when you filed, you should be able to use it for anything you want.

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2 Answers | Asked in Bankruptcy for Virginia on

Q: my chapter 13 was dismissed and had to file another one to keep my home, does the second one plays by the same rules?

my first one was dismissed because I was behind on my mortgage payments and just wondering if the second case is under the same rules or have stricter rules.....just want to make sure

Thanks for any advice I can get

Chapter 13 filed in Virginia

Timothy Denison answered on Jan 29, 2019

Yes. Same rules. You can put your house arrears into the plan and you will have two years to pay them off (as well as the current payment), but yes, same rules. You should consult an attorney who can help you substantially.

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3 Answers | Asked in Bankruptcy for Virginia on

Q: I have a judgement from July 2011 and was granted a discharge in December 2011. How do I get the judgement off my file?

The judgement is attached to my credit report. I am trying to figure out how to get it off.

Robert R Weed answered on Dec 17, 2018

Sorry I don't know if the problem is that the judgment shows on your credit report, or that the judgment is attached to real estate you owned in July 2011 that you still own.

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1 Answer | Asked in Bankruptcy for Virginia on

Q: I am in the process of filing for bankruptcy. Am I able to include an over payment of SNAP benefits in my bankruptcy?

The over payment was an error on my part, or a fraud as social services says. This was from 2015. I was receiving SNAP benefits up until 06/18. During this time I was receiving benefits they were taking a certain amount off my food stamp card every month to repay the over payment. Well now that... Read more »

Timothy Denison answered on Dec 12, 2018

Yes. You will still be responsible. The overpayment will not be discharged with a chapter 7 bankruptcy.

3 Answers | Asked in Bankruptcy for Virginia on

Q: If I own my car outright, can it be taken in a bankruptcy?

Stuart Nachbar answered on Dec 7, 2018

That depends on its value (blue book, nada, etc) and if you are filing a 7 or a 13, and whether you can use federal exemptions or have to use state exemptions. Speak with counsel in your state

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3 Answers | Asked in Bankruptcy for Virginia on

Q: If I've been sent a foreclosure notice, can I file and stay in the house?

Stuart Nachbar answered on Nov 16, 2018

That depends on the type of filing and remaining current going forward. If you can do a Chapter 13 where you pay the missing balance, and remain current going forward, then the answer is yes. IF you cant do these things, the answer is NO

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3 Answers | Asked in Bankruptcy for Virginia on

Q: do I need a bankruptcy lawyer

Stuart Nachbar answered on Oct 27, 2018

With all due respect, if you have to ask the question, then the answer is yes. I suggest speaking with counsel and many offer free consults

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1 Answer | Asked in Bankruptcy for Virginia on

Q: Is garnishment every pay day? How long does it take to stop garnishment when you set up payment plan?

How can they take so much out on a person thats the only income of a family of 4

Timothy Denison answered on Oct 14, 2018

Yes. Every payday. If you have a payment plan it should stop with a week or two. It varies from state to state how much they can take per check.

1 Answer | Asked in Bankruptcy for Virginia on

Q: Which bankruptcy option will allow me to keep the most property?

Timothy Denison answered on Oct 12, 2018

Depend on your individual situation, but probably 13

3 Answers | Asked in Bankruptcy and Car Accidents for Virginia on

Q: I hit a parked car while uninsured can the debt I owe for the property damage be included/dismissed if I file chapter 7?

I was charged with a dui but it was dismissed at court.

Robert R Weed answered on Oct 10, 2018

Yes, as long as you weren't charged with DWI.

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1 Answer | Asked in Bankruptcy for Virginia on

Q: 1. How do I protect my checking and savings acccount in chp.7 bankrupcy? I am in VA- it is under $1000 total. Homestead?

Where or which schedule would I fill in the homestead exemption to protect my cash and property?

Thanks!

Timothy Denison answered on Sep 24, 2018

You probably should use the wildcard or catch all exemption to protect your checking and savings accounts, especially if the balance is $1,000 or under.

1 Answer | Asked in Real Estate Law, Bankruptcy and Contracts for Virginia on

Q: Who is responsible for providing me alternative housing while during repairs and mold remediation?

I rented an apartment from a landlord that had a lease to purchase contract on a home that had two apartments included on the property. The person I rented from filed personal bankruptcy and walked away from the property before she was served an eviction notice from the owners of the property.... Read more »

Timothy Denison answered on Sep 10, 2018

You will probably have to pay for it initially and hope for reimbursement from the owners insurance. The landlord is not an option for payment.

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