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Virginia Bankruptcy Questions & Answers
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.
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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5 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
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.
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...
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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
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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