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Virginia Bankruptcy Questions & Answers
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.

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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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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...
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