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West Virginia Bankruptcy Questions & Answers
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... Read 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: 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... Read more »

Stuart Nachbar
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: Can back taxes (i.e. Federal Income Tax) be included in Chapter 13?
Stuart Nachbar
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: $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
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: 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.

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: 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: 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,... Read 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... Read more »

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... Read more »

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: 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.

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