Virginia Bankruptcy Questions & Answers
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 »
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 »
Q: I paid lawyer to file my chapter 13 bankruptcy..he will not file a petition..what should I do?
Fire him, demand a refund and hire a new lawyer.
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.
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.
Q: Can I file bankruptcy and add an agreement that I had with my previous employer on a loan
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 »
Q: I am interested in filing chapter 7 bankruptcy. Can you still keep your home and car?
Possibly under Chapter 7 and absolutely under chapter 13. Consult an experienced bankruptcy practitioner to help you.
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
You may have recourse against the seller if you can prove they did not comply with the notice provisions of the statute.
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
If you didn’t receive notice, you may have recourse again the lender.
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.
Yes, unless the debt has been satisfied or discharged.
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?
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?
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
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.
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 »
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 »
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 »
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.
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 »
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.
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?
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.
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.
Consult your lawyer. If you have exempted your tax return when you filed, you should be able to use it for anything you want.
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
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.
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.
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.
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 »
Yes. You will still be responsible. The overpayment will not be discharged with a chapter 7 bankruptcy.
Q: If I own my car outright, can it be taken in a bankruptcy?
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
Q: If I've been sent a foreclosure notice, can I file and stay in the house?
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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