11USC525 a says "a governmental unit may not deny, revoke, suspend, or refuse to renew a license, permit, charter, franchise, or other similar grant to, condition such a grant to, discriminate with respect to such a grant against, deny employment to, terminate the employment of, or... Read more »

You should consult with an immigration attorney about this issue. A family or employment-based change of status petition includes a USCIS form I-864 Affidavit of Support from a sponsor or petitioner. The purpose of the form is to ensure the immigrant has adequate means of financial support and... Read more »

I agree that cross collateralization muddies the issue. Yes you can reaffirm the secured debt but may find the value of the car makes some of the unsecured debt secured which may have reaffirm a small portion that now is secured by a value greater than the secured car loan to the value of the car.... Read more »

I practice in PA, and occasionally in DE and NJ, not VA (so not familiar with VA state law).

You do not say whether you are in a Ch. 7 or Ch. 13 bankruptcy proceeding. There are differences in what a debtor can do about secured debt, generally. Note that there is a specific provision,... Read more »

It depends on the type of lender. Credit unions have greater rights than banks. Most credit unions have a cross-collateralization clause in their loan agreements. That makes any debt owed the credit union secured by collateral given on any other debt, so the credit union may not release the... Read more »

You should consult a competent bankruptcy lawyer near you who can correctly analyze your financial situation and help you make the right decision. Costs roughly are probably $1500 to $2500, depending on the amount of work to be done.

Most lawyers charge around $1500 for a simple case. There's filing fees and a required class so the totals my be around $1850.

Many lawyers will work with you on payments.

Credit card lawsuits typically involve two different jurisdictions - the issuer's home state and the borrower's home state, and the shorter of the two may apply in Virginia. In Virginia Code Section 8.01- 232, there are three conditions on the enforceability of a waiver of the right to... Read more »

An important issue in chapter 13 cases is whether to pay the vehicle loan directly outside the plan as a long-term debt, or in the plan by the trustee as a secured claim. The downside of putting it in the plan is an early dismissal produces an immediate default. Unless you are cramming down the... Read more »

A "charge-off" of a loan by the financial institution is often misconstrued. It in no way affects the borrower's legal obligation to repay the debt; it is only an in-house accounting entry and loan classification that affects the bank's capital/lending limits and is usually... Read more »

Yes, your earnings obtained through Workers' Compensation are exempt from execution by creditors based on the statute you reference. Since the Commonwealth of Virginia does not allow its citizens to use the federal exemptions, the benefit is clear that Virginia's protection of... Read more »

Both are used by Ch. 13 Trustees in my PA district, as guidelines, but the "bottom line" amount which your plan must propose to be confirmed is the net fair market value of the property/assets you propose to retain. There is a Bankruptcy Code provision that requires that a Ch. 13 plan... Read more »

Fiduciaries in Virginia must file accountings and reports with the Commissioner of Accounts for the city or county involved. If a foreclosure auction results in a surplus of proceeds, most substitute trustees would file an interpleader action in the Circuit Court and name all interested parties as... Read more »

The same court where the foreclosure action was docketed and proceeded to auction and ratification of the sale. That would be the circuit court in the jurisdiction where the property is located. As this is a Virginia matter and you posted this question on a Maryland legal forum, you should consult... Read more »

A contempt proceeding for an ED violation may or may not be a violation of the automatic stay in bankruptcy. The question is whether the purpose of the proceeding is to extract a private monetary remedy (not allowed) or to uphold the dignity of the court (allowed). Some have cast this as civil v.... Read more »

If the creditor attempts to collect on a discharged debt, the debtor reopen the case and can file a show cause proceeding against the creditor for violating the discharge injunction and may recover actual damages, attorney's fees and costs, and with willful and intentional violations causing... Read more »

I agree with what the other lawyers stated. It would make sense for you to:

1. Ask your lawyer for a written explanation of what is going on;

2. Take that letter to another lawyer for an opinion;

3. If you feel like your lawyer is defrauding you, ask for an explanation and... Read more »

First, your creditors receive payments in a Chapter 13 case as distributed by the Chapter 13 Trustee in your case. Second, the creditors who have been listed on the bankruptcy schedules are not always the ones who get paid in a Chapter 13 case. The creditors must file a proof of claim to be... Read more »

Typically, after a bankruptcy case you need to take affirmative action to build your credit. There are many ways to rebuild your credit such as a secured credit card, taking a higher interest car loan, or having a co-signer with you on a loan.

Good luck to you.

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 »