Virginia Bankruptcy Questions & Answers

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?

3 Answers | Asked in Bankruptcy for Virginia on
Answered on Dec 17, 2018
Robert R Weed's answer
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?

1 Answer | Asked in Bankruptcy for Virginia on
Answered on Dec 12, 2018
Timothy Denison's answer
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?

3 Answers | Asked in Bankruptcy for Virginia on
Answered on Dec 7, 2018
Stuart Nachbar's answer
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?

3 Answers | Asked in Bankruptcy for Virginia on
Answered on Nov 16, 2018
Stuart Nachbar's answer
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

Q: do I need a bankruptcy lawyer

3 Answers | Asked in Bankruptcy for Virginia on
Answered on Oct 27, 2018
Stuart Nachbar's answer
With all due respect, if you have to ask the question, then the answer is yes. I suggest speaking with counsel and many offer free consults

Q: Is garnishment every pay day? How long does it take to stop garnishment when you set up payment plan?

1 Answer | Asked in Bankruptcy for Virginia on
Answered on Oct 14, 2018
Timothy Denison's answer
Yes. Every payday. If you have a payment plan it should stop with a week or two. It varies from state to state how much they can take per check.

Q: Which bankruptcy option will allow me to keep the most property?

1 Answer | Asked in Bankruptcy for Virginia on
Answered on Oct 12, 2018
Timothy Denison's answer
Depend on your individual situation, but probably 13

Q: 1. How do I protect my checking and savings acccount in chp.7 bankrupcy? I am in VA- it is under $1000 total. Homestead?

1 Answer | Asked in Bankruptcy for Virginia on
Answered on Sep 24, 2018
Timothy Denison's answer
You probably should use the wildcard or catch all exemption to protect your checking and savings accounts, especially if the balance is $1,000 or under.

Q: Who is responsible for providing me alternative housing while during repairs and mold remediation?

1 Answer | Asked in Real Estate Law, Bankruptcy and Contracts for Virginia on
Answered on Sep 10, 2018
Timothy Denison's answer
You will probably have to pay for it initially and hope for reimbursement from the owners insurance. The landlord is not an option for payment.

Q: Will I still have to pay spousal and child support if I file for bankruptcy?

2 Answers | Asked in Bankruptcy for Virginia on
Answered on Aug 24, 2018
L. Ilaine Upton's answer
Absolutely. Spousal and child support CANNOT be discharged in bankruptcy. Period.

Q: In a warrant and debt can plaintiff take your home if they win judgement

2 Answers | Asked in Bankruptcy and Small Claims for Virginia on
Answered on Aug 20, 2018
L. Ilaine Upton's answer
They can certainly put a lien on your house, that's very common. They could try to foreclose, but I've never actually seen anybody do this.

Q: I filed bankruptcy and was discharged in 2011. How long do I need to wait to file chapter 7 again.

2 Answers | Asked in Bankruptcy for Virginia on
Answered on Aug 6, 2018
Justin M. Gillman's answer
I assume you filed a Chapter 7 in 2011. You cannot file another Chapter 7 within 8 years after the prior Chapter 7 and receive a discharge. So that would mean 2019 - 1 day after the "anniversary" of your prior Chapter 7 filing. The Bankruptcy Code allows you to file Chapter 7 without a discharge though that would not typically be something that is recommended. Keep in mind, the dates are from filing date to filing date so you would need to review the prior filing and another other issues...

Q: My tenant has moved out. They owe us over $3000. Can this be cancelled under a Chapter 7?

2 Answers | Asked in Bankruptcy and Landlord - Tenant for Virginia on
Answered on Jul 27, 2018
F. Paul Maloof's answer
You have a right to ask for a copy of the bankruptcy filing. If they in fact filed a chapter 7 bankruptcy, your debt will probably be discharged and thus wiped out.

Q: My car was repossed

3 Answers | Asked in Bankruptcy and Consumer Law for Virginia on
Answered on Jul 6, 2018
Robert R Weed's answer
If you never received the 10 day notice letter, then WHAT was drafted on 6/29 and received on 7/6. I'm missing step I need to answer your question.

Q: I live in Fairfax, VA, and want to file for bankruptcy. If I pay my mortgage, can I hang on to my residence?

2 Answers | Asked in Bankruptcy for Virginia on
Answered on Jun 28, 2018
L. Ilaine Upton's answer
The surest way to keep your house in bankruptcy is file Chapter 13, but you might be able to keep your house in a Chapter 7. This is a situation where you need a very experienced bankruptcy lawyer, one with experience in keeping houses.

Q: I spaced out on adding one of my creditors to my bankruptcy filing. Can I file an amendment?

2 Answers | Asked in Bankruptcy for Virginia on
Answered on Jun 18, 2018
L. Ilaine Upton's answer
Yes, if the case hasn't been discharged yet. You will need to pay the bankruptcy $31 to add the creditor, and follow the court rules to notify the creditor of the addition. The court requires to file the amended schedule and an amendment cover sheet. You need to send the creditor a copy of the amended schedule, and a copy of the notice of meeting of creditors. Mail it to the address for sending notices, not the address for payments, if those are different.

Q: Can I go bankrupt if I am married

3 Answers | Asked in Bankruptcy for Virginia on
Answered on May 28, 2018
Timothy Denison's answer
Yes. You’re wife’s income and expenses will be included in the means test for determining your eligibility to file, however.

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