Virginia Bankruptcy Questions & Answers
Q: My mortgage lender shows that I owe additional money, I have paid all payments, I have never been late. I can prove this
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?
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?
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?
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?
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
Q: do I need a bankruptcy lawyer
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?
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: 1. How do I protect my checking and savings acccount in chp.7 bankrupcy? I am in VA- it is under $1000 total. Homestead?
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?
Answered on Sep 10, 2018
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?
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
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.
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?
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
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.
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