Lawyers, Answer Questions  & Get Points Log In
Virginia Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy for Virginia on
Q: I'm a 61yr. Old widow and have never filled bankruptcy. But I believe I'm going to have to. How much is it .

Can you make payments on this

Robert R Weed
PREMIUM
Robert R Weed
answered on Jan 3, 2023

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.

View More Answers

2 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Collections for Virginia on
Q: Is there a statute of limitations on credit card debt?

I was contacted by a law group saying I owed on an old credit card debt. They're saying the last time they tried to contact me was 2016 from a card I obtained before 2010. It was a JCPenny store card. They're threatening garnishment. I paid off all my debts before I purchased my home in... Read more »

James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
answered on Dec 9, 2022

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 »

View More Answers

2 Answers | Asked in Bankruptcy for Virginia on
Q: Can my auto loan be placed as a charge off while in Chapter 13 by the creditors?

Voluntary dismissal after 2+ years in plan. Tried to restablish payment plan for auto loan. They claim I fell further behind after I filed because they didn't receive timely plan payments from the trustee and charged it off. Now they are threatening repossession and say I am 9 months more... Read more »

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Nov 14, 2022

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 »

View More Answers

1 Answer | Asked in Bankruptcy for Virginia on
Q: My only income is worker's compensation. In VA, is my comp income and everything obtained with it exempt in bankruptcy?

Is exemption granted by VA Code Ann. 65.2-531? I have been receiving workers comp for many years and everything I have has been purchased with this income.

Daniel Staeven
Daniel Staeven
answered on Nov 3, 2022

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 »

1 Answer | Asked in Bankruptcy for Virginia on
Q: Monthly repayment amount determined by form 122C-2 or through schedules I/J in CH 13? I am above the median income in VA

I am married but filing by myself. I just wanted to know if schedules I/J are used or form 122C-2 (using local and national standards) should be used to determine repayment plan. I want to compare to what my lawyer proposed to make sure I am getting sound advice.

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Oct 31, 2022

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 »

1 Answer | Asked in Foreclosure and Bankruptcy for Virginia on
Q: Which Virginia court handles foreclosure excess proceeds disbursements?
James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
answered on Oct 23, 2022

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 »

2 Answers | Asked in Foreclosure and Bankruptcy for Virginia on
Q: Which Virginia court handles foreclosure excess proceeds disbursements?
Mark Oakley
Mark Oakley
answered on Oct 23, 2022

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 »

View More Answers

1 Answer | Asked in Divorce and Bankruptcy for Virginia on
Q: 2015 my ex was ordered to pay $5K in equitable distribution, but he never paid and was contempt. He since filed Ch. 7.

He filed Ch. 7 in 2017. We live in VA. Can I take him back to court to enforce the order in the divorce decree?

James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
answered on Oct 5, 2022

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 »

2 Answers | Asked in Bankruptcy for Virginia on
Q: Account included in bankruptcy refuses to close the debt, what do I do?

Filed chapter 7 in November of 2021, received discharge in February of 2022. All accounts were included in my discharge but one specific account basically refuses to close my debt.

James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
answered on Jul 25, 2022

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 »

View More Answers

3 Answers | Asked in Bankruptcy for Virginia on
Q: My family member filed for bankruptcy. His case was closed and then given to another lawyer who sued him for the same

Debts. He paid him 100,000 not to lose his house. The lawyer ( trusty) and his wife came in to short sell my brothers and his families house. He thought the case was closed. He is now suing him for the third time and his LLC which is my mothers land and property. This is occurring in the Eastern... Read more »

Elaine Jarvis
Elaine Jarvis
answered on Jun 17, 2022

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 »

View More Answers

3 Answers | Asked in Bankruptcy for Virginia on
Q: Where does the money go in a chapter 13 that creditors do not get but you listed them when you started it says they

Get 0.00$ but you have still been paying that every month where does that money go it was calculated up when you first start

Daniel Staeven
Daniel Staeven
answered on Mar 22, 2022

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 »

View More Answers

2 Answers | Asked in Bankruptcy for Virginia on
Q: SOMETHINGS NOT RIGHT ON THIS WHAT BANK SAYING..HELP ME

1 divorce way way back 24 yrs ago..a 13 medical cause.not 5.how do I fix.im alone 64 senior has destroyed my credit.NOT RIGHT INFO.WHAT DO I DO

Daniel Staeven
Daniel Staeven
answered on Oct 6, 2021

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.

View More Answers

2 Answers | Asked in Bankruptcy and Real Estate Law for Virginia on
Q: I filed for bankruptcy in TN in 2012 in TN. We bought a house in 2017 (in VA) with only my husband name on the deed.

I want to add my name on the deed now. Will my old collectors be able to put a lien on my house now? How do I know for sure that all the debts were wiped completely off with the bankruptcy?

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Apr 7, 2021

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 »

View More Answers

6 Answers | Asked in Bankruptcy, Immigration Law, Admiralty / Maritime and Health Care Law for Virginia on
Q: Would it be accurate to say that any attorney who passes the bar exam know about client confidentiality?
Mr. Chad Van Horn
PREMIUM
Mr. Chad Van Horn
answered on Apr 1, 2021

The answer should be yes, but unfortunately, there is a chance that an attorney that passed the bar isn't well versed in client confidentiality.

View More Answers

1 Answer | Asked in Bankruptcy for Virginia on
Q: 1 million personal lawsuit involving a boat. I have not been summoned/served yet. File bankruptcy now?

J

Robert R Weed
PREMIUM
Robert R Weed
answered on Dec 21, 2020

You definitely need to talk to a bankruptcy lawyer, now. A good lawyer will want a complete picture of your situation before suggesting the best plan.

1 Answer | Asked in Bankruptcy for Virginia on
Q: I am in Chapter 13, been in it for 2 years. I am selling my. home and moving out of state. Will i be able to keep any of

the proceeds? I am a 100% PT disabled veteran with a wife and kids.

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Dec 3, 2020

If your Ch. 13 plan has been confirmed, and I assume it has after 2 years, what you do with the assets you retained under your plan should not require an adjustment of the confirmed plan payments.

In my district, in eastern PA, the Ch. 13 trustee is proactive, and if a sale of the house is...
Read more »

1 Answer | Asked in Bankruptcy for Virginia on
Q: In filing chpt.7, listing a time share that was repossessed 5 years ago, do I file it in Form B6 D Sch D, or where?
Timothy Denison
Timothy Denison
answered on Oct 16, 2020

You don’t have to list it at all, but I’d put it under Statement of Finsncial Affairs.

1 Answer | Asked in Consumer Law, Bankruptcy and Collections for Virginia on
Q: Can Advance Financial take legal action against me, garnishment, etc?

I took an online loan from Advance Financial 24/7 10/2019 for $1250. From October to March 2020 I paid them about $325 a month. In March I enrolled with Encompass Recovery Group, a debt settlement group for payday loans. They settled (late August, early September) with Advance Financial for... Read more »

Timothy Denison
Timothy Denison
answered on Oct 2, 2020

Yes. They can sue you for anything short of your full agreement.

1 Answer | Asked in Bankruptcy, Divorce and Real Estate Law for Virginia on
Q: My ex and I filed Ch7 in 2015, mortgage was discharged. We divorced 2020 and he quitclaimed home to me.

How can I get his name off the discharged mortgage? I have the quitclaim deed and divorce paperwork showing it is mine. Im sick of him being able to access mortgage info as well as things being mailed to him from the bank. The property is in VA.

David Luther Woodward
David Luther Woodward
answered on Sep 8, 2020

You can only accomplish this by refinancing the mortgage. Now is a good time because the rates are so low.

The bank has no obligation to release the lien of the mortgage unless it was stripped in bankruptcy.

Good Luck: go see a lawyer.

d

1 Answer | Asked in Bankruptcy for Virginia on
Q: I am in CH13, filed in 2018. The exemption changed here in July to $25,000 from $5,000. Am i allowed to use the new

exemption or am i stuck pre 2020 exemption of $5,000?

Timothy Denison
Timothy Denison
answered on Sep 4, 2020

You’re stuck bc eight the pre2020 exemption.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.