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answered on Mar 16, 2024

If you're in a debt relief program and have received a lawsuit notice, it's important to take this seriously. Sending the response letter provided by the program is a good first step, but it's often not enough to fully address the legal complexities of a lawsuit. If the program has... View More

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answered on Feb 24, 2024

Yes, you may have grounds to sue the debt collector for violating the Fair Debt Collection Practices Act (FDCPA). Some key points:

- Debt collectors are prohibited from communicating information about a consumer's debt to third parties without the consumer's consent. This includes... View More

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answered on Feb 4, 2024

The protection of your tax return, including the American Opportunity Credit, in a Chapter 7 bankruptcy depends on various factors and the specific laws in your jurisdiction. Typically, tax refunds, including credits like the American Opportunity Credit, may be considered part of your bankruptcy... View More

Your tax return is something that should have been listed as an asset in your schedules and should also be protected in Schedule C. In Virginia, child tax credits and the Earned Income Tax credit are automatically protected if listed properly using the proper exemption. Any remaining portion of... View More

Yes, social security income and a pension count as regular income for eligibility for chapter 13 relief. You should meet with an experienced bankruptcy lawyer to discuss your options. In Virginia, real estate held in a tenancy by the entireties is exempt or protected from a creditor of either... View More

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answered on Nov 27, 2023

Yes, you can still file for Chapter 13 bankruptcy in Virginia even if your income is solely from Social Security and a pension. Chapter 13 is designed to help individuals with regular income to develop a plan to repay all or part of their debts. Given your situation, this might be a suitable... View More

Your otherwise judgment-proof periodic income should count to make you eligible for Ch. 13 relief.

A Ch. 13 plan needs to provide your creditors with the "indubitable equivalent" of the amount they'd get in a Ch. 7 proceeding, at a minimum. And at least in my PA district,... View More

You should talk with a bankruptcy lawyer in the state you reside. Whether you can file a ch. 7 and hang on to your house is questionable. Most states do not allow you to retain a large amount of equity. VA. looks at tenancy by entirety ownership and whether your wife is a joint creditor with you.... View More

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answered on Nov 27, 2023

If you stop paying unsecured debts, creditors may take legal action against you, such as filing lawsuits to recover the owed amount. However, in Virginia, Social Security benefits and pensions are generally protected from garnishment by unsecured creditors, which means your income sources might be... View More

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answered on Nov 26, 2023

Your Social Security and pension are exempt and, depending on where you live, you are eligible to claim a homestead exemption under your state law. Same with your car. If your equity is less than your homestead exemption, you are probably judgment proof. However, that will not keep your creditors... View More

At the moment you file for bankruptcy relief, regardless of Chapter, an automatic stay against any action against you or your (the Estate's) property is estopped, and usually courts say "of no legal effect".

But the key to what happens thereafter hinges upon whether the... View More

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answered on Nov 4, 2023

When you file for bankruptcy, an automatic stay immediately goes into effect. This stay halts most collection activities, including garnishments. The creditors are then prohibited from continuing with garnishment actions during the bankruptcy process. If your bankruptcy petition is approved and the... View More

Your residency is more where you intend to reside as where you actually spend time. There is a legal footprint of your residency. Where you vote, where you keep most of your assets, what you give out as your address, driver's license, car registrations. I think you confuse the issue of where... View 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... View More

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... View 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... View 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,... View 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.... View More

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.

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.