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Virginia Bankruptcy Questions & Answers

3 Answers | Asked in Bankruptcy and Probate for Virginia on

Q: Our mother died recently and some of her estate is in probate and they asked us if any of us have declared bankruptcy.

Bankruptcy Record

Filed for Bankruptcy in Il: Reorganization (#1203036) Jan. 30, 2012

Bankruptcy Record

Filed for Bankruptcy in Ny: Liquidation (#0368257) Dec. 8, 2003

How do we find out if there are still creditors looking for payment? We are just interested, I... Read more »

Richard Sternberg answered on Aug 10, 2019

I don’t understand what you are asking. First off, I don’t understand how “part” of an estate is in probate. All probate assets should be identified in the Inventory. If some of your inheritance is outside of probate in life insurance, funds naming a beneficiary, or joint titles with rights... Read more »

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1 Answer | Asked in Bankruptcy for Virginia on

Q: I paid lawyer to file my chapter 13 bankruptcy..he will not file a petition..what should I do?

Timothy Denison answered on Aug 9, 2019

Fire him, demand a refund and hire a new lawyer.

5 Answers | Asked in Bankruptcy for Virginia on

Q: I've been called by a debt collector for an amt. that was charged off in my bankruptcy; may I give them the case #?

They've been harassing my entire family for info; even contacting my ex sister-n-law.

Mr. Chad Van Horn answered on Jul 9, 2019

Yes. Give them your case number and discharge order. Also, if you have the schedules that show they were listed as a creditor you can send that as well. If they continue, speak to your bankruptcy attorney and they can go after them for a discharge violation.

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3 Answers | Asked in Bankruptcy for Virginia on

Q: Can I file bankruptcy and add an agreement that I had with my previous employer on a loan

John Martin Hilla answered on Jul 3, 2019

First, you should consult with an experienced bankruptcy attorney in your local area in a private consultation your interest in filing for bankruptcy to determine eligibility, asset protection issues, and whether or not it is the best option for you.

That said, any sort of loan or...
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2 Answers | Asked in Bankruptcy for Virginia on

Q: I am interested in filing chapter 7 bankruptcy. Can you still keep your home and car?

Timothy Denison answered on May 29, 2019

Possibly under Chapter 7 and absolutely under chapter 13. Consult an experienced bankruptcy practitioner to help you.

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1 Answer | Asked in Bankruptcy, Consumer Law and Contracts for Virginia on

Q: Car was repoed and sold. No presale notice was sent to me only the deficiency balance. Do I gave any recourse?

The car was purchased in California but repoed in Virginia where I had moved to a few months earlier. It was charged off before being repoed

Timothy Denison answered on May 24, 2019

You may have recourse against the seller if you can prove they did not comply with the notice provisions of the statute.

3 Answers | Asked in Bankruptcy, Consumer Law and Contracts for Virginia on

Q: Car was repoed and sold. No presale notice was sent to me only the deficiency balance

The car was purchased in California but repoed in Virginia where I had moved to a few months earlier. It was charged off before being repoed

Timothy Denison answered on May 23, 2019

If you didn’t receive notice, you may have recourse again the lender.

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3 Answers | Asked in Bankruptcy for Virginia on

Q: Can a creditor come for you and garnish wages from 10+ years ago that hasnt shown on crefit report for some time?

No notification was received however recently received court summons of garnishment with date of Sept and garnishment was started last week.

Timothy Denison answered on May 23, 2019

Yes, unless the debt has been satisfied or discharged.

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2 Answers | Asked in Bankruptcy for Virginia on

Q: Can i file for banckruptcy while i am in the philippines?

Can i file for banckruptcy ( without losing my house) while i am in the philippines? Or can i authorize my dad to do the process while im out of the country? And will it affect my application of child custody?

Robert R Weed answered on May 2, 2019

After you send the papers to the court, you are required about a month later, to show up in person to answer questions. Usually you can get permission for a call in if you are on assignment for the US Government; other approval is tough.

When are you planning to be back?

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2 Answers | Asked in Bankruptcy for Virginia on

Q: If my car loan was never reaffirmed and it shows closed VIA chapter 7 from 2 years ago, can I legally hand over the key

I filed chapter 7 two years ago and found out today it was never reaffirmed

Robert R Weed answered on Apr 23, 2019

If you are sure you never reaffirmed the car--and haven't refinanced it since--then yes, you can turn over the key, not owe any money and not ding your credit.

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2 Answers | Asked in Bankruptcy for Virginia on

Q: Hello, I have a chapter 13 case and I fell behind in my mortgage payments so I received a motion to lift the stay

the hearing is for this wednesday april 17th in Alexandria Va. I am currenty 2 months behind and my attorney filed for an amended plan but I have no consent yet from the bank's attorney .....

My question is: what should I expect if the bank's attorney does not want to consent?

I am... Read more »

Kevin M Rogers answered on Apr 15, 2019

You will be fine. THAT’S what Chapter 13 is for. It would be a different matter if the Mortgagee could prove that your house had NO equity. Because it is the equity in your house that the court will find is necessary for your rehabilitation.

Your lawyer will amend your Plan, adding a...
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2 Answers | Asked in Bankruptcy for Virginia on

Q: I filed chapter 7 bankruptcy but current vehicle didnt get put on and now im in charge off status. Repo?

I didnt put this car on my bankruptcy or sign the affirmation agreement and they keep saying by law they cant contact me about the account or the vehicle now i can only trade it or pay the charge off but can they really come pick it up because its not even on my credit report anymore when i did try... Read more »

Bruce Alexander Minnick answered on Apr 5, 2019

If you did not re-affirm the debt underlying your car loan during your bankruptcy the car should have been sold as one of your assets and the underlying debt discharged--or possibly paid by the lender. Ask the trustee or your BR lawyer.

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1 Answer | Asked in Bankruptcy for Virginia on

Q: See additional details

Ex husband and I divorced approx 8 years ago. Property settlement awards him our home with the stipulation that if he ever sells i am to receive half of the equity. If he sells the home, pays me my court ordered share of the equity then files Ch 7 bankruptcy is my portion of the equity in... Read more »

Timothy Denison answered on Mar 26, 2019

You are probably safe, depending g on the exact wording of the agreement, but you should hire an attorney to review and file if necessary.

1 Answer | Asked in Bankruptcy for Virginia on

Q: My mortgage lender shows that I owe additional money, I have paid all payments, I have never been late. I can prove this

Chapter 13 Bankruptcy Question. Is the lender required by VA law to show me how they came to this conclusion? I'm I entitled to a full accounting of all payments received by the lender?

Timothy Denison answered on Feb 26, 2019

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.

2 Answers | Asked in Bankruptcy for Virginia on

Q: can I buy airline tickets with my tax return during a bankruptcy for child visitation purposes?

I’m worried about losing our tax return.

Timothy Denison answered on Feb 26, 2019

Consult your lawyer. If you have exempted your tax return when you filed, you should be able to use it for anything you want.

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2 Answers | Asked in Bankruptcy for Virginia on

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?

my first one was dismissed because I was behind on my mortgage payments and just wondering if the second case is under the same rules or have stricter rules.....just want to make sure

Thanks for any advice I can get

Chapter 13 filed in Virginia

Timothy Denison answered on Jan 29, 2019

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.

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3 Answers | Asked in Bankruptcy for Virginia on

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?

The judgement is attached to my credit report. I am trying to figure out how to get it off.

Robert R Weed answered on Dec 17, 2018

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.

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1 Answer | Asked in Bankruptcy for Virginia on

Q: I am in the process of filing for bankruptcy. Am I able to include an over payment of SNAP benefits in my bankruptcy?

The over payment was an error on my part, or a fraud as social services says. This was from 2015. I was receiving SNAP benefits up until 06/18. During this time I was receiving benefits they were taking a certain amount off my food stamp card every month to repay the over payment. Well now that... Read more »

Timothy Denison answered on Dec 12, 2018

Yes. You will still be responsible. The overpayment will not be discharged with a chapter 7 bankruptcy.

3 Answers | Asked in Bankruptcy for Virginia on

Q: If I own my car outright, can it be taken in a bankruptcy?

Stuart Nachbar answered on Dec 7, 2018

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

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3 Answers | Asked in Bankruptcy for Virginia on

Q: If I've been sent a foreclosure notice, can I file and stay in the house?

Stuart Nachbar answered on Nov 16, 2018

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

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