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Virginia Bankruptcy Questions & Answers

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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3 Answers | Asked in Bankruptcy for Virginia on

Q: do I need a bankruptcy lawyer

Stuart Nachbar answered on Oct 27, 2018

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

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1 Answer | Asked in Bankruptcy for Virginia on

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

How can they take so much out on a person thats the only income of a family of 4

Timothy Denison answered on Oct 14, 2018

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.

1 Answer | Asked in Bankruptcy for Virginia on

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

Timothy Denison answered on Oct 12, 2018

Depend on your individual situation, but probably 13

3 Answers | Asked in Bankruptcy and Car Accidents for Virginia on

Q: I hit a parked car while uninsured can the debt I owe for the property damage be included/dismissed if I file chapter 7?

I was charged with a dui but it was dismissed at court.

Robert R Weed answered on Oct 10, 2018

Yes, as long as you weren't charged with DWI.

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1 Answer | Asked in Bankruptcy for Virginia on

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?

Where or which schedule would I fill in the homestead exemption to protect my cash and property?

Thanks!

Timothy Denison answered on Sep 24, 2018

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.

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

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

I rented an apartment from a landlord that had a lease to purchase contract on a home that had two apartments included on the property. The person I rented from filed personal bankruptcy and walked away from the property before she was served an eviction notice from the owners of the property.... Read more »

Timothy Denison 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.

2 Answers | Asked in Bankruptcy for Virginia on

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

L. Ilaine Upton answered on Aug 24, 2018

Absolutely. Spousal and child support CANNOT be discharged in bankruptcy. Period.

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2 Answers | Asked in Bankruptcy and Small Claims for Virginia on

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

L. Ilaine Upton answered on Aug 20, 2018

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.

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2 Answers | Asked in Bankruptcy for Virginia on

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

Justin M. Gillman answered on Aug 6, 2018

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... Read more »

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2 Answers | Asked in Bankruptcy and Landlord - Tenant for Virginia on

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

My tenant has moved out. They owe us over $3000 and I have been to court to obtain a warrant in debt and a garnishment. I just received a phone call from a law firm stating that the tenants have filed Chapter 7 bankruptcy. I asked them to mail me printed documents to prove they filed bankruptcy... Read more »

F. Paul Maloof answered on Jul 27, 2018

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.

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1 Answer | Asked in Bankruptcy and Real Estate Law for Virginia on

Q: If a tenant owes back rent and filed for bankruptcy. Can the landlord keep the security deposit for back rent owed?

I just found out they filed for bankruptcy. The lease is up at the end of July. Is there a way for me to check bankruptcy filings? For future reference, can I add into the lease the tenant must notify the landlord prior to filing immediately after bankruptcy filings as I am not sure when they... Read more »

Timothy Denison answered on Jul 20, 2018

Yes, if permitted by he lease agreement.

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

Q: My car was repossed

I never received the 10 day notice giving me time to come up with the needed funds to pay. the letter was drafted on 6/29/18 and I received it on 7/6/18 what are my rights please help.

Robert R Weed answered on Jul 6, 2018

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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2 Answers | Asked in Bankruptcy for Virginia on

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

My main goal is to not lose my house. I want to discharge my other debts (credit cards and such) but hold on to the house I live in. Is that possible? How do I do that?

L. Ilaine Upton answered on Jun 28, 2018

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.

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2 Answers | Asked in Bankruptcy for Virginia on

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

L. Ilaine Upton answered on Jun 18, 2018

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... Read more »

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3 Answers | Asked in Bankruptcy for Virginia on

Q: Can I go bankrupt if I am married

I don't have joint anything

Timothy Denison answered on May 28, 2018

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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2 Answers | Asked in Bankruptcy for Virginia on

Q: I had filed bk chapter 7 in 2015. I was under impression I had reaffirmed my home mortgage and have continued to pay.

I recently discovered I had not reaffirmed the mortgage. I began reviewing my credit info and discovered this and that the mortgage company has closed the account with a balance owed as 0. No payments have been reported since the bk. At this point if I walked away from the house would this effect... Read more »

L. Ilaine Upton answered on May 27, 2018

It is a very sad fact of life that once your personal obligation for your mortgage is discharged in a Chapter 7, the lender will not report your payments, even though they are on time. I have struggled with this for many years as a bankruptcy lawyer, and have no solution. If it makes you feel any... Read more »

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2 Answers | Asked in Bankruptcy and Small Claims for Virginia on

Q: I recently got discharged from a chapter 7 bankruptcy from MS. I converted from a ch 13 that I filled back in 2015.

I bought some furniture in 2014 and I chose to keep it during the ch 13. Now Since I am discharged from the 7 I chose to Surender the furniture. I got a call from the Furniture place asking if I was keeping it or surrendering it. I told them surrendering it. They asked what my address was and I... Read more »

Timothy Denison answered on May 21, 2018

Unless they go back into bankruptcy court seeking relief, you shouldn’t have any worries. Likely the worst thing that happens is you could have to pay the fair market value of the property if you can’t return it.

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1 Answer | Asked in Bankruptcy for Virginia on

Q: Should I file a warrant in debt?

I was going to file a warrant in debt today, but the person told me they are filing bankruptcy. Is it worth my time to file the warrant? Will the warrant be discharged in bankruptcy?

L. Ilaine Upton answered on May 16, 2018

Whether it's worth your time and money to get a judgment against someone who says they are going to file bankruptcy is basically a question of whether you believe the person or not. If your debt is the only major debt, they might be willing to settle with you. Whether the debt is discharged... Read more »

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