A lot of lawyers are pretty sketchy about that. I try to do better. First, our success rate. Or more specifically, our very low failure rate: the percentage of bankruptcies that are dismissed.
Dismissed means thrown out. Discharged means approved. You can see here that our rate of bankruptcy dismissals if vastly different than many other bankruptcy lawyers. Their dismissal rates run from six times to ten time more than ours! Second, we have more than nine hundred five star reviews. Another lawyer, who has also done more than ten thousand bankruptcies, has fewer than eighty people who have given him five stars.
Our customers are ten times more likely to post a five star review. We think that shows a real difference in the quality of our customer service. Dozens of people every month come to the Law Office of Robert Weed for a different reason. These people worry about complicated issues in the bankruptcy—and they want an experienced lawyer who will treat their case individually, and get the best possible result for them.
If you do not qualify for a full waiver, but are unable to pay the full filing fee at the time your case is filed, you can ask the court to allow you to pay in installments. When filing a Virginia bankruptcy without an attorney, you have to bring everything to the court in hard copy format.
The first item you should print is the checklist mentioned earlier in this guide on how to file bankruptcy in Virginia. Keep in mind, however, that this checklist is the same in all states and does not include any local forms. Print two complete sets of everything so you have an exact copy of what you gave to the bankruptcy court for your files.
If you completed your forms by hand, go to a local print shop to make a copy of the packet for you to keep. The bankruptcy court will not be able to make copies for you. The final - official - step on how to file bankruptcy in Virginia is to bring the forms, your filing fee or application for a waiver and your credit counseling certificate to the bankruptcy court.
The office that will handle this process is called the clerk's office. Make sure you bring both copies of your bankruptcy forms with you when you go. The clerk will put a stamp on your copy confirming that your Virginia bankruptcy has officially been filed. Since filing Chapter 7 in Virginia is stressful enough, make sure you give yourself enough time to find parking, find the courthouse, and go through security when you head to the courthouse.
The trustee is the official assigned by the court to handle your Virginia bankruptcy. Part of the trustee's job is to make sure that the information you put in your paperwork before filing Chapter 7 in bankruptcy in Virginia is accurate.
At minimum, this means that you have to send your most recent federal income tax return to the trustee, so they receive it no less than 7 days before your meeting. You will find out both - who your bankruptcy trustee is and when your meeting takes place - shortly after filing, when the court sends you the official notice of your Virginia bankruptcy.
It's important to pay close attention to mail you receive after filing, as the trustee may send you correspondence requesting additional information from you before your meeting. In order to receive a discharge in your Virginia bankruptcy, you have to take a second course after your case is filed.
This course on financial management aims to provide you helpful tips and tricks on how to create a budget and manage your finances going forward. Similar to the first course, make sure you are taking it through a company approved to provide this course to folks filing bankruptcy in Virginia. Most folks choose to take this course online though some providers may offer it also by phone and in person. Just keep in mind the amount of debt you are discharging by filing Chapter 7 bankruptcy in Virginia and you will see that this final expense is a small price to pay in exchange for your discharge.
Finally, make sure you find out whether your course provider will file your certificate of completion with the Bankruptcy Court for you, or if you have to do so yourself. The meeting tends to be the most stressful part of filing for bankruptcy in Virginia; after all you have to go to court to answer questions under oath.
What most people don't realize is that as long as you are prepared and have everything you need a picture ID and acceptable proof of your social security number you will probably spend more time waiting for your case to be called than you will answering questions.
The meetings are semi-public and usually several folks who have filed Chapter 7 bankruptcy in Virginia will have the same hearing time as you. Your creditors may appear to ask you some questions as well.
This does not happen often, but if it does, just remember to take a deep breath and tell the truth. It's the easiest thing to remember anyway. Your car is considered and asset in your Virginia bankruptcy and if it is not yet paid off, then it is also a liability debt that has to be dealt with in a way that best sets you up for your fresh start.
You can choose to surrender the vehicle to get out from under the loan, or you can reaffirm the debt and keep everything essentially the same.
A reaffirmation agreement means that you will continue to be responsible for paying the car loan even after your discharge is entered. If you fail to make all payments as agreed, then the bank can still repossess your vehicle and, since the debt was not discharged, sue you for the balance left owing after the vehicle is auctioned off.
If your car is paid for then depending on its value and the exemptions available for folks filing Chapter 7 in Virginia nothing at all may change. Not everyone who needs bankruptcy relief will qualify to file Chapter 7 bankruptcy in Virginia because their household income exceeds the income limits.
The first step in every Chapter 7 online bankruptcy means test is a review of your income. If your gross household income is less than the median household income for a household of your size, you can file Chapter 7 bankruptcy in Virginia. If your income is greater than the median, the second step of the means test allows you to deduct certain expenses from your income, including taxes, health insurance, a housing and vehicle expenses, and payments you make on loans secured by your home or personal property.
If you do not have anything left over after deducting the various allowed expenses, you qualify for Chapter 7 bankruptcy in Virginia. The Virginia Chapter 7 bankruptcy forms are a combination of national bankruptcy forms and certain local forms that are specific to the state. The Eastern District requires that all debtors filing without an attorney "pro se" file a specific certification about whether anyone helped them prepare the documents filed in their Virginia bankruptcy.
While in a slightly different format, the Western District also has a specific statement pro se debtors have to file to disclose this type of information to the court. Anyone filing for Chapter 7 bankruptcy in Virginia in the eastern district without an attorney should take a moment to review the Court's detailed overview of what to expect and look out for.
The Western District has locations in Roanoke, Lynchburg and Harrisonburg and provides a detailed directory of which division handles each case by city and county. Neither Lynchburg nor Harrisonburg accept payments by check or cash, so make sure you bring a money order with you when filing your Virginia bankruptcy in these locations. If you are amending your creditor schedules, the Western District has a local form to provide notice of the amendment. Upsolve Community Member Hi Virginia , any specific questions around social security income?
When filing for Chapter 7 bankruptcy in Virginia, the applicable exemptions will determine what property, if any, the trustee can liquidate for the benefit of your creditors. Virginia has opted out of using federal bankruptcy exemptions , instead requiring everyone to use Virginia bankruptcy exemptions. If you do not have a home, or your home is upside down , you can use the remaining amount of your Virginia homestead exemption as a "wildcard" exemption to protect personal property.
While any person can file Chapter 7 bankruptcy in Virginia without a lawyer, sometimes doing so can end up costing you more than the average cost of a bankruptcy lawyer. There are several resources available for folks looking to file Chapter 7 bankruptcy in Virginia without an attorney. Blue Ridge Legal Services, Inc. Box , Harrisonburg, VA Box , Richmond, VA Legal Services of Northern Virginia, Inc.
Virginia Legal Aid Society, Inc. Box , Lynchburg, VA
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