how to file for bankruptcy in va without a lawyer

1. Determine Whether Your Income Meets the Means Test. When considering whether to file bankruptcy without a lawyer, the first step is to conduct a “ Means Test " to ...
2. Obtain Your Credit Reports and Complete Credit Counseling. The next step is to obtain credit reports from all three credit bureaus. ...
3. Fill Out the Paperwork. Filling out the official bankruptcy forms is generally the most complicated and time-consuming task if you choose to file bankruptcy without a lawyer.
4. Attend the Meeting of Creditors. You'll have to attend your “ Meeting of Creditors " on the scheduled date. ...
5. Take a Personal Financial Management Instruction Course. Finally, you must complete a post-filing Personal Financial Management Instruction Course within 45 days of your meeting of creditors.

Full Answer

What is Chapter 7 bankruptcy in Virginia?

What is Chapter 7 Bankruptcy in Virginia? Chapter 7 in the Bankruptcy Code refers to a legal process where debtors liquidate non-exempt properties to pay off creditors. In a Chapter 7 bankruptcy or liquidation case, the court appoints a bankruptcy trustee to oversee the sale of the debtor’s non-exempt properties.

How to file bankruptcy without a lawyer?

The Process

1. Determine Whether Your Income Meets the Means Test. When considering whether to file bankruptcy without a lawyer, the first step is to conduct a “ Means Test " to ...
2. Obtain Your Credit Reports and Complete Credit Counseling. The next step is to obtain credit reports from all three credit bureaus. ...
3. Fill Out the Paperwork. ...
4. Attend the Meeting of Creditors. ...

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When to declare bankruptcy?

When to declare bankruptcy depends on the circumstances and the specific timing for a person [or a company]. If you think about the most common examples of companies filing, there is typically an event or a lawsuit that causes a company to file bankruptcy. One recent example is the many lawsuits brought against the Boy Scouts organization ...

How do you file bankruptcy in VA?

• Form 313 – Order Approving Disclosure Statement and Fixing Hearing on Confirmation and Times for Filing Objections to Confirmation and Acceptances and Rejections of Plan
• Form 420A - Notice of Motion (or Objection) [for Other than Alexandria]
• Form 420aalx - Notice of [Motion to] [Objection to] [for Alexandria]

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How long does the bankruptcy process take in Virginia?

In many cases, you will pay back a portion of your unsecured debts in a payment plan. Here's what you need to know about filing Chapter 13 bankruptcy in Virginia. It's slow. It can take 3 or 5 years.

What happens when you declare bankruptcy in Virginia?

After Filing for Bankruptcy in Virginia You'll turn over financial documents proving the statements in your bankruptcy paperwork. You'll attend the 341 meeting of creditors—the one appearance all filers must attend. You'll complete a debtor education course and file the completion certificate.

Can Va help me file bankruptcies?

Although your veterans' benefits will count as income when filing for Chapter 7 bankruptcy, if you are a disabled veteran, you might be exempt from the means test altogether.

What debts are not discharged in bankruptcy?

Additional Non-Dischargeable Debts Certain debts for luxury goods or services bought 90 days before filing. Certain cash advances taken within 70 days after filing. Debts from willful and malicious acts. Debts from embezzlement, theft, or breach of fiduciary duty.

How much does it cost to claim bankruptcy in Virginia?

The cost for filing a Chapter 7 bankruptcy is $306. This fee may not be waived but you may be able to pay it in installments. The fee of $281 for a Chapter 13 bankruptcy cannot be waived.

How much cash can you keep when filing Chapter 7 in Virginia?

If you declare bankruptcy, will you lose literally every dollar that you have in your savings? The answer is no: some cash can be exempted in a Chapter 7 case. For example, typically under Federal exemptions, you can have approximately $20,000.00 cash on hand or in the bank on the day you file bankruptcy.

Can VA debt be discharged in Chapter 7?

Veterans' Benefits in Chapter 7 A liquidation proceeding under Chapter 7 empowers eligible individuals to obtain a discharge of many of their debts by surrendering some of their property to a trustee. The trustee then sells that property and distributes the proceeds to the debtor's creditors.

What is the VA Chapter 31?

It is referred to as the Chapter 31 program. It assists entitled Veterans with service-connected disabilities and an employment handicap to prepare for, find, and maintain a job. It also helps entitled transitioning Servicemembers.

What is the HAVEN Act?

The Honoring American Veteran's in Extreme Need Act of 2018 (“HAVEN Act”) provides disabled military veterans and their families with greater protections in bankruptcy proceedings by allowing the exclusion of Department of Veteran's Affairs (VA) and Department of Defense Disability payments from the calculation when ...

What will I lose if I file bankruptcy?

Filing Chapter 7 bankruptcy wipes out most types of debt, including credit card debt, medical bills, and personal loans. Your obligation to pay these types of unsecured debt is eliminated when the bankruptcy court grants you a bankruptcy discharge.

What bankruptcy clears all debt?

Chapter 7 bankruptcy is a legal debt relief tool. If you've fallen on hard times and are struggling to keep up with your debt, filing Chapter 7 can give you a fresh start. For most, this means the bankruptcy discharge wipes out all of their debt.

Can creditors come after you after bankruptcy?

Can a debt collector try to collect on a debt that was discharged in bankruptcy? Debt collectors cannot try to collect on debts that were discharged in bankruptcy. Also, if you file for bankruptcy, debt collectors are not allowed to continue collection activities while the bankruptcy case is pending in court.

How do I file for bankruptcy?

The bankruptcy process may be simple enough to handle on your own if the following are met: 1 You own few assets 2 Your household income is below your state's median 3 You haven't been accused of fraud

What do you need to pay for bankruptcy?

In general, you need to at least pay a filing fee and the credit counseling and financial management course fees to finalize your bankruptcy petition. But if you have no money, you can ask for a fee waiver (in Chapter 7 cases) or ask the bankruptcy judge to roll the payment in your repayment plan (in Chapter 13 cases).

Do you have to fill out paperwork for bankruptcy?

Even though your case is relatively uncomplicated, a bankruptcy case requires you to fill out extensive paperwork and have a good knowledge of the Bankruptcy Code. Thus, it may be in your best interest to at least have an initial consultation with an attorney to make sure you are on the right course.

Do creditors have to be present at a meeting of creditors?

You'll have to attend your “ Meeting of Creditors " on the scheduled date. Although your creditors won't actually be present , the trustee will be and will ask you a number of standard questions about your case. Be sure to answer truthfully and accurately.

Can I file for bankruptcy without a lawyer?

Yes, you can legally file for bankruptcy without a lawyer. But should you? Every year, thousands of Americans find themselves too broke to pay off their debts, yet unable to afford bankruptcy. It probably comes as no surprise that attorneys' fees make up the lion's share of bankruptcy expenses.

What happens if you don't list your debts in bankruptcy?

Debtors must list all property and debts in their bankruptcy schedules. If a debt is not listed, it is possible the debt will not be discharged.

Why are bankruptcy cases randomly audited?

Individual bankruptcy cases are randomly audited to determine the accuracy, truthfulness, and completeness of the information that the debtor is required to provide. Please be aware that bankruptcy fraud is a crime.

Can a corporation file for bankruptcy without an attorney?

Corporations and partnerships must have an attorney to file a bankruptcy case. Individuals, however, may represent themselves in bankruptcy court. While individuals can file a bankruptcy case without an attorney or "pro se," it is extremely difficult to do it successfully.

Can a petition preparer give legal advice?

Petition preparers are barred by law from providing legal advice - they cannot explain how to answer legal questions or assist in bankruptcy court. Petition preparers must sign all documents they prepare; print their name, address, and social security number on such documents; and furnish copies to the debtor.

How does bankruptcy work in Virginia?

The bankruptcy process falls under federal law, not Virginia state law, and it works by unwinding the contracts between you and your creditors —that's what gives you a fresh start.

How long does it take for creditors to stop asking for money after filing for bankruptcy in Virginia?

After Filing for Bankruptcy in Virginia. Your creditors will stop bothering you soon after you file. It takes a few days because the court mails your creditors notice of the "automatic stay" order that prevents most creditors from continuing to ask you to pay them.

How many bankruptcy districts are there in Virginia?

Virginia has two bankruptcy districts—Eastern and Western. Each has multiple locations serving various geographical areas. Clicking on the district name will take you to the court's homepage. On each website, you can access the district's local rules and instructions for filing your paperwork.

Can you lose your car if you file Chapter 13?

So you could lose your home or car if you're behind when you file. Chapter 13 bankruptcy. By contrast, Chapter 13 filers must pay creditors some or all of what they owe using a three- to five-year repayment plan. But the payment plan allows Chapter 13 to offer benefits not available in Chapter 7.

Can you keep property in bankruptcy?

Exempt and nonexempt property. You can keep property protected by an exemption or "exempt" property. When a bankruptcy exemption doesn't cover the property, you'll either lose it in Chapter 7 or have to pay for it in the Chapter 13 repayment plan. Choosing state or federal exemptions.

Can student loans go away in bankruptcy?

Nondischargeable debts, like domestic support arrearages and recent tax debt, won't go away in bankruptcy, and student loans aren't easy to wipe out (you'd have to win a separate lawsuit). You'll want to be sure that bankruptcy will discharge (get rid of) enough bills to make it worth your while.

Can you stop paying bills in bankruptcy?

explain when you can stop paying the bills you'll erase in your case. You can expect creditors to call until you file. It's usually best to ignore them because telling creditors about your bankruptcy can encourage them to take more drastic collection steps before losing the right to collect altogether.

What happens to assets in Chapter 7 bankruptcy?

The trustee of the bankruptcy will liquidate the assets, such as cars, homes, and other property of value in a Chapter 7 Bankruptcy proceeding, In exchange for dissolving all past due debts.

How long can you keep assets in Chapter 13?

The individual will be allowed to retain his or her valuable assets over a 3- to 5-year period.

Do I need an attorney to declare bankruptcy?

You are not required by law to hire an attorney to declare relief. Individuals are permitted to represent him or herself as a pro se debtor. You will simply contact the local bankruptcy court and obtain all forms and requirements directly through them. Going it alone is not recommended.

How to help a bankruptcy lawyer?

The following is a list of ways your lawyer can help you with your case. Advise you on whether to file a bankruptcy petition. Advise you under which chapter to file. Advise you on whether your debts can be discharged. Advise you on whether or not you will be able to keep your home, car, or other property after you file.

What is a non-attorney petition preparer?

Non-attorney Petition Preparers. If you file bankruptcy pro se, you may be offered services by non-attorney petition preparers. By law, preparers can only enter information into forms. They are prohibited from providing legal advice, explaining answers to legal questions, or assisting you in bankruptcy court.

Can you file bankruptcy under Chapter 7?

Filing personal bankruptcy under Chapter 7 or Chapter 13 takes careful preparation and understanding of legal issues. Misunderstandings of the law or making mistakes in the process can affect your rights. Court employees and bankruptcy judges are prohibited by law from offering legal advice.

Can I file for bankruptcy without an attorney?

Individuals can file bankruptcy without an attorney, which is called filing pro se. However, seeking the advice of a qualified attorney is strongly recommended because bankruptcy has long-term financial and legal outcomes. Filing personal bankruptcy under Chapter 7 or Chapter 13 takes careful preparation and understanding of legal issues.

What happens if you file for foreclosure in Virginia?

This will stop any foreclosure proceedings. Upon filing, the court will assume legal control of your debts and any property not covered by your Virginia exemptions. A trustee will be appointed to your case by the court. The job of the trustee is to see that your creditors are paid as much as possible.

How much does it cost to file for bankruptcy?

The cost for filing a Chapter 7 bankruptcy is $306. This fee may not be waived but you may be able to pay it in installments. The fee of $281 for a Chapter 13 bankruptcy cannot be waived. If you are filing a Chapter 13 bankruptcy, a proposed repayment plan must also be submitted.

What are the requirements for a Chapter 7 bankruptcy repayment plan?

In addition to the general requirements listed above, the repayment plan must pass each of the following three tests: 1) It must be delivered in good faith. 2) Unsecured creditors must be paid at least as much as if a Chapter 7 bankruptcy had been filed.

What is automatic stay in bankruptcy?

Automatic Stay. Once you have filed your paperwork with the bankruptcy court, an automatic stay immediately goes into effect. This provision prevents creditors from making direct contact with you or staking a claim on any of your property from the day of filing forward. This will stop any foreclosure proceedings.

How long does a trustee have to challenge a debtor?

Trustees and creditors have 60 days to challenge the debtor’s right to a discharge.

How long do you have to pay into a Chapter 13?

3) All disposable income must be paid into the plan for at least three years (you may use up to five years in order to meet the second test that you pay at least as much as in a Chapter 7). If you have filed Chapter 13, you must begin making your plan payments.

When does a trustee call creditors?

Approximately a month after filing, the trustee will call a first meeting of creditors, which the debtor must attend. This proceeding is also referred to as the § 341 meeting, named after the corresponding section of the bankruptcy code.

How much of your weekly income can you keep in Virginia?

Virginia allows you to exempt the larger of 75% of your weekly earnings or 40 times the federal minimum wage. The judge may allow low-income individuals to keep more of their income.

What happens when you don't pay your debt?

When debt is secured, a creditor can repossess your property if you fail to pay them what you owe. Most secured debts are part of a loan transaction where you signed a contract that gave the lender the right to seek a lien on the property that you put up as collateral if you don't repay your loan. Home mortgages and car loans are the most common types of secured debt.

What is unsecured debt?

You have unsecured debt when your creditors cannot seize your property when you fail to pay them. Credit card debt, court judgments, and medical debt are among the most common types of unsecured debt.

Is the bankruptcy court in Virginia open?

COVID-19 Statement — Virginia's bankruptcy courts are open. Virginia's bankruptcy courts are split into an eastern and western district, and both are open. However, there are special rules in place for filing documents with the clerk of courts. Additionally, most hearings are being conducted remotely.

Is debt treated the same in bankruptcy?

Not all debt is treated the same during bankruptcy and it is helpful to understand the different types of debt and how they will be treated. As a general rule, when you declare bankruptcy your debt will be categorized as either secured or unsecured. How your debt is classified will often determine how much you can eliminate through bankruptcy.

Can you discharge debt in Chapter 7?

However, your secured debt can rarely be eliminated, leaving you with three options: