Top Virginia Beach, VA Bankruptcy Lawyers

FAQs

• Where do I file for bankruptcy in Virginia Beach, Virginia?

  Bankruptcy is filed in federal courts. Individuals living in Virginia Beach can file their bankruptcy petitions in the Norfolk Bankruptcy Court.

• Where can I get bankruptcy forms in Virginia Beach, Virginia?

  You can get bankruptcy forms in Virginia Beach at https://www.vaeb.uscourts.gov/bankruptcy-forms#adversary.

• What happens when a married couple in Virginia Beach who have filed for Chapter 13 bankruptcy together eventually separate?

  An estranged couple in Virginia Beach who filed for Chapter 13 bankruptcy together must continue with the case together. The separation may result in a lower Chapter 13 plan payment because expenses may change when a married couple separates. In this case, the estranged spouses should consult with their attorney and decide who will be responsible for the plan payment or if they will share responsibility. If the clients are unable to reach a favorable solution, they may have to find independent legal counsel in the bankruptcy case. If they can't continue with the Chapter 13 plan payment, they can convert the case to Chapter 7 instead.

• Will you automatically lose your home in Virginia Beach if you file for bankruptcy?

  Whether you lose your home or not when you file for bankruptcy in Virginia Beach depends on certain variables. If you file for Chapter 7 bankruptcy, you may have to surrender your home to pay back creditors. However, if the equity you have in your home is fully exempt, you can still keep it despite filing for Chapter 7. Meanwhile, the odds of keeping your home are better when you file for Chapter 13 bankruptcy. This is because Chapter 13 bankruptcy can help you restructure your existing debts and manage to pay back what you still owe.

• Is Chapter 11 bankruptcy limited to businesses in Virginia Beach?

  Businesses like corporations and partnerships frequently file for Chapter 11 bankruptcy in Virginia Beach. However, it is also possible for an individual to file Chapter 11 bankruptcy. This type of bankruptcy helps businesses experiencing financial challenges. It permits an eligible debtor to be protected from creditors while working on a plan to reorganize and restructure debt for his or her business operations to continue. This also helps individuals restructure their debt.

• Will you lose all your assets if you file for bankruptcy in Virginia Beach?

  No. You can keep certain types of property when you file for bankruptcy in Virginia Beach. You can keep $5,000 in equity plus $500 for each dependent who lives with you in your primary residence. If you are a disabled veteran or older than age 65, you can keep $10,000. There is also a $25,000 wildcard exemption approved as of July 2020 that makes residents eligible to retain home equity. Other common exempt assets include pets, medical devices, damages awarded in personal injury lawsuits, the balance of medical savings or health savings accounts, qualifying retirement accounts and pensions, and up to $20,000 in personal property that belonged to a deceased spouse.

• What is the Chapter 7 Means Test in Virginia Beach?

  Because Chapter 7 bankruptcy entails various privileges, federal lawmakers have put in place a Chapter 7 means test to prevent people from abusing it. The Chapter 7 Means Test applies to higher-income filers in Virginia Beach. This test determines if an individual's income is higher than the Virginia median and if they can pay back a portion of their unsecured debts through Chapter 13 bankruptcy. Individuals whose income is below the Virginia median for their household size are exempt from the test and may proceed with filing for Chapter 7 bankruptcy.

• What does a bankruptcy attorney do?

  Bankruptcy attorneys help clients understand whether they qualify for bankruptcy and what their best options are. They also prepare and file petitions, answer questions during the proceedings, and educate clients about potential best steps for a positive bankruptcy outcome. Bankruptcy attorneys might also file motions or paperwork if creditors dispute the bankruptcy, or to stop creditors from taking collections actions forbidden by the bankruptcy.

• What happens when you file bankruptcy?

  Bankruptcy is a formal process that individuals, married couples, or businesses can enact when they are no longer able to pay creditors. In a bankruptcy proceeding, filers are allowed to reduce debt to more manageable levels to best pay off money owed.

  Once the bankruptcy process is initiated, debt collectors can no longer seek repayments outside of the arrangements detailed in the bankruptcy settlement. Some forms of bankruptcy result in the liquidation of assets to pay back debts, while others allow filers to retain most of their possessions and investments. Many types of unsecured debt can be managed with bankruptcy filings, but not all.

• Can you file bankruptcy on student loans?

  Under most circumstances, student loans aren't dischargeable and aren't included in bankruptcy proceedings. In rare cases, it may be possible to eliminate student loans through bankruptcy, but only if the courts determine that continuing to pay the loans would impose an undue hardship. Meeting the criteria for undue hardship is challenging, and most bankruptcy filers don't qualify.

• What is bankruptcy fraud?

  Bankruptcy fraud is a blanket term that refers to any kind of dishonest bankruptcy proceeding, which can include:

  • Hiding assets by transferring them to another person or entity
  • Intentionally omitting assets when reporting to the court
  • Destroying or withholding required documents
  • Knowingly making false statements to bankruptcy trustees or creditors

• How long is bankruptcy on public record?

  How long bankruptcy stays on public record depends on the kind of bankruptcy filing in question. Chapter 7 bankruptcy remains on the record for 10 years as there isn't necessarily a repayment component. Chapter 13 bankruptcy remains on the record for seven years as some obligations are repaid following filing based on the terms of a discharge settlement.

• Does bankruptcy clear tax debt?

  Bankruptcy can clear tax debt, depending on the circumstances. Taxes are dischargeable under Chapter 7 bankruptcy, not Chapter 13, and only if the tax debt is:

  • Federal income tax debt related to current properly filed tax returns
  • Honestly incurred with no fraud or evasion
  • At least three years old
  • Assessed at least 240 days before bankruptcy filings

  Existing liens are not eliminated with bankruptcy.

  
  

• Can they take my car in Chapter 7 bankruptcy?

  In many cases, it's possible to keep a vehicle following Chapter 7 bankruptcy. The Chapter 7 Motor Vehicle Exemption allows filers who own their vehicles outright or who are up to date with payments to keep their cars. However, those behind on making car payments are required to arrange a repayment plan. Otherwise, the vehicle may be repossessed as a part of the proceedings.

• How bad is it to file bankruptcy twice?

  Although possible, due to the damaging nature of bankruptcy, filing bankruptcy more than once isn't recommended. Filing multiple times puts a serious burden on one's credit report, making it harder to get a loan, buy a house, buy a car, or even open credit cards.

  Note that filing for bankruptcy isn't something that can be done at a filer's leisure. There are time limits following bankruptcy cases that dictate when it's permissible to file again. For example, after Chapter 7 bankruptcy, filers must wait at least eight years before filing Chapter 7 again or four years before filing Chapter 13.

• Can anyone file bankruptcy?

  Anyone can file bankruptcy, but there are limitations regarding which form of bankruptcy is permissible. Qualifying for Chapter 7 requires a means test that evaluates income, debt levels, and income left over each month after paying basic obligations. Income over the median set by the court and monthly income that allows meaningful payments toward unsecured debt can disqualify filers from Chapter 7, which is generally the preferred form of bankruptcy due to the possibility of a full discharge. Anyone can file Chapter 13 bankruptcy, but the terms are less favorable. In most cases, some debts must be repaid following a successful filing. Chapter 13 is also more likely to result in asset forfeiture.

• How will bankruptcy affect my credit score?

  Bankruptcies are noted on credit reports. How much a bankruptcy might drop a person's credit score depends on how high the score was to begin with, but generally speaking, the hit can be as much as 100 to 200 points. Often scores are already dropping because people filing for bankruptcy may have already missed payments on debts. Chapter 13 bankruptcies are listed on credit reports for seven years from the filing date, while Chapter 7 bankruptcies are listed for 10 years from the filing date. This is because Chapter 13 bankruptcies require at least partial payment of debts owed.

• What are the benefits of filing for bankruptcy?

  Filing a bankruptcy petition causes an automatic stay. This legally stops creditors from taking further action to collect debt, including garnishing wages or foreclosing on property. Going through a bankruptcy successfully means that debts included in the bankruptcy are discharged and don't have to be paid back, except as provided in a Chapter 13 repayment plan. Bankruptcy can help someone recover from financial duress so they can make better decisions and improve financial situations in the future. Disadvantages can include temporary lower credit scores and limitations on spending and financing.

• What's the difference between debt settlement and bankruptcy?

  Debt settlement occurs when people negotiate with individual creditors. The creditor agrees to take a payment that's lower than what someone owes and call the debt “paid in full.” Bankruptcy is a legal process that causes debts to be dismissed after someone proves they don't currently have the means to pay their debts as owed. Typically, someone can't enter into bankruptcy and also settle some debts, because the court would see that as favoring one creditor over another.