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 bad is it to file bankruptcy twice?

<p dir="ltr" style="line-height:1.2;margin-top:9pt;margin-bottom:9pt;">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.</p><p dir="ltr" style="line-height:1.2;margin-top:9pt;margin-bottom:9pt;">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.</p>

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.

6 Best Charleston Bankruptcy Attorneys

Flaherty Sensabaugh Bonasso PLLC

200 Capitol Street, Charleston, WV 25301

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Debt Settlement

Flaherty Sensabaugh Bonasso PLLC provides legal assistance for a wide range of practice areas including bankruptcy. Its team of bankruptcy lawyers in Charleston handles commercial bankruptcy cases in which they represent creditor committees, businesses, and asset purchasers. They also help litigants in disputed collection cases. Furthermore, the attorneys litigate lien priority disputes and real estate title disputes. James W. Lane, Jr., one of the firm's bankruptcy lawyers, has been representing debtors, creditors, owners, and DIP lenders for over two decades.

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Frost Brown Todd LLC

500 Virginia Street East, Suite 1100, Charleston, WV 25301-3207

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Student Loan Debt

Serving the Charleston area, Frost Brown Todd LLC is a full-service law firm that handles a wide range of areas covering bankruptcy law. The company provides legal representation for debtors and borrowers in chapter 11 proceedings. The legal office also advises clients in bankruptcy litigation covering equitable subordination, stays against lien enforcement, and lender liability. Douglas L. Lutz, the firm's bankruptcy group leader, is the Vice President of Education of the Board of Directors of the American Bankruptcy Institute.

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Goodwin & Goodwin, LLP

300 Summers Street, Charleston, WV 25301

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Debt Settlement

The bankruptcy attorneys at Goodwin & Goodwin LLP serve corporations in Charleston and the surrounding areas. They represent lenders and creditors in different proceedings related to bankruptcy. These include restructuring negotiations, collection efforts, workout agreements, and insolvency actions. The legal team also appears in courts to protect the rights of clients in cases involving asset recovery in fraudulent transactions, bankruptcy sales and acquisitions, cash collateral actions, as well as leasehold and reclamation.

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Pepper & Nason, Attorneys at Law

8 Hale Street, Charleston, WV 25301

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Chapter 7 Bankruptcy
Chapter 13 Bankruptcy

Pepper & Nason, Attorneys at Law is a Charleston-based general practice law firm established in 1985. Its bankruptcy attorneys are dedicated to providing protection to individuals and businesses facing overwhelming debt. They assist clients in finding the right financial options based on their situations, whether they qualify for Chapters 7. 11, or 13 bankruptcy. Prospective clients can speak to the legal team to understand the process of bankruptcy and how it can affect their debt and credit scores.

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Powell & Majestro P.L.L.C.

405 Capitol Street Suite P-1200, Charleston, WV 25301

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Chapter 7 Bankruptcy
Chapter 13 Bankruptcy
Credit Card Debt

Located in Charleston, Powell & Majestro P.L.L.C. handles personal injury and bankruptcy cases. The bankruptcy attorneys of the firm protect clients whose rights have been violated by debt collectors and creditors under the Fair Debt Collection Practices Act and the West Virginia Consumer Credit and Protection Act. They charge credit unions, credit card companies, and banks for punitive and compensatory damages. Charleston, Powell & Majestro P.L.L.C.'s lawyers have a combined legal experience of more than 50 years.

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Sammons Law Firm, PLLC

209 Capitol Street, Charleston, WV 25301

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Debt Settlement

Sammons Law Firm, PLLC handles a variety of business and bankruptcy-related matters for clients in Charleston. W. Howard Sammons II is a bankruptcy attorney that serves businesses. He provides legal representation to them in filing secured and unsecured bankruptcy and guides them in conducting a bidding process for their businesses' assets. Aside from business bankruptcy, Sammons also practices environmental management law and has taken care of several notable cases in this field of law.

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Best Bankruptcy Attorneys in Charleston

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Bankruptcy Attorneys FAQs

Flaherty Sensabaugh Bonasso PLLC

Frost Brown Todd LLC

Goodwin & Goodwin, LLP

Pepper & Nason, Attorneys at Law

Powell & Majestro P.L.L.C.

Sammons Law Firm, PLLC

Frequently Asked Questions

Q: Can anyone file bankruptcy?

Q: How bad is it to file bankruptcy twice?

Q: Can they take my car in Chapter 7 bankruptcy?

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