Virginia Chapter 7 Bankruptcy Lawyers | Virginia Bankruptcy Attorneys
If you are facing a mountain of debt that you just cannot get out from under on your own, a Chapter 7 bankruptcy may be a good option. In a Chapter 7 petition, you will be able to discharge nearly all of the debts that you owe. Although it is a common belief that filing Chapter 7 bankruptcy will eliminate all of your debts, that is not necessarily the case.
Certain types of debts cannot be discharged in bankruptcy, including income taxes owed, child support payments, and student loan debt. In addition, any secured debts – debts that are backed by property such as a house or car – may not be able to be discharged in bankruptcy. Our experienced Virginia Chapter 7 bankruptcy lawyers can help you determine which debts may be discharged by filing a Chapter 7 petition.
Before a debtor may file bankruptcy with the court, they must first find out if they are eligible for the chapter that they are filing. In a Chapter 7 bankruptcy, a person must either make less than the state median for a family of similar size, or pass a means test in order to be eligible. If the debtor does not pass the means test, they will be ineligible for a Chapter 7 bankruptcy.
If the debtor proceeds to file under Chapter 7 after failing to pass the means test, then there is an automatic presumption of abuse, and the debtor then maintains the burden of proving to the court that he or she is not abusing the system. If the debtor cannot prove there is no abuse, then the case will be dismissed and he or she will have to pay whatever debts they have accrued, or it will be converted to a Chapter 13 case with the debtor’s permission.
In order to complete the Official Bankruptcy Forms, which make up the petition and schedules, our Virginia Chapter 7 bankruptcy lawyers will help you compile the following information:
- A list of all creditors and the amount and nature of their claims;
- The source, amount, and frequency of your income;
- A list of all of your property; and
- A detailed list of your monthly living expenses, (i.e., food, clothing, shelter, utilities, taxes, transportation, medicine, etc.)
The experienced Virginia Chapter 7 bankruptcy lawyers at Charles B. Roberts & Associates, P.C. can help you with the complex process of filing a Chapter 7 bankruptcy petition. Call 703-491-7070 or 1-888-407-4529 ( toll free) today to discuss your case.
We handle cases in Arlington, Fredericksburg, Woodbridge, and throughout Virginia.