Virginia Bankruptcy Legal Questions

I'm not sure what you mean when you say your "job" has $1,300 from a garnishment.  Do you mean your employer garnished funds from you?  Do you owe your employer money?  Or are you saying a creditor got a judgment against you and obtained a court wage garnishment order and served that on your employer who then sent the $1,300 to the creditor?   You need to find out who has the money and send them the bankruptcy notice and demand it back.  Depending on when it was taken, you may or may not have problems getting it returned.... Read More

Yes.  You must list the asset and the liability of your owned home when you file bankruptcy.  This is never a problem when you have no equity in the house.  If you have a second mortgage, we may be able to help you get a discharge as to part of that debt as well.  Call us for a free consultation.  540-349-3232  Ask to speak with one of our lawyers.  Let them know how you found us.... Read More

The cost can vary depending on the facts of your case.  Because we are competitive, we believe our cost(s) to be lower than other attorneys.  We are centrally located to handle the whole northern half of Virginia, but we actually file cases all over the state, even as far away as Big Stone Gap near Kentucky!   Our Fairfax office is only a half hour away from our main office in Warrenton.  Call us:  540-349-3232... Read More

If you were represented by an attorney when you filed your bankruptcy, you should contact them and tell them to handle this for you.  If you were not represented, I would need to see your petition, and I can handle the response to these creditors.   You may be entitled to damages under the Bankruptcy Code.   Please call us at 540-349-3232 to make an appointment.  Ask for John.... Read More

Yes, you do need to add this asset.  Co-titled assets are still a part of "all assets owned by the Debtor" and must be listed on Schedules A and B.   You also must list the exemption you choose for these assets on Schedule C.   Consult with your attorney.  If you do not have one, we offer a free consultation.  Just call for an appointment.  540-349-3232   It is very likely that you will be able to keep this car, so don't worry.  Just give us a call.  Ask for John.... Read More

Good question.  I see a lot of inaccurate statements from people on the internet about this very question. Bankruptcy law is federal, but interpretation of the bankruptcy laws can vary from district to district across the country.  Unless there is a U.S. Supreme Court ruling on a particular issue, there will be differences in court opinions. There are also several aspects of the Bankruptcy Code which defer to state law for a particular portion of a case.  (Actually, the technical term is "applicable nonbankruptcy law" because it can also includes other federal laws or administrative laws which are not bankruptcy-specific.) Exemptions One main area this arises is with regard to exemptions of assets.  Exemptions protect the value in assets from creditor collections.  Bankruptcy law provides that the state in which the debtor filing bankruptcy resided for the 2 years prior to filing the case.  Or, if there was more than one state during that period, where they resided for the greater part of the 180 days prior to the 2 year period. There are lots of other examples of where The Bankruptcy Code defers to state or nonbankruptcy law, for issues of contract, fraudulent transfers, statutes of limitation, and many others. Community Property Law--State Another huge are in which bankruptcy defers to state law is with respect to property laws.  Whether the state in which the case is filed is a community property state or not can have huge consequences as to how income/eligibility are determined, as well as which assets are part of the "pool" that would be affected by the bankruptcy (known as "property of the estate"). Local-Local Rules To make things trickier, each bankruptcy court has its own set of local procedural rules and many bankruptcy judges have their own individual rules on top of that.   Conclusion The above are but a very few of examples of where nonbankruptcy laws apply in a bankruptcy case.   That is why no matter how expert a given bankruptcy attorney may be on bankruptcy laws, it's important to consult with one in the jurisdiction where your case is going to be filed.   Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.    ... Read More

If your father was a cosigner, then he is liable for the debt to the extent it was not paid in full in your bankruptcy case. The Chapter 13 "codebtor stay" prevented the creditor from seeking collection from your father during the pendency of your case, but now that you received your discharge, the creditor is free to seek to collect from your father. Whether or not your parents' joint assets are liable for the debt depends on the laws of the state they live in, and has nothing to do with bankruptcy law. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.  ... Read More

Great question.  There are many things to look for such as how long have they been practicing bankruptcy law?  Do they dilute their practice with other areas?  What groups do they belong to?  Are they certified specialists?  Do they give personal service, or pass your case along to associates or paralegals? My articles on hiring a bankruptcy attorney and why it's important to research your bankruptcy attorney may shed additional light on this subject for you.   Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.    ... Read More

That depends on which chapter of bankruptcy was filed, whether any assets were distributed by the Trustee (if a Chapter 7 case) and what the laws are governing unlisted creditors in the jurisdiction where the case was filed. If this was a No-Asset Chapter 7 case, in many jurisdictions the failure to list a creditor is of no consequence and the debt is discharged unless the creditor has a basis to object to the discharge (such as fraud). I don't know what the courts in Virginia hold in that regard (assuming this was a Chapter 7 case), so you would need to consult with a bankruptcy attorney there for that information. If it was a Chapter 13 case and you were not listed, then the debt was not discharged and you can, once the case is closed, seek to collect. The fact that payments were made to you after the bankruptcy case was filed doesn't really mean anything. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.  ... Read More

Sounds like you need to have a consultation with a bankruptcy attorney in your area. If you're unsure about how to go about finding an attorney, my article on hiring a bankruptcy attorney may be of interest to you. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.  ... Read More

The answer you are seeking is tax advice, and most attorneys will not and should not give tax advice.  I assume you meant "personal" when you repeatedly said "personnel".   Unless an attorney is also trained in giving tax advice, the answer to this may not come from this blog.  I can say that I do not think a bad investment can be written off on your personal tax return, but talk to your accountant, CPA.... Read More

Yes.  If you co-sign a loan, then you are still liable if the other co-signor files for bankruptcy and obtains a discharge of their obligation.   It is possible that the creditor, when receiving notice of your husband's bankruptcy, will stick the file into a drawer labeled "bankruptcy", which means that they won't come after you.   However, this may end when someone looks closer at that file in the future.  Or, they may simply continue to come after you after his bankruptcy is over in 90 to 100 days after he files.   Bottom line, you are still responsible.... Read More