Virginia Bankruptcy Legal Questions

The only question I see here is whether you can sue your lawyer.  Sometimes I say that anyone can sue anyone for anything.   But, naturally, you want to know if you have a good case.   This would depend on the tems of your written fee agreement, and what promises have been made and/or broken.   A good analysis should be done by an attorney who would sue an attorney.  The best reference I can give for this is the law firm of David Duff in Fairfax, VA.   703-591-7475... Read More

That depends on what your credit score is before you file your bankruptcy case.  If it is very high (over 700) then it will likely be lowered temporarily after you file for bankruptcy. If your credit score is very low, then the score could actually increase after filing bankruptcy. Either way, you can rebuild your credit after filing a bankruptcy case so that your credit score steadily improves over time. 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

Child support is an allowable expense on the means test.  Why did you file a Chapter 13 case if you are $1,500 per month negative in your budget?  What did the means test show?   This is a very complicated analysis and way beyond the scope of this forum.  You need to have an experienced bankruptcy attorney analyze your situation and advise as to your options. 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

Annissa, The first question raised by your question is, "Who was your attorney, and why can't she/he answer this for you?" We provide FULL service here, including four realtors on staff to get a short sale done.  If you don't sell for enough to pay the second mortgage, that's a "short sale".   Yes, you have received a discharge on all debt, meaning that you technically don't owe those mortgages either.  However, as I always say, "You pay you stay, you don't you won't."   Therefore, you can just walk from this house, but I would highly recommend a sale, as it means you don't later have to sign a 1003 when buying a house, which requires you to admit you had a foreclosure, whether it's on your credit report or not (which it won't be, because of the FCRA).   So, all the money you receive must go first to the first, and second to the second, and if any is left over after paying the realtor and grantor's taxes, you can pocket it.   If it's not enough, then you must walk with nothing.   That's a short sale! By the way, Nancy gave a great (and shorter) answer! Call us for a free consultation.  jcm@jcmpllc.com   540-349-3232 John... Read More

Virginia provides a $5000 homestead exemption that can be applied to any property you choose.  There is not a specific exemption for bank accounts, but you can use your homestead exemption to protect up to $5000 in your checking account.  If it's a joint account, you can protect up to $10,000, plus you get to claim an additional $500 per dependent.... Read More

In a Chapter 13 Bankruptcy, all the creditor need not be rpesent at the creditors meeting. The creditors usually only send a represenative to these meetings if they wish to contest something in your petition or your ability to qualify for bankruptcy protection.   I have responded to your inquiry according to the laws of Massachusetts, where I practice. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.      Joseph F. Botelho, Esq. BOTELHO & ASSOCIATES, LLC Attorneys At Law   www.massachusettslawyeronline.com 126 Shove Street Unit 202 Fall River, MA 02724 Office:  888-269-0688 FAX:    877-475-8147  ... Read More

This is not really a bankruptcy question, but rather one that involves the Fair Credit Reporting Act (FCRA) and should be directed to any attorney who handles those matters. You can dispute any entry on a credit report, but I'm not sure of any mechanism to expedite the correction in time to finish your purchase. 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

Bankruptcy and divorce are mostly unrelated.  The only effect the bankruptcy has is that any joint assets which are not exempt are subject to liquidation by the trustee.  If there is little or no equity ion the house, the house is not at risk.  Even if there is equity, the 2 of you can agree that he gets it as part of the settlement and that should assure the trustee has no rights to it. ... Read More

You have a very good case under Section 362 of the Bankruptcy Code.  I am concerned, first, with who your bankruptcy attorney was.  That attorney should be handling this for you.   If you did not have an attorney, then the chapter 13 trustee should be able to help you.  If none of these avenues work, please call my office.  I will be glad to help you with this problem.  540-349-3232... Read More

There are too many different variables to answer that question as it currently is asked.  It depends on numerous factual issues.   You should consult a local bankruptcy attorney because a local attorney can determine what steps are appropriate.  Most bankruptcy attorneys offer a free initial consultations. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read More

The rent due prior to filing Chapter 7 bankruptcy will most likely be dischargable (unless there is some reason under 11 U.S.C. §523(a) that you could claim in a very expensive Advisory Proceeding, like fraud), or it is an asset case where you can file a Proof of Claim. The tenant will be responsible for all rent and damages that accrue after the filing date. Because of the Automatic Stay (11 U.S.C. §362), you have to either ask the Bankruptcy Court for relief from the Automatic Stay to proceed with an Unlawful Detainer (Possession) or wait until the tenant receives a Discharge or the case is dismissed. If the tenant filed a prior bankruptcy within 12 month of the current one, the Automatic Stay my terminate 30 days after filing if no action is taken to extend it. Two prior bankruptcies within 12 months, there is no Automatic Stay and you may proceed with an Unlawful Detainer. CAUTION: In any State Court action, I would suggest you be represented by a bankruptcy attorney so he or she can explain bankruptcy to the Virginia Judge, along with applicable copies of the Bankruptcy Code and case law at hand. Kenneth A. Moreno, VSB#37686 1553 S. Military Hwy, Suite 100 Chesapeake, VA 23320 (757) 486-1938 Only licensed in Virginia... Read More

There's nothing wrong with refinancing prior to filing a bankruptcy case.  Credit unions, however, will typically require a reaffirmation of the debt in order to retain the collateral--in your case, the car.    Reaffirmation agreements obligate you to pay the full balance owed on the vehicle (or other collateral) despite the bankruptcy discharge.  Thus, if you are later unable to keep up with your payments to the credit union, they can both repossess the car and sue you to recover any deficiency balance after it is sold.   Your personal loan is separate and should not be affected by the vehicle financing unless you signed a cross collateralization agreement.  You should definitely have your bankruptcy attorney check all the relevant documents in order to properly advise you on your options. 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 legal fee for a bankruptcy varies by attorney and the amount of service provided. Court fees, costs of pulling a due dilligence credit report, and pre and post bankruptcy credit counseling fees are extra. When you add in all these extras, $1,500 is probably close to the starting point of what a Chapter 7 will cost. Chapter 13 will cost more and additional services will also increase the cost.... Read More

That depends on the agreement you signed with the attorney.  Each attorney's retainer agreement will be unique.  You should read over the retainer agreement to determine what the scope of representation encompasses. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read More