Bankruptcy in Norfolk, VA

Are you contemplating bankruptcy or hiring a bankruptcy attorney in Norfolk, Virginia? Are you tired of creditors calling for payments you can’t make? Maybe looking for a way to get out of debt and have you exhausted all other options? Then bankruptcy might be the solution you seek. It is a legal option that can erase a portion or all of your debts.

Types of Bankruptcy in Norfolk, Virginia

Bankruptcy is a legal process that helps individuals and businesses get a fresh financial start. It eliminates a portion of or all of their debts or financial liabilities. In Norfolk, VA to be approved, individuals must prove they have a hardship that prevents them from staying current on their financial obligations. Keep in mind that not all debts qualify. Some liabilities, such as child support arrears, delinquent taxes, alimony, and student loans generally do not qualify for discharge. Consumers who find themselves falling behind in debt can file either Chapter 7, 11 or 13. To determine which option is right for you, you’ll need to assess your goals, assets, and income. You should also consider working with an experienced bankruptcy attorney.

As of 2021, debt relief can involve working with the Norfolk Division of the U.S. Bankruptcy Court of the Eastern District of Virginia.

Chapter 7 Bankruptcy

Many people find Chapter 7 to be the right solution for their circumstances because it provides them with the opportunity to start over financially. However, before filing for Chapter 7 bankruptcy, you should thoroughly assess your income and ability to repay what you owe. You should also speak with a bankruptcy attorney in Norfolk  who can help you to decide if a liquidation plan is right for you.

Typically, individuals approved for Chapter 7 lack stable income or have experienced a change in circumstances that has resulted in an inability to manage their debts. Though Chapter 7 erases debts, the tradeoff is you may have to give up certain possessions, such as your home, car or some other assets. However, once you file your petition, an automatic stay goes into effect that requires all collection activity against you like foreclosures and garnishments, to stop temporarily. However, the automatic stay does not prevent all collection attempts. For example, if you owe child support or restitution for a criminal case, you are still liable for those payments.

The U.S. Bankruptcy Court of the Eastern District of Virginia lists dozens of requirements to meet when filing for Chapter 7. Along with your voluntary petition and other details, a filing fee of $338 is due to get the process started. You can apply to waive this cost or pay in installments, but approval depends on your overall financial status.

Two steps you need to take before filing are means-testing and credit counseling. The former looks at your finances to discover if you make more than the median income in Virginia. Recent data reports this number to be $53,026 for households in Norfolk. As for organizations that provide certification of completion, you can choose from one of many approved agencies.

Chapter 11 Bankruptcy

Chapter 11 bankruptcy is more complex than other types of bankruptcy. It is often used by businesses and certain types of people. It allows petitioners to restructure their debts with a reorganization plan, so they are easier to manage over a determined length of time, usually four to 18 months. The main benefit of Chapter 11 bankruptcy is that it does not require petitioners to sell off or liquidate their assets to pay what they owe. It does allow debtors to negotiate with their creditors a reorganization plan that enables them to stay current on their debts moving forward.

According to the U.S. Bankruptcy Court of the Eastern District of Virginia, Chapter 11 usually applies to a corporation. As a result, portions of the information to submit are a balance sheet and a cash-flow statement. Individuals from Norfolk can qualify, but you will want to consider seeking professional advice first.

Chapter 13 Bankruptcy

Chapter 13 Bankruptcy is a debt restructuring or wage earners plan. In Norfolk, VA after you file, the courts will assign a trustee to examine your liabilities and assets and ability to pay bills. Unlike other types of bankruptcy, Chapter 13 involves you restructuring your debt with a three to five-year repayment plan. The flexibility of this repayment plan will depend on what property you want to keep and how steady your income is. It may also give you the opportunity to have some or most of your debts discharged.

The U.S. Bankruptcy Court of the Eastern District of Virginia requires credit counseling at least 180 days before filing for Chapter 13. While you may keep property like your home or vehicle, this does not apply to all circumstances. Norfolk debtors must engage with debt counselors to know if the short-term benefits outweigh the long-term.

The Bankruptcy Process in Norfolk, Virginia

There is never an ideal time to declare bankruptcy. However, if you are unable to pay off what you owe within five years, filing for bankruptcy can help you to lessen the negative impact on your situation and help you get back on track.

In Norfolk to begin the filing process, gather all of your financial records, including monthly expenses, debts, assets and annual income. This information is crucial to give the courts an accurate picture of your circumstances. Failure to provide all necessary information can result in your petition being denied.

Debtors from Norfolk have the option of choosing exemptions provided by the federal government or the Code of Virginia. The advantages or disadvantages depend on the value and type of your property. For example, the current homestead exemption under state law allows you to keep up to $25,000 in equity. Additionally, if you’re under the age of 65, you can choose up to $5,000 in personal property. Seniors can exempt up to $10,000, but it’s worth keeping in mind that value is assessed by state officials.

At least six months before you file for bankruptcy, eliminate unnecessary spending. Do not run up the balances on your credit accounts. You’ll also need to complete an approved credit counseling course, usually online or over the phone. Credit counseling is necessary to help you learn financial literacy and help you learn better financial habits. Once you complete the course, you’ll receive a certificate of completion to include in your filing. If you don’t have the certificate of completion from the credit counseling course that you took, the courts will reject your bankruptcy petition.

Work With an Experienced Norfolk, Virginia Lawyer

Hiring a local bankruptcy lawyer in Norfolk during this process can help reduce the costly risks of self-representation in court. An experienced bankruptcy lawyer understands state and federal bankruptcy laws. He or she can help you understand which laws apply to your case, especially which debts that can be discharged or can’t be discharged. An experienced Virginia attorney can also offer you guidance to improve the outcome of your case.

Keep in mind that there are debt management alternatives and financial resources that may benefit you more than bankruptcy, such as debt consolidation. Though bankruptcy is an attractive solution, it is best as a last resort. Do you need immediate help? Then one of our experienced lawyers in Norfolk can guide you through the entire bankruptcy process. We can even help you connect with an attorney across Virginia state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!