Virginia Filing For Bankruptcy Without An Attorney-Guidelines & Requirements to Assist Pro Se (Self-Filer) Debtors is the process of filing for bankruptcy in the state of Virginia without the help of an attorney. This type of filing requires the debtor to complete and file all necessary documents and court forms on their own, without any assistance from a licensed attorney. The requirements for filing bankruptcy in Virginia without an attorney vary depending on the type of bankruptcy filed and the debtor's specific circumstances. The types of bankruptcy that can be filed without an attorney in Virginia include: Chapter 7 bankruptcy, Chapter 13 bankruptcy, and Chapter 11 bankruptcy. In order to successfully file for bankruptcy in Virginia without an attorney, debtors must meet certain requirements. These requirements include meeting the eligibility criteria for the type of bankruptcy being filed, completing the necessary paperwork accurately and in full, filing the paperwork within the appropriate timeframe, attending the creditors’ meeting and the hearing, and providing proof of payment of the court filing fee. Additionally, debtors must also complete credit counseling, financial management, and debtor education courses before filing. Once the paperwork is filed, debtors will receive a notice of the bankruptcy filing and will be required to attend a creditors’ meeting and a hearing. At the creditors’ meeting, creditors will have the opportunity to ask the debtor questions about their bankruptcy filing. At the hearing, the court will decide whether to grant the debtor’s request for a discharge of their debts. Once the discharge is granted, the debtor will be relieved of their obligation to repay their debts. Filing for bankruptcy in Virginia without an attorney is a complex process, and debtors should consider carefully the risks and rewards of filing on their own before making a decision. It is also important for debtors to understand the bankruptcy laws and regulations in Virginia and have a clear understanding of their financial situation before filing.
Virginia Filing For Bankruptcy Without An Attorney-Guidelines & Requirements to Assist Pro Se (Self-Filer) Debtors
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If your total monthly income over the course of the next 60 months is less than $7,475 then you pass the means test and you may file a Chapter 7 bankruptcy. If it is over $12,475 then you fail the means test and don't have the option of filing Chapter 7.
Chapter 13 bankruptcy is a reorganization whereas Chapter 7 bankruptcy is a liquidation. A chapter 13 bankruptcy allows them to make up their overdue payments over time and to reinstate the original agreement. Where a debtor has valuable nonexempt property and wants to keep it, a chapter 13 may be a better option.
But when it comes to Chapter 11 vs. Chapter 13, the biggest difference is that Chapter 13 allows someone with regular income to make an adjustment to how they pay back some debts. Chapter 13 may be an option for individuals who fail the means test for Chapter 7.
You may like to file Chapter 13 instead of a Chapter 7 bankruptcy, if you're behind on your mortgage payments and you're trying to save your home. Chapter 7 does not give you the opportunity to catch up mortgage payments or otherwise save your house. A Chapter 13 would be the appropriate chapter to file for that.
Collect Your Virginia Bankruptcy Documents.Take a Credit Counseling Course.Complete the Bankruptcy Forms.Get Your Filing Fee.Print Your Bankruptcy Forms.File Your Forms With the Virginia Bankruptcy Court.Mail Documents to Your Trustee.Take a Debtor Education Course.
Chapter 11, which is more expensive than Chapter 7, is typically intended for medium- to large-sized businesses, but smaller businesses and sole proprietors may also want to consider this type of bankruptcy. Unlike Chapter 7, Chapter 11 does not liquidate assets, only restructures debts.
Individuals can file bankruptcy without an attorney, which is called filing pro se. However, seeking the advice of a qualified attorney is strongly recommended because bankruptcy has long-term financial and legal outcomes.
There are two options for filing personal bankruptcy in Virginia: Chapter 7 or Chapter 13. During your free consultation our attorneys can help you decide which option is best for your situation.