Wednesday, November 22, 2017

How To File Chapter 7 Bankruptcy In Virginia Beach – Video from Bankruptcy Lawyers in Virginia Beach - From Expert Bankruptcy Lawyers Virginia Beach

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Monday, November 20, 2017

What Happens After a meeting with My Affordable Bankruptcy Lawyers in Virginia Beach and my Trustee? - From Expert Bankruptcy Lawyers Virginia Beach

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So this is just another common question we get most often and our recommendation is always to contact an affordable bankruptcy lawyers in Virginia Beach or of course your local area.  In the mean time check out this resource we found for you by Stephanie Dube Dwilson on Legal Zoom.

A trustee bankruptcy meeting is a normal part of a Chapter 7 or Chapter 13 bankruptcy process. Some debtors get nervous about attending the meeting, so preparation can help. After the meeting, creditors may have questions or objections, so proceed one step at a time until your bankruptcy is discharged.

Types of Bankruptcy

Most individuals file either a Chapter 7 or Chapter 13 bankruptcy. A Chapter 7 eliminates debt, lasts less time than a Chapter 13 (about three to four months), but also sells any of your property that is not exempt, meaning it’s not protected by law. A Chapter 13 bankruptcy is a repayment plan to pay back all or some of your debt. This usually lasts 36 to 60 months and can prevent home foreclosure and car repossession.

During the Trustee Meeting with my Affordable Bankruptcy Lawyers In Virginia Beach

A bankruptcy trustee administers your case, makes sure the rules are followed and case is resolved. One of his jobs is to hold a Meeting of Creditors, also called a 341 meeting or a trustee meeting. The meeting typically takes place a few weeks after filing for bankruptcy. For Chapter 7, the trustee will discuss your non-exempt assets. For Chapter 13, the trustee will review the repayment plan. For both types of bankruptcy proceedings, the trustee will ask such questions as whether you owe child support, if your wages are garnished and if you recently transferred any money or property. Creditors are invited to attend, but rarely do.

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Objections

Creditors and the trustee have 30 days after the 341 meeting to file objections to any Chapter 7 property exemptions you claimed with you affordable bankruptcy lawyers in Virginia Beach. These might be based on state law or the Bankruptcy Code, such as limits allowing you to keep up to $1,450 in jewelry and up to $11,525 in household goods, furniture and appliances. An objection might also be filed if the trustee is concerned you have too much money in the bank or other assets.

Orders from the Court

After the meeting of creditors, the court may issue orders upon the debtor. These can include turning over property or assets, or providing the trustee with information. You should reply promptly to any requests and work closely with your affordable bankruptcy lawyers in Virginia Beach. If the debtor fails to follow these orders, the case may be dismissed.

Financial Management Class

Whether filing a Chapter 7 or Chapter 13 bankruptcy, all debtors must complete a financial management course within 45 days of the scheduled 341 meeting. You must file an Official Form 23 with the court confirming completion of the course. If a debtor does not file this form, his case may be closed without any debts being discharged.

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Adversary Proceedings

In a Chapter 7 bankruptcy, creditors have 60 days after the 341 meeting to file a complaint, also known as an adversary proceeding. This is essentially a lawsuit within a bankruptcy case. A complaint can also be filed by the trustee, spouse or anyone with claims against the debtor or his assets. Complaints are often filed if a creditor thinks the debtor committed fraud, such as running up charges just prior to bankruptcy. Adversary proceedings are run like a civil lawsuit, with the debtor responding and the court making a decision.

Confirmation Hearing

Individuals who filed Chapter 13 must attend a plan confirmation hearing in front of the judge and your affordable bankruptcy lawyers in Virginia Beach will attend with you. This gives the judge a chance to review the debtor’s plan to repay his debts. Once the plan is approved, you must faithfully continue to make payments to your creditors according to the plan.

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Discharge

A bankruptcy discharge means all actions to collect a debt must cease and the debtor gets a fresh start. In a Chapter 7 bankruptcy, if no one files an adversary proceeding and all objections are dealt with, the bankruptcy will be discharged. This usually happens about 10 to 12 weeks after the 341 meeting. In a Chapter 13 bankruptcy, the bankruptcy is discharged after the repayment plan is completed.

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Thursday, November 16, 2017

Liked on YouTube: Chapter 7 Bankruptcy Cost in Virginia Beach - From Expert Bankruptcy Lawyers Virginia Beach

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Liked on YouTube: Cheap Bankruptcy Lawyers in Hampton Roads - From Expert Bankruptcy Lawyers Virginia Beach

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I Need To Find Cheap Bankruptcy Lawyers in Hampton Roads. How Much Does Chapter 7 Bankruptcy Cost In Virginia Beach? - From Expert Bankruptcy Lawyers Virginia Beach

I Need To Find Cheap Bankruptcy Lawyers in Hampton Roads. How Much Does Chapter 7 Bankruptcy Cost In Virginia Beach?

This is a great question and one we get quite often. You can certainly find cheap bankruptcy lawyers in Hampton Roads. You can even take advantage of a free consultation to find out more about costs of hiring cheap Chapter 7 bankruptcy lawyers in Virginia Beach. In the mean time we have found a couple of articles that you might find useful about Chapter 7 Bankruptcy Cost in Virginia Beach.
Bundle Of Money, Judges Gavel And Soundboard On Wooden Table
Chapter 7 Bankruptcy Virginia Cost
The courts must charge a $245 case filing fee, a $75 miscellaneous administrative fee, and a $15 trustee surcharge. Normally, the fees must be paid to the clerk of the court upon filing. With the court’s permission, however, individual debtors may pay in installments. 28 U.S.C. § 1930(a); Fed. R. Bankr. P. 1006(b); Bankruptcy Court Miscellaneous Fee Schedule, Item 8. The number of installments is limited to four, and the debtor must make the final installment no later than 120 days after filing the petition. Fed. R. Bankr. P. 1006. For cause shown, the court may extend the time of any installment, provided that the last installment is paid not later than 180 days after filing the petition. Id. The debtor may also pay the $75 administrative fee and the $15 trustee surcharge in installments. If a joint petition is filed, only one filing fee, one administrative fee, and one trustee surcharge are charged. Debtors should be aware that failure to pay these fees may result in dismissal of the case. 11 U.S.C. § 707(a).
cheap-bankruptcy-lawyers-in-hampton-roads
Are There Any Other Chapter 7 Bankruptcy Cost In Virginia Beach


We now know that attorneys may charge more for complications. Your average bankruptcy case doesn’t have any — most are fairly straightforward. You’ll file, you’ll either surrender your assets or work out a payment plan, you’ll get your discharge, and you’ll go on your merry way. However, not every case is so simple.
Bankruptcy isn’t just about filing forms. There’s a lot of room for litigation, especially surrounding Chapter 7 exemptions. So, while attorney fees for an easy, open-and-shut Chapter 7 case will fall around $900-$1,500, most firms will charge more if court time becomes necessary, however there are cheap bankruptcy lawyers in Hampton Roads that may charge less.
For example, say the Bankruptcy Trustee objects to your valuation of some property you want to exempt. That question will have to be resolved in front of a judge. Your cheap chapter 7 bankruptcy lawyers in Virginia Beach will have to prepare a defense and appear in court, which will probably cost you a few hundred dollars extra. If someone files an adversary proceeding in your case (perhaps objecting to your discharge on grounds of fraud or concealment of records), you’re looking at a lot of research, preparation for a whole case, and plenty of court time. The bill for an adversary proceeding may well be in excess of $10,000.
Of course, these scenarios are relatively rare. Most cases proceed smoothly if you have a competent lawyer. However, the scenarios above are possible and you should be aware of them as you calculate the chapter 7 bankruptcy Virginia cost.
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Cheap Chapter 7 Bankruptcy Lawyers in Virginia Beach
You’ve probably seen billboards and cheesy commercials advertising chapter 7 bankruptcy Virginia cost. Is it a good idea to use cheap bankruptcy lawyers in Hampton Roads? Probably not. You’re right to be cost-conscious when you’re already strapped for cash, but a cut-rate bankruptcy attorney is going to cost you in the long run. Lawyers that offer reduced-fee filing often hand your case down to a paralegal that handles the whole thing with little or no supervision. The low price comes with inexperience and poor attention to detail. Paralegals play an important role in legal work, but you want to have your case in the hands of an attorney.
Remember you get what you pay for
Our cheap chapter 7 bankruptcy lawyers in Virginia Beach are the best. For more information on finding cheap bankruptcy lawyers in Hampton Roads.

 

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Need help with your bankruptcy filing in Virginia Beach?

Chapter 7 Bankruptcy Cost in Virginia Beach – Video from Bankruptcy Lawyers in Virginia Beach - From Expert Bankruptcy Lawyers Virginia Beach

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Looking for bankruptcy filing help in Virginia Beach, VA? Here is a video you should really check out:

via Virginia Beach Bankruptcy Lawyer Expert




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Is It Possible To Get An Emergency Bankruptcy Filing To Stop Foreclosure In Virginia Beach - From Expert Bankruptcy Lawyers Virginia Beach

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If you’re a homeowner in Virginia Beach and facing a foreclosure you may be considering an emergency bankruptcy filing to stop foreclosure in Virginia Beach. We strongly suggest contacting one of our bankruptcy lawyers in Virginia Beach.  Find out what your legal options are today.  In the mean time here’s a resource we found that you might find useful.

Bankruptcy can save your house from foreclosure

NEW YORK (CNNMoney.com) — Slick TV commercials and online ads tell delinquent borrowers that they can save their homes by filing for personal bankruptcy. But is it true — or just too good to be true?

True!

Bankruptcy can bring foreclosure proceedings to a halt, end harassment from debt collectors, and give borrowers time to make up missed payments and reorganize their finances. In some cases, bankruptcy can also help mortgage borrowers save their homes permanently.

It’s not, however, going to help every troubled homeowner. If, for example, the homeowner’s biggest problem is not enough money, bankruptcy is not going to solve that.

“It’s the best tool there is for people behind in payments but who have ongoing income,” according to Binghamton, N.Y., attorney Peter Orville, “those who had been making payments and who could be making payments again.”

legal stop to foreclosure process
Halting the process

The first thing a bankruptcy filing accomplishes is to stop the foreclosure process. Lenders can’t foreclose or even try to collect debt until permitted to do so by the court.

But first, you have to decide what type of bankruptcy to file for. There are, basically, two types to choose from: Chapter 7 and Chapter 13. Speak to a bankruptcy lawyer in Virginia Beach now and find out which emergency bankruptcy filing to stop foreclosure in Virginia Beach.

A Chapter 7 bankruptcy delays foreclosure. but eventually it usually results in the liquidation of most assets, according to attorney Stephen Elias, author of “The Foreclosure Survival Guide.” Borrowers almost always lose their homes in a Chapter 7.

Some bankruptcy attorneys in Virginia Beach, like New York-based David Pankin, prefer Chapter 7 because it gets rid of all unsecured debt, leaving only secured debt, such as mortgages, exempt. In this scenario, borrowers still owe their mortgage payments but they can likely afford to make them because all the other debts have been discharged.

But for most experts, Chapter 13 is usually more effective at helping people keep their homes. It gives them time to repair their finances, usually three to five years, during which the court agrees to an income-based budget with monthly payments made to trustees.

bankrupty virginia beach trustee

The trustees pay the bills, first paying off the secured debt. After that, the trustee pays off unsecured debt, starting with back income taxes.

Next in line comes unsecured debt like credit cards and medical bills. By then, there’s usually little cash left and these bills are paid at less than the full rate, often as little as five cents on the dollar.

Borrowers, if they kept up on their payments, can emerge from bankruptcy with their homes still in their possessions.

One thing courts cannot do is “cram down” loan balances on primary residences. That is, reduce mortgage debt to what the home is worth. Neither can they lower interest rates, in most cases, nor lengthen the term of the loans.

2nd-Mortgage and bankruptcy

They can, however, “strip off” second mortgages, like home equity loans or lines of credit, when home values fall below the first mortgage balances, according to Elias.

“This allows the judge to get rid of the second mortgage,” he said. “If there’s not enough equity to secure the second, it becomes unsecured debt.”

That can be a huge advantage for borrowers. Homeowners may have, for example, a $200,000 first mortgage balance and another $50,000 on a home equity loan. If the home value has dropped to less than $200,000, the judge could rule that all $50,000 of the second is unsecured. Then, it can be paid off at the same pennies-on-the dollar as other unsecured debt.

But there are other downsides. Bankruptcy can lop as much as 240 points off credit scores. And bankruptcies can remain on credit reports for 10 years, said Pamela Simmons, a California real estate attorney, while all other black marks disappear after seven years or less.

Fending off deficiencies

There is also a potential tax advantage to filing for bankruptcy in Virginia Beach rather than going to foreclosure, according to Simmons. When a home is repossessed and the lender forgives the portion of the mortgage balance above its market value, a tax liability can be triggered. Any difference between what people borrow and what they repay is considered income.

Congress is temporarily allowing that unpaid debt to be forgiven — but only for money specifically spent on the home purchase or on home improvement.

businessman with small income running away from tax paper monste

Foreclosed? Here comes the taxman

Millions of people, however, refinanced mortgages or took out home equity loans and used the money to fund vacations, pay college tuition, buy cars or boats or simply to live the good life. That money is taxable.

Simmons had a recent client who was allowing his lender to foreclose on him and called her about the timing, asking whether he had to vacate by the day of the auction.

In passing, she asked him how much he owed on the house. He said he bought it for a million but had taken out another $2 million, most of which had not been spent on the house. When she told him he would owe taxes on it both to Uncle Sam and the State of California, he was dismayed

She rushed him into her office and they did the paperwork so he could file for bankruptcy.

“If they discharge that deficiency in bankruptcy, you don’t owe tax on it,” said Simmons.

For more information on wither Emergency Bankruptcy Filing to Stop Foreclosure in Virginia Beach will help you go to http://bankruptcylawyersvirginiabeach.com/




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Monday, November 13, 2017

Best Bankruptcy Attorney Virginia Beach – Explains Bankruptcy - From Expert Bankruptcy Lawyers Virginia Beach

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About Bankruptcy – From Bankruptcy Lawyers Virginia Beach

Filing bankruptcy in Virginia Beach can help a person by discarding debt or making a plan to repay debts. A bankruptcy case normally begins when the debtor files a petition with the bankruptcy court. A petition may be filed by an individual, by spouses together, or by a corporation or other entity.
All Virginia Beach bankruptcy cases are handled in federal courts under rules outlined in the U.S. Bankruptcy Code.
There are different types of bankruptcies, which are usually referred to by their chapter in the U.S. Bankruptcy Code.
  • Individuals may file Chapter 7 bankruptcy or Chapter 13 bankruptcy, depending on the specifics of their situation. For more information on a Chapter 7 bankruptcy lawyer Virginia Beach VA
  • Municipalities—cities, towns, villages, taxing districts, municipal utilities, and school districts may file under Chapter 9 to reorganize.
  • Businesses may file bankruptcy under Chapter 7 to liquidate or Chapter 11 to reorganize.
  • Chapter 12 provides debt relief to family farmers and fishermen.
  • Bankruptcy filings that involve parties from more than one country are filed under Chapter 15.
http://bankruptcylawyersvirginiabeach.com provides detailed information about filing bankruptcy in Virginia Beach and how to find the best bankruptcy lawyers in Virginia Beach.
Seeking the advice of a qualified bankruptcy lawyer in Virginia Beach is strongly recommended because bankruptcy has long-term financial and legal consequences. Individuals can file bankruptcy without a lawyer, which is called filing pro se.
Use the forms that are numbered in the 100 series to file bankruptcy for individuals or married couples. Use the forms that are numbered in the 200 series if you are preparing a bankruptcy on behalf of a nonindividual, such as a corporation, partnership, or limited liability company (LLC). Sole proprietors must use the forms that are numbered in the 100 series.
(Source uscourts.gov)




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Sunday, November 12, 2017

Local Bankruptcy Lawyer Virginia Beach – Video from Bankruptcy Lawyers in Virginia Beach - From Expert Bankruptcy Lawyers Virginia Beach

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