Legal Question in Bankruptcy in Virginia
Bankruptcy
My husband and I got ina huge problem before getting married. We left everything behind and moved out of the U.S when we left our car was repossed, our credit cards full and creditors calling,and we didnt pay our rent for our apartment for about 2 months, we also did not pay electricity cable water phone etc...now we want to move back to the U.S after one yr,and we would like to know if there is any way to go about bankruptcy with all this mess.Please let us know what to do, we are really worried.I thank you for this helpful sight that you guys have.
2 Answers from Attorneys
Re: Bankruptcy
Generally speaking, you can get a discharge (forgiveness) of your debts, so long as the debts were honestly incurred. There are a few exceptions (such as student loans and recent taxes). You probably will be able to retain all of your personal property, but I would need more information to know whether you would be able to keep your house, if you own one.
I am a bankruptcy attorney in Maryland, Virginia and the District of Columbia. There is much more information about bankruptcy on my firm's web site, www.uptownlaw.com.
Good luck, and let me know if I can help you.
Richard S. Stolker
301-294-9500
Re: Bankruptcy
Hello, you situation is fairly typical. Many people who have filed with me have car repossessions, back rent, utilities, etc. If you both file a joint Chapter 7 Bankruptcy then you could definitely get a "fresh start."
Most attorneys have you fill out a questionnaire where you list all your debts and all your assets. This is used by the attorney to type up the bankruptcy petition and schedules. Once the case is filed, the "automatic stay" goes into effect and the creditors are prohibited from collecting on the debt, including suing you or garnishing your wages. After the filing, the creditors are even prohibited from calling or writing you.
you and your attorney will attend a "Meeting of Creditors" one month after the filing. This hearing is fairly laid back compared to other types of court hearings. You even know in advance the questions that you will be asked.
ABout 2 months after your hearing you will receive your bankruptcy discharge from the Bankruptcy Court.
If you have more specific questions, feel free to contact a bankruptcy attorney in your area.
Randy Masters
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