Legal Question in Bankruptcy in Virginia

Summary of Schedules

How do you know what code of Virginia to state for Schedule C

Property claimed as exempt or do you

state the entire code of Virginia sec listed in the Bankruptcy manuel

when you are filing yourself as an

individual. Also What is a Unsecured Claim and Creditors holding Unsecured Nonpriority Claims


Asked on 3/18/03, 7:23 pm

1 Answer from Attorneys

Daniel Press Chung & Press, P.C.

Re: Summary of Schedules

The answer is that you should not file bankruptcy without a lawyer. Failure to properly claim exemptions can result in the loss of those exemptions, and thus the property at issue. And in VA, certain exemptions have to be claimed in ways other than just listing on Schedule C. As for "Unsecured Claim," that is a claim owed to a creditor that is not secured by a lien or security interest, and "Creditors holding Unsecured Nonpriority Claims" are the people/entities you owe money to that are not secured, and are not entitled to priority (the types of priority claims are listed on Schedule E, and include certain taxes and child/spousal support).

Filing bankruptcy incorrectly (i.e., what would happen if you do it without a lawyer) can result in loss of exemptions/property, failure to get your discharge, and even criminal prosecution for bankruptcy fraud. If you have sufficient reason to file, you have sufficient reason to pay a lawyer to do it for you.

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Answered on 3/19/03, 9:35 am


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