Virginia Bankruptcy Courts
The Virginia Bankruptcy System is divided into 2 federal districts. Each of these districts are
subdivided into divisions which serve specific counties. For division specific information, see:
According to the Administrative Office of the U.S. Courts, the 2003 national rate
of filing personal bankruptcy was one in every 79.1 households (1.27%).
At this rate, over the next 30 years, 38% of all U.S. households will be liquidated by
the federal court system. In Virginia, the rate is one in every 66.2 households
which ranks as the 12th highest in the country.
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Total Virginia Bankruptcy Filings in 2003 |
| District |
Total |
Ch 7 |
Ch 11 |
Ch 12 |
Ch 13 |
| Eastern |
31,025 |
21,292 |
191 |
1 |
9,541 |
| Western |
13,041 |
10,976 |
30 |
2 |
2,132 |
| Total |
44,066 |
32,268 |
221 |
3 |
11,673 |
|
Businesses Filing Virginia Bankruptcy in 2003 |
| District |
Total |
Ch 7 |
Ch 11 |
Ch 12 |
Ch 13 |
| Eastern |
405 |
219 |
156 |
1 |
29 |
| Western |
562 |
447 |
28 |
2 |
84 |
| Total |
967 |
666 |
184 |
3 |
113 |
Since early in the 1990's, lobbies representing financial institutions promoted restrictions on individual
rights to file. Also, a common feature promoted by various "Abuse Prevention Acts" is the reduction and/or
elimination of judicial discretion. Currently, judges may balance the needs of all parties in interest. The
administrative branch enthusiastically endorses these changes.
Virginia Bankruptcy Practices - Local Rules
Each Division maintains Virginia bankruptcy local rules of court.
Many local rules are standardized across the county and provide further
clarification and instructions for administrative responsibilities of
attorneys. By way of example, instructions on filing additional declarations
and required data are not included within the U.S. Bankruptcy Code, but
are however routinely published by the Clerk of the Court along with Virginia bankruptcy records. Local rules
also may include unique location specific instructions applicable only
to a particular district or division. All debtors filing pro se must also follow
local rules regardless of actual notice. A violation of local rules
may result in dismissal. Copies of local rules are available from the Clerk of the Court for
each Virginia Bankruptcy Division. Courts may also offer a glossary of Virginia bankruptcy terms that provide
definitions of common words and phrases.
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