Avoid Mistakes When Planning and Filing Virginia Bankruptcy Cases

The best-planned bankruptcy cases go unnoticed. A few debtors glide through the system without attracting attention and receive full discharges in record time. Luck is not involved, but rather each successful debtor begins planning strategically a few weeks or months in advance. These debtors know something that you don’t.

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If you are thinking about filing Chapter 7 or Chapter 13 bankruptcy, you are not alone. Complete the form below to contact a sponsoring bankruptcy lawyer. Ask all questions you deem important without cost or obligation of any kind. Free help is only a few minutes away.

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Virginia Bankruptcy Law - "How can I get a discharge?"

A federal presumption favors debtors and discharge. In uncontested cases, the discharge is automatic. In contested cases in which objections or adversary proceedings are filed, the debtor retains the favorable presumption. Discharge is withheld only upon a court finding, supported by credible evidence, that the debtor is not entitled to receive relief. The Federal Rules of Bankruptcy Procedure require that bankruptcy clerks mail a copy of discharge orders to creditors, trustees, and trustee's attorneys. The debtor and their attorney, if any, also receive copies.

Virginia Bankruptcy Law

Notice of discharge is rather generic. The order mailed to interested parties does not identify the specific debts that are eliminated or debts found to be nondischargeable. To prove a specific debt was discharged, a debtor must have both the discharge order and associated schedules, bearing a court file stamp, to identify the debt. If, for any reason, a debtor fails to receive a copy of the order granting relief, the discharge nevertheless remains effective.

Be aware that all options are not available to all debtors. The availability of alternatives depends on several factors. State & federal laws change frequently through the legislative process and through court interpretations. Each debtor presents a unique financial history and assortment of debts. Local rules and customs vary. Nevertheless, all debtors gain the maximum benefit available similarly: careful planning and selection of options before filing.

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