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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.

Free Information About 2010 Bankruptcy Strategies

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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 Alternatives - Credit Cards

The sites below were reviewed for content which is relevant to the Virginia bankruptcy issues appearing within this site. For more information regarding our selection of sites, please see our review policy. We welcome all sites submitted for review and respond to all requests within 3 business days.


Credit Card Resources:

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Recent Notable Opinions from Virginia Bankruptcy Courts

In re Meloy, Case No. 98-31268-T before the Virginia Bankruptcy Court for the Eastern District, Richmond Division, decided August 14th, 2000. The debtors originally filed a petition under Chapter 11. During reorganization, the debtors reaffirmed a debt owed to the defendant bank. Thereafter, the debtors failed to make timely payments as required by the reaffirmation agreement. The bank foreclosed upon RE securing the note and sought reimbursement for the deficiency balance. In response to the bank's attempt to collect the deficiency balance, the debtors then converted their case to Chapter 7 before the Virginia Bankruptcy Court.. All objections in connection with the Chapter 7 case were resolved and debtors received a discharge. Issue before the Virginia Bankruptcy court: Is the bank entitled to recover the deficiency balance following discharge? HELD: in this case, yes, the Virginia Bankruptcy court determined the bank may recover because the reaffirmation agreement was not specifically rescinded in the time allowed by statute. 11 USC 524 provides, in part, "(c) An agreement between a holder of a claim and the debtor, the consideration for which, in whole or in part, is based on a debt that is dischargeable in a case under this title is enforceable only to any extent enforceable under applicable nonbankruptcy law, whether or not discharge of such debt is waived, only if . . . (4) the debtor has not rescinded such [reaffirmation] agreement at any time prior to discharge or within sixty days after such agreement is filed with the court, whichever occurs later, by giving notice of rescission to the holder of such claim." In this case, the Virginia Bankruptcy court determined the debtor's  failure to provide proof of notice of recession excluded the debt from the discharge injunction.

Recent Notable Opinions of the Supreme Court of The United States:

Kontrick v. Ryan, No. 02-819 (2004), Argued November 3, 2007, Decided January 14, 2004, CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT. A creditor in Chapter 7 liquidation proceedings has "60 days after the first date set for the meeting of creditors" to file a complaint objecting to the debtor's discharge. Fed. Rule Bankruptcy Proc. 4004(a). The bankruptcy court may extend that period "for cause" on motion "filed before the time has expired." Fed. Rule Bankruptcy Proc. 4004(b). Reinforcing Rule 4004(b)'s restriction on extension of the Rule 4004(a) deadline, Rule 9006(b)(3) allows enlargement of "the time for taking action" under Rule 4004(a) "only to the extent and under the conditions stated in that rule," i.e., only as permitted by Rule 4004(b). Held: a debtor forfeits the right to rely on Rule 4004 if the debtor does not raise the Rule's time limitation before the court considers a creditor's objection to discharge. Only Congress may determine a lower federal court's subject matter jurisdiction.  U.S. Const., Art. III, Sec. 1. The Code establishes objections to discharges as core proceedings within the courts' jurisdiction. 28 U.S.C. Sec. 157(b)(2)(J). Congress did not include time constraints within the Code. As Bankruptcy Rule 9030 states, the Bankruptcy Rules shall not be construed to extend or limit the jurisdiction of the courts. The filing deadlines prescribed in Rules 4004 and 9006(b)(3) are claim-processing rules that do not determine subject matter jurisdiction.

The resources we chose to list pertain in some way to filing Virginia Bankruptcy, whether laws, discharge, reorganization or other topics . Vast areas of law apply to Virginia Bankruptcy case proceedings and are enforced by the courts within each case. As new Virginia Bankruptcy laws are enacted each year, the scope of this website continues to grow.

Personal filing information for Chapter 7 & Chapter 13 in Alexandria, Arlington, Chesapeake, Hampton, Newport News, Norfolk, Portsmouth, Richmond, Roanoke, Virginia Beach, plus county and state bar information, court locations and tips, plus Virginia bankruptcy lawyer directory with attorney fee guidelines and law firm help information. Credit Cards | Credit Counseling | Debt Consolidation | Loans and Mortgages | Sitemap | Virginia Bankruptcy Laws, Courts & Lawyers | ©Copyright 1998-2005, All Rights Reserved.

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