|
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 - 2010 Bankruptcy Strategies Explained
Ask a Bankruptcy Lawyer for Help – Expand Your Options Quickly
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.
Need a Lawyer? LegalMatch allows you to present your case, and respond only to lawyers who want to help you. It's Free & Confidential.
Virginia Bankruptcy Laws
For the purpose of filing Virginia bankruptcy, property is considered to be of two general classes: real
estate and personal. Within the RE class, sub-classification is based upon "homestead" status. Personal items
are sub-classified based upon the state legislatures assessment of necessity and are subject to value
limitations. If equity value exceeds the statutory limit by a significant amount, trustees routinely require
forfeiture of assets.
Property retained in Virginia bankruptcies depend on the chapter under which relief is sought. Chapter 7
liquidation of debts requires strict compliance with statutory values. Chapter 13 takes a less direct
approach requiring, as a condition for plan confirmation, that the court determine creditors receive more
favorable treatment under the plan than would be available if the debtor filed Chapter 7. Most valid liens are
unaffected by filing. Creditors remain free to foreclose liens (with court approval) in the event of non-payment
whether in Ch. 7 or under the terms of a Ch. 13 plan. In addition to purchase money security interests, other
liens may be created automatically by operation of law to insure payment of child support, taxes, and emergency
hospital treatments. These statutory interests also remain largely unaffected.
Virginia Bankruptcy Laws - Real Property
State law determines a debtor's right, title, and interest in real estate. Primary residences receive special
protection out of necessity, while secondary homes, invest property, and non-possessory interests are subject to
forfeiture. For more information see homestead: value allowed,
limitations, and operation of law for dependents.
Virginia Bankruptcy Laws - Personal Assets
All assets owned must be reported to a trustee appointed by Virginia bankruptcy courts. The definition of property ownership is construed broadly
to include not only physical assets, but also intangible, contingent and mixed. Contractual rights and options,
potential causes of action against others, and legal entitlements may represent a bona fide value and must be
reported. Only specific assets may be retained under Virginia bankruptcy statutes, including:
Creditors are subject to state law provisions incorporated into Virginia bankruptcy cases. If a Virginia
bankruptcy court lifts
the automatic stay and permits a specific creditor to seize and liquidate property subject to a lien, creditors
must obey all state law limitations on collection practices. For more information, see
legal assistance for debtors.
Also, all statutory provisions depend on conformity with the prohibition against
fraudulent conversions creating exempt property.
|
