Bankruptcy may sound complex and overwhelming, but with the trustworthy assistance of our Winchester bankruptcy lawyer, it doesn’t have to be. Amable Law is eager and optimistic to help guide you towards the path to a debt-free future. We assist clients in getting the fresh start that they need with honest and exceptional bankruptcy assistance. Hundreds of cases are filed for bankruptcy every year, and our legal team is dedicated to helping individuals achieve financial relief.
From bankruptcy to criminal defense — our dedicated team is here 24/7 to protect your rights.
Attorney Gerardo Delgado is very patient and can take the time to fully understand your situation. He works to create an environment free of judgment so that you can feel at ease when disclosing your financial information. He also provides hope to his clients by offering unique approaches that are personalized to each individual that he represents.
Learn more about our Chapter 7 bankruptcy defense here.
A Federal debt relief program which discharges (absolves) all your unsecured debts. Although very unlikely, it may also liquidate (sell) all or some of your assets in order to pay your creditors. Chapter 7 Bankruptcy is the most common type of Bankruptcy in the United States.
Bankruptcy is preferred by most debtors because it provides them with a fresh start, meaning no more unsecured debts. A Bankruptcy can wipe out all credit card debt, medical bills, personal loans, judgments against you and certain federal and state income tax debts.
That is a question that only you can answer. Each one of us has a different level of tolerance for debt. Some of us are very sensitive to the feeling of being hounded by creditors or being sued in state courts for unpaid debts. Some others may be a little more resilient to this milieu.
If you feel that you cannot sleep at night because you worry about making ends meet, if you are afraid to answer your phone because you fear it might be a collection agency, if debts are taking a toll on your family or work, if you are at the verge of losing your home, or if your car is about to be repossessed, Bankruptcy is an option you should seriously consider. Everyone deserves a second chance. Bankruptcy is a LEGAL and HONEST way to obtaining a fresh start.
Are you sick of being hounded by creditors? Chapter 7 Bankruptcy is way to help relieve you of your unsecured debts. Most debtors prefer this debt relief program because it allows them to have a fresh financial start.
When you file for Chapter 7, you can potentially wipe out debts associated with:
If your debt is causing you an unhealthy amount of stress, call our firm. Our Winchester bankruptcy attorney provides clients with bankruptcy assistance as well as hope for the future. If you are unsure if bankruptcy is right for you, we can help you learn about your options and provide you with the necessary information to decide what would be the best path for you and your finances.
We give clients our full support through honest advice and legal assistance that helps them eliminate their debts. To learn about how to declare bankruptcy in VA, contact one of our Winchester bankruptcy lawyers at Amable Law, PLLC.
Several factors must be considered before answering this question. Generally, some of the factors examined are household size, income of the entire household for the last 6 months, number of dependents, monthly expenses, secured and priority debts. Whether or not you qualify for Bankruptcy is a very complex and factor driven question and can only be determined by your attorney after having thoroughly examined your financial situation.
We charge a flat fee of $1,600.00. This covers the court filing fee as well as attorney’s fees. The entire amount must be paid in full before your bankruptcy petition can be filed. Will I be able to keep all my assets if I file for Bankruptcy? Most likely yes.
It truly comes down to what type of assets you own, how much equity your assets have and whether you have filed a homestead deed before. Based on our experience, most clients filing for Bankruptcy get to keep all of their assets. To conclude, this is a very specific question that can only be answered at your initial appointment.
Yes. There is an automatic stay the moment your bankruptcy petition is filed. An automatic stay means that all creditors must immediately cease all collection efforts while the bankruptcy case is pending. The automatic stay also stops all lawsuits that you may have pending against you in state court as well as any garnishments against you. If, after your petition is filed, you find that creditors continue to contact you, let us know immediately and we will send them a cease and decease letter to make them stop.
Possibly. Assuming you have enough exemption available to protect your garnished wages, you will be able to get back all wages garnished during the preference period2 if they exceed $600 in aggregate.
It depends. There is a motor vehicle exemption in Virginia which allows you to keep up to $6,000.00 of equity in your car. Equity is the value of the car minus any liens on the car. Thus, if you own the car free and clear, the equity in the car is how much you could reasonably sell it for in today’s market. If there is a lien on your vehicle, the equity is the value of the car minus the amount of the lien.
If the lien amount is higher than the value of the car, then you have no equity, or you have negative equity in the car and there is nothing to protect. This means you can keep the car without using your motor vehicle exemption as there is no equity to protect. If the equity in your car surpasses $6,000.00, we can still protect it. Typically, the motor vehicle exemption is used to protect up to $6,000.00 in equity and the Homestead Deed exemption is used to protect any surplus in equity.
It depends on how much equity you have on your home. The same reasoning applies as it does to question No. 8. If you have too much equity in your home, you are probably not a good candidate for Bankruptcy, and you should consider Chapter 13 Bankruptcy. However, if you have no equity in your home or if your home is underwater, you should be able to keep your home if you keep making your mortgage payments on time.
Most likely yes. 40l(k), 403(B), VRE’s, Federal Pensions, IRA’s and other similar pensions are protected. Do I have to disclose all my creditors, or can I keep some credit cards? You must disclose everyone that you owe money to in your Bankruptcy petition. Period. You are certainly welcome to pay back any debts that were discharged in the Bankruptcy, but you must list all of them anyway.
It depends. If you have joint debt, meaning your spouse is also legally liable, then it is a good idea for your spouse to also file for Bankruptcy. Otherwise, you will be discharged from all joint debts, but your spouse will remain liable; meaning that creditors can still attempt to collect for that particular debt from your spouse.
Example: While married to your spouse, you went to the hospital to get treatment. After treatment, you are liable to the hospital in the amount of $10,000.00 Even though the services were provided to you, your spouse may also be responsible for this debt. If you file for bankruptcy, but your spouse does not, the hospital may still attempt to collect the $10,000.00 obligation from your spouse.
Yes. My fees range between $1,000.00 to $1,300.00 depending on the complexity of the case. However, the court fees will be the same, $356.00. Call our office right now to obtain an exact quote.
Yes. It is called a 341 hearing or meeting of creditors. This hearing is meant to provide your creditors an opportunity to ask you questions (but creditors rarely show up to these hearings). You will meet the bankruptcy trustee at the hearing. The trustee is an attorney whose main task is to revise your petition and make sure there are no assets to be distributed to your creditors.
Absolutely.
You must have two forms of identification. One of them must have your social security number on it. Ideally, you want to have a driver’s license, passport, birth certificate AND social security card or most recent W2.
The Bankruptcy trustee will ask you a series of questions to verify the veracity of your Bankruptcy petition. You do NOT need to prepare for this hearing, you just need to be honest and truthful about your answers.
No. There is no limit on how many times you can file for bankruptcy. However, the Homestead Exemption in Virginia can only be used once. If you used up all or almost all of your exemption in the previous bankruptcy to protect your assets, you will not be able to use that exemption again, and some or all of your assets my end up unprotected and in the hands of the bankruptcy trustee. We will talk in more detail at the time of your appointment about this issue.
If you filed a chapter 7 before and were discharged successfully: You can file again for chapter 7 bankruptcy 8 years from the time you file your previous chapter 7 petition. If you filed a chapter 13 before and were discharged successfully: You can file for chapter 7 bankruptcy 6 years later from the time you file your chapter 13 petition If your case was dismissed: You can file right away unless the court orders otherwise.
We can find out for you during our appointment.
It takes about 3 months before you get your discharge letter in the mail from the Bankruptcy Court.
No attorney can guarantee that your petition will be successful. However, the attorney should be able to know whether you are a good candidate for bankruptcy.
Yes. There is an automatic stay the moment your bankruptcy petition is filed. An automatic stay means that all creditors must immediately cease all collection efforts while the bankruptcy case is pending. The automatic stay also stops all lawsuits that you may have pending against you in state court as well as any garnishments against you. If, after your petition is filed, you find that creditors continue to contact you, let us know immediately and we will send them a cease and decease letter to make them stop.
If you file for chapter 7 bankruptcy in Virginia, you will get to keep your car if you don’t have an expensive car worth thousands of dollars. If you file for chapter 13 bankruptcy, you will not have to worry about losing your vehicle since it doesn’t require you to turn over any possessions you have.
In most chapter 7, you are allowed to keep your household goods and furniture in bankruptcy. Whether you will be able to depends on the property and if you are allowed to choose between the state and federal exemption systems.
Filing for Chapter 7 bankruptcy in Virginia usually takes about four to six months from the time you file the petition to the time the case is discharged. However, the actual timeline for a bankruptcy filing may vary depending on the complexity of the case and the speed at which the courts and your creditors operate. Keep in mind that filing for bankruptcy in Virginia can be smoother and less stressful with the guidance of an experienced bankruptcy attorney.
It is still possible to achieve a credit score of 700 or more within two years after filing for Chapter 7 bankruptcy. It requires dedication, timing, and patience to achieve that. In order to achieve this you must follow these steps:
Filing for bankruptcy Chapter 13 in Virginia involves the following steps:
Remember, this is just a general outline, and the bankruptcy process can vary based on individual circumstances. Consulting with a Winchester bankruptcy attorney experienced in Virginia bankruptcy laws is highly recommended to ensure a smooth and successful filing.
Experienced attorneys ready to fight for you in bankruptcy, family law or criminal cases.
The eligibility restrictions for filing Chapter 13 bankruptcy include:
Credit card balances, overdue utility bills, medical bills, personal loans, and other bills are wiped out by bankruptcy. If you’re willing to give up the house or car that secures the debt, you can cancel your mortgage or car payment. When you put up property as collateral, the lender can take it if you don’t pay.)
However, you cannot discharge all your debts. Debts that aren’t dischargeable in bankruptcy, like domestic support arrearages and recent tax debt, won’t disappear, and student loans aren’t easily wiped out (you’d need to win a separate lawsuit to deal with them). You will need to make sure bankruptcy will discharge (get rid of) enough bills to make it worthwhile.
Our team of attorneys in Winchester, VA maintains constant lines of communication with our clients, making ourselves accessible to address
any questions, concerns, or case updates as quickly as possible. The outcome of any case depends on the amount of preparation performed
beforehand. Our team takes the time to gather all the necessary facts and evidence for the cases we handle, equipping us with insight to work
towards reaching the highest favorable case outcomes.
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