Looking for a Chantilly Bankruptcy Lawyer? The experienced and dedicated legal team at Ashley F. Morgan Law, PC helps many debtors, both individuals and businesses, every year with their debt issues, including bankruptcy, debt settlement, tax resolution, offers in compromise, and much more. We offer free consultations for debt issues. Our knowledgeable attorneys can help review all options available to you. Our office is also bilingual; Attorney Ashley Morgan is fluent in Spanish. We also have office staff who speaks Spanish. We want all our clients to understand their options the best as possible.
Sometimes bankruptcy is the best option, sometimes it is not. You will get clear and candid answers from our office. We want to make sure you make the right decision for your situation.
Chapter 7: The most common type of bankruptcy is a Chapter 7 bankruptcy. This is also called a liquidation bankruptcy. The schedule for a case is usually three to four months, which is typical for a normal, no-asset case. This means a usual case where there are no assets available to distribute to creditors. This usually occurs most of the time. During this case, you file a petition that includes data regarding your pay, expenses, liabilities, assets, and personal information. Even though the process is called a liquidation, a debtor can keep various items in a Chapter 7. If you have more than the typical amount of assets, the bankruptcy trustee sells the debtor’s nonexempt assets and uses the proceeds of such assets to pay creditors.
Chapter 13: A chapter 13 bankruptcy is also called a wage earner’s plan. Under this chapter, debtors propose a repayment plan over three to five years. It often allows debtors to keep all assets that would be at risk in a Chapter 7. Some individuals pay back only required debt, such as priority tax debt and mortgage arrearages, while other individuals pay back 100% of all debts. The amount paid in the plan is based on various factors, including income, non-exempt assets, etc.
Debt Settlements: Sometimes it is ideal to negotiate directly with the creditor. We often recommend this option when an individual has low debts or a couple creditors. This option does not have any guarantees, it can save you save money on the full amount owed. It also can help you avoid bankruptcy for only a couple debts.
To review your options, please contact our office. Our office is located close to Chantilly, just up Route 28 in Herndon, Virginia. We offer plenty of free parking.
LIFE IN CHANTILLY, VIRGINIA
Problems facing individuals in Chantilly are different than those in the rest of Virginia. Chantilly is located in both Fairfax and Loudoun Counties. and is a suburb of Washington, D.C. Whether you live in Fairfax County or Loudoun County, we can help. is located approximately 25 miles outside DC. Living in the Virginia suburbs comes with increased expenses. These are expenses that are higher than most of the country. We understand the financial struggles in Chantilly are different from the rest of the country. For many clients, even if you are making a decent income, the expenses in this area can be devastating. Make sure to retain a Chantilly Bankruptcy Attorney that understands the expensive cost of living of the area.
Qualifying for Chapter 7 Bankruptcy in Chantilly, VA
Filing bankruptcy can sometimes help relieve some of the financial struggles. To qualify for Chapter 7, the court will look at your income for the last 6 months. If the debtor’s income is less than or equal to the state median, they can file for Chapter 7. This can mean it is more difficult for individuals living in the more expensive parts of the state to qualify for a Chapter 7. This is a common problem for many individuals living in Chantilly because the median income is based on incomes from all over the state. Living in Chantilly is drastically more expensive than living in other parts of Virginia, such as Farmville or Charlottesville.
Alternative Ways of Qualifying: The Means Test
However, there is another way to qualify for Chapter 7 that involves using your income and subtracting out allowable expenses; this process is called the Means Test. Luckily, if your income is above the state median, we can take in consideration the allowable expenses for your county under the guidelines provide by the Internal Revenue Service. For clients living in Chantilly, we can often use numbers based on cost of living in Fairfax or Loudoun County. Also, we may be able to consider other high costs of living in the area, such as insurance payments, medical expenses, childcare, child support and similar.
If you have above median income, finding an experienced bankruptcy attorney can make the difference in whether you qualify for Chapter 7 or not. If you do not qualify for Chapter 7 — or determine that you should not file a Chapter 7 — and have to file a Chapter 13, the Means Test will also help dictate the payment plan during the course of your repayment plan. Having an experienced Chantilly Bankruptcy Lawyer can make the difference in how smoothly your case goes.
WHERE TO FILE BANKRUPTCY IF YOU LIVE IN CHANTILLY
Bankruptcy is a federal process, which means you file in a federal court. Virginia has two federal districts – Eastern Western Districts. There are four to seven courthouses in each Virginia district. Most people file in the jurisdiction where you reside; if you live in any part of northern Virginia, you will usually file in the Alexandria Division of the Eastern District of Virginia. There are other ways to determine where you can file, such as where your largest asset is located. However, it is usually easiest to file in the jurisdiction you reside.
Most of our bankruptcy clients never go the bankruptcy courthouse; most cases only have one mandatory appearance at the Meeting of Creditors (or 341 hearing). In Alexandria, this hearing is in an office building in Old Town Alexandria. You must bring your Driver’s License and Social Security Card with you so that the Trustee can verify your identity. Other questions you will be asked are about your petition, including your debts and assets. This is usually a hearing that takes three to five minutes for your questions.
If you have concerns about debt issues, bankruptcy, or similar, schedule an appointment with our office. Our office has experienced Chantilly bankruptcy lawyers ready to help you.
Zip Codes in Manassas, Virginia: 20153, 20151, 20120, 22033