Trusted Charlottesville Firm Guides You in Filing for Bankruptcy in Virginia
Assisting clients in Charlottesville and throughout Albemarle County
The decision to file for bankruptcy isn’t an easy one, and the process of filing can be equally daunting. But with careful guidance from the experienced debt relief and bankruptcy attorneys at the Miller Law Group, P.C., a complex process becomes manageable. We can help you reach the best possible outcome and ensure your financial stability by satisfactorily resolving your existing debts with careful and well-designed solutions.
The credit counseling requirement
Under federal law, if you plan to file for bankruptcy, you must get credit counseling from a government-approved consumer credit counseling agency within 180 days of your filing. These agencies occasionally provide counseling services by phone or online. The U.S. Department of Justice has compiled a list of these agencies, organized by state.
Bankruptcy court filing
Once you have completed the required credit counseling, we file a bankruptcy petition that lists all debts for which you seek relief. You must file with the appropriate court based on your current residence or your residence in the period leading up to your bankruptcy. Depending on whether you are an individual or a business, and whether you are interested in liquidating or just reorganizing your debts, you will file for either Chapter 7 or Chapter 13 bankruptcy. Upon filing, you will have to provide federal tax returns, wage stubs and a list of all your assets, including:
- Real estate
- Bank accounts
- Personal property
Those assets are considered in your means test, comparing your household’s monthly income to the Virginia median income. It determines which type of bankruptcy filing you are eligible for.
The automatic stay
Once you file your petition, an automatic stay halts debt-collection efforts against you and helps you at least temporarily avoid repossession of your assets, unless the court or bankruptcy trustee allows otherwise. After filing for bankruptcy in Virginia, the court or the bankruptcy trustee supervises your actions until the resolution of your case.
It’s important to seek counsel as soon as possible if you are debating filing for bankruptcy to make sure you meet all filing requirements and can provide all necessary documentation. Our veteran bankruptcy lawyers in Charlottesville have assisted clients throughout Albemarle County and surrounding counties for decades with all their bankruptcy-related needs.
Contact us to discuss how we can help with your debt relief needs
Filing for bankruptcy may seem like a last resort, but at the Miller Law Group, P.C., we guide you through this complex process to help you achieve a satisfactory resolution of your outstanding debts. Our attorneys and professional staff work hard to protect what’s important to our clients: their assets and their families. Call us locally at 434-202-5293 or contact us online today for your FREE APPOINTMENT. Our law firm is located behind the Senior Center in Charlottesville and is handicapped-accessible. Parking is available outside the door.
Serving the communities of central Virginia, including Albemarle, Augusta, Buckingham, Charlottesville, Culpeper, Fluvanna, Greene, Louisa, Madison, Orange, Harrisonburg, Staunton and Waynesboro