Question:

How can i file chapter 7 bankrupty in virgina ?

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i have alot of debt and just want a fresh start i need tofind out what kind of things i can put on it for instance i have hosptial bills, check cash places, bounced check fees all kinds of stuff made a lot of finnacial mistakes and just want to be done with it so i need to get a copy of my credit report first and tell them what i want off or what to file and what if theres something not listed that i do want to have filed please elp going to seea laywer tomorrow and was just wasnting some advice before hand also how much does it cost and do they except payment plans of any kinds or just 1 flat fee ?

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  1. When filing for a bankruptcy with the new laws, first...you can't pick and chose what you file, you have to include everything...all of your debt...With the new laws, you can't keep a credit card just to use later on, it doesn't work that way anymore. With seeing an attorney, that's your first step, they will look at your income, debts, assets, a list of ALL your bills, and last 4 years of taxes, after they have reviewed that, they will tell you which chapter you qualify for. It's either a chapter 7 or chapter 13, If you have a repo, loans, hospital bills, all of this can be discharged in a chapter 7, a chapter 7, you have to pass what they call a means test, it is based on your median income, how many in the household, and formulated by the state income level, which your attorney will be able to tell you more about. A bankruptcy can run anywhere from 800.00 to 2000.00, it just depends on what you qualify for...a chapter 7 is cheaper than a chapter 13, and you can check this website out, www.bcsalliance.com   It will explain to you the types of bankruptcies, also has great info on credit and debts. As far as the payment, some attorneys work with you for the payment, some will do a payment plan with you so you can file, others want the payment upfront. The reason for this being is the bankruptcy courts want the money from the attorneys to file the cases, and that money has to be paid up front to the courts, and the attorney is not going to pay it out of their own pockets. Your attorney will be able to tell you what you can and can't pay to get the retainer money to pay them. Ask them, that's what they are there for.  A word of advice, take a note pad with you...you're nervous when you go to see the attorney, so write down all your questions before you go so you don't forget, then write the answer they are giving you while you are there, so you will understand and remember when you leave the office. You can run a free copy of your credit report from www.annualcreditreport.com from all three credit bureaus free each year....The attorney once you hire them will run one anyways....The credit report you run with the 3 reporting agencies will also make sure you do not forget a creditor that you file the bankruptcy on. That is the most important thing to make sure you double check every debt you put thru the bankruptcy. Once you retain the attorney, the calls will stop, they cannot call you once they know you have filed and will request a case #, and that you will get once you pay the attorney and they file your case.  Good Luck!! There is life after bankruptcy, remember it's not easy to do, but it does give you a fresh start and learn from your mistake and make life better from then on!!  I filed last year, working my way back to good credit...it'll take a while, but...it'll be back to where I need it to be and life will go on!  


  2. I am going through this too right now.  My lawyer told me at first that it was $1500 to declare bankrupcy and $1500 to foreclose my house.  After I paid him the full $3000, he then told me that I have to pay him $250 a month until I move out of my house.  I have paid him a total of $4500!!!!  Just watch out of your lawyer, get everything in writing before you start any dealings with him. My lawyer is some kind of crook.  The thing that sucks is that since he is a lawyer, He knows all the loopholes to get out of anything I may throw his way.  I can't afford another lawyer to deal with him, ya know?!?!  My husband and I are really upset about this.

    Anyway, it depends on the lawyer but yes, you should be able to pay payments to him, not pay in full.  Also, you can put anything on your bankrupcy except living items such as utilities, rent, insurance, water bill, etc....basically, whatever you still want to use, you have to pay for.  If you want the bank to re-possess your car, just stop paying it and then they'll come and take it.

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