Need a Bankruptcy Lawyer in Richmond, Virginia? We'll guide you through Chapter 13 or Chapter 7 bankruptcy.
You want an attorney knowledgeable in consumer and business bankruptcy laws and cases as well as one who knows the nuances of the court system and the trustee’s office to ensure that the process goes smoothly with a more predictable outcome.
Ellen Ray gives you those skills and more. She has been practicing law in Richmond, VA for 24 years, and bankruptcy exclusively for 16 years.
Have questions about Bankruptcy Law in Richmond, Virginia? Get experienced legal advice today!
Don't let bankruptcy ruin your life. Talk to Attorney Ellen P. Ray and find a solution to pull yourself out of debt. Call 804-355-1800 today to schedule a free consultation.
CHAPTER 13 BANKRUPTCIES
Get on an approved payment plan.
We work with you to develop a plan and propose a monthly payment to the trustee in the case. The trustee will pay the debts of the person seeking relief according to terms filed with the court.
Works well for people who need to resolve:
Back payments owed on a mortgage or vehicle loan. Back taxes owed. Income is enough to pay some but not all of the debt owed. Protects equity in property that would be lost with a Chapter 7 filing.
Removes the lien of a second or third mortgage holder on a home with a first mortgage that has a balance that is higher than the property's total value. Helps a person who is not eligible to file a Chapter 7 but needs to file for bankruptcy.
JOINT DEBT & BANKRUPTCIES
Get informed about Joint Debt.
If you believe you have co-signed or guaranteed a loan for another person and you wish to get more information on your liability for that debt, our office to discuss your situation.
Have you co-signed a debt?
In co-signing a loan, you are agreeing that you will pay the debt in full if the other person or persons who have signed the loan do not pay. No matter what order you signed, both you and the other person are equally liable for the debt.
Filing bankruptcy involving joint debt
If the first person on a note or loan files bankruptcy and discharges any part of the debt, the co-signer will still be responsible for the balance on the money owed and the creditor may choose to collect against the co-signer just as if that person received the money or had the property financed.
To get more information on your liability for the loan you have co-signed, contact our office for competent bankruptcy advice and to discuss your particular situation.
Is a Chapter 7 right for you?
We provide practical advice to help you with a difficult decision. If you have a business that is failing and you are planning to close it without paying all the debts owed, you should seek counsel from a competent bankruptcy attorney that can help you. You can file for Chapter 7 protection if you are ready to shut down the business and turn over the remaining assets to a trustee who will then sell them to pay off the business debt.
Don't file a Chapter 11 bankruptcy alone.
If your business is a corporation and you wish to reorganize the debt owed while keeping the business operating, then your only option under the bankruptcy law is a Chapter 11 filing. Ellen Ray can refer you to an experienced and qualified Chapter 11 attorney.
TAXES & BANKRUPTCY
Did you know many taxes are dischargeable in a Virginia bankruptcy?
This may mean that you will not have to pay most of what you owe. If you believe that you may be eligible for a partial or complete discharge of tax debt after reviewing the information on this site, give Ellen Ray a call to schedule an appointment. We'll get you to bring in your documents and receive a thorough analysis of your situation.
Which taxes aren't dischargeable in bankruptcy:
Federal personal income taxes that are due for the last three tax years are generally not dischargeable and must be paid in full. But you may be eligible to stop future penalties and interest through a Chapter 13 filing. Real estate taxes are not dischargeable if you are planning to retain the property. However, it can be resolved through a Chapter 13 filing.
Possible dischargeable taxes in bankruptcy?
Federal personal income taxes that are due for years prior to the last three tax years may be dischargeable depending on whether and when you filed the tax returns for these years. Personal property taxes owed to local governments may be dischargeable if it has been more than a year since they came due and if you no longer own the vehicle involved.
Questions about Bankruptcy? We have answers.
Going through a bankruptcy can be a stressful time in one's life. Our FAQ helps answer some of the more common concerns. Click here to get answers to your questions.
Remember: The law often changes and varies from state to state. Each case is different. These articles are meant to give you general information and not to give you specific legal advice.
Almost all states have “exemptions” that allow their residents who file a bankruptcy case to protect certain personal property and some amount of equity in their home. The Bankruptcy code and related state laws recognize that some of your assets are essential to life and that you have worked hard to obtain them. Exemptions allow you to exempt, or protect, certain property from your creditors’ collection efforts.
Have you ever gone to use your debit card at the grocery store, gas station, etc., but it’s declined even though you were recently paid? Does your bank then tell you that your account has been overdrawn due to a creditor garnishing your bank account? If so, we are here to help you! Bank account and wage garnishments are actually far more common than you might think. Many of our clients who face this type of situation think that their money is lost. However, if you act fast enough, you might be able to recover some, if not all of those funds. There are several ways to take action against your bank account or wages being garnished such as a Chapter 7 bankruptcy, a Chapter 13 bankruptcy, settlement, or even fighting the case. There are benefits and drawbacks to all options, so you may want to consider reviewing all options with an attorney before moving forward.
Why You Should Always Discuss Both a Chapter 7 and a Chapter 13 Bankruptcy Case With Your Attorney Before Filing
There are two main chapters of bankruptcy cases that most individual consumer debtors file: Chapter 7 and Chapter 13. A Chapter 13 case requires you to make a monthly payment to a trustee for 3 to 5 years to pay your unsecured creditors a percentage of what you owe them. A Chapter 7 case is open for about 4 months and requires no repayment to your unsecured creditors.
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