DENoVa Law, PLLC

DENoVa Law, PLLCDENoVa Law, PLLCDENoVa Law, PLLC
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DENoVa Law, PLLC

DENoVa Law, PLLCDENoVa Law, PLLCDENoVa Law, PLLC
Home
Contact Hours Location
Bankruptcy
Divorce
Family Law
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About DeNova Law

Experience

With over 15 years of experience and over 1,000 bankruptcy cases, I can make your case as smooth and painless as possible.

Perhaps you lost your job, your pay has been cut or you face unexpected  expenses - medical debts, credit cards, harassment, phone calls, letters, lawsuits, garnishments. Bankruptcy offers you relief and a way  to start fresh while keeping your home, car, tools and the things you need for yourself and your family. 

Bankruptcy Intake Packet

 Here  is the intake packet I need to prepare your bankruptcy case. The packet  has three sections: intake information, assets and creditors. Please  complete the forms as completely as you can and return them to my office  address or by e-mail. I will also need a copy of your last two tax returns, your last 60 days worth of pay statements and bank statements.  Finally, you will be required to get a credit counseling certificate  and I have included a list of agencies that will provide the required  counseling. You can have the certificate sent directly to my e-mail (law@novalaw.us).  Please let me know if you have any questions or need help with any of  the forms.  

Intake Packet (pdf)

Download

Counseling Agencies (doc)

Download

Chapter 7

FAQs & Notices

 


What are the benefits of Chapter 7 Bankruptcy?
 

 Chapter 7 bankruptcy,  also known as a “straight” or "liquidation bankruptcy" has two major  benefits.  The first is the automatic stay.  Once you file for  bankruptcy, this stay goes into effect and bars any collection actions  by your creditors while the bankruptcy is being processed.  While  the stay is in effect they are not allowed to contact you in any way,  lawsuits are frozen and garnishments are stopped as are foreclosures and  repossessions.  The second, and most important, benefit is the  bankruptcy discharge.  A successful bankruptcy petition will  discharge all eligible debts.  This means that you are no longer  legally responsible for payment of those debts and the creditors may  never again attempt to collect those debts by any means.  You can  have a fresh start, free of crushing debts.
 

Am I eligible to file for Chapter 7 Bankruptcy?
 

There are two tests that you  must pass in order to file under Chapter 7.  In the first test,  your average income over the past six months must be below the median  income for your family size for the state of Virginia.  If it is  over the median, you must pass Part II of the test which compares your  income to your expenses over the past six months.  If your income  has been significantly over your allowable expenses, you probably won't  be eligible for Chapter 7 Bankruptcy.  In the second test, your  expected income for the near future will be compared to your necessary  household expenses.  The purpose of both tests is to show that you  lack the financial ability to make even partial payments to your  creditors.

 If you are not eligible for Chapter 7, you may still be able to seek bankruptcy relief under Chapter 13.

Will I be able to keep my home and car?

 Generally  yes, depending on how much they are worth and how much you owe for  them.  If there is a lien, you may have to sign a reaffirmation  agreement stating that you will continue to pay the loan despite the  bankruptcy.  If the amount you owe is more or the same as the value  of the property, you will be able to keep it so long as you agree to  continue paying for it and keep making the payments.  If you owe  less than it is worth, then you have equity and you may need to use one  or more of the asset exemptions available under Virginia law.  If  there are not enough exemptions to cover your equity you will either  have to offer a settlement to the bankruptcy court or you may lose the  property.  If you do not want to lose property under a Chapter 7  Bankruptcy, you may wish to consider a Chapter 13.  Also, if you  have more than one mortgage and your first mortgage is higher than the  value of your home, you may be able to "strip off" your other mortgages  or HELOC under Chapter 13.

 One  important thing to consider is if you want to keep property on which  you owe substantially more than the value of the property.  It may  be in your interest to surrender a piece of property that is deeply  under water as the bankruptcy will allow you to discharge all of the  deficiency. 

How long is the bankruptcy process?

 Once  you have submitted all of your required documents and paid the legal  and court fees, your bankruptcy petition will be filed and you will be  scheduled for a 341 hearing which must be at least 21 days after your  filing date.  Discharges are generally ordered 60 days after the  341 hearing.  This time may be extended if any party files an  objection or moves for an extension of time.  This is rare but can  happen.  The best way to be sure the bankruptcy process goes  perfectly is to complete the bankruptcy intake form completely and  honestly and to pay close attention during the petition review.   Never hesitate to raise questions or concerns.

What is the 341 hearing?

 The  341 hearing, also known as the meeting of creditors, is a review of  your petition that will be held by the Bankruptcy Trustee at the  Shenandoah County Building in Woodstock, Virginia.  You will need  to attend this meeting.  You will know the date and time of your  hearing well in advance.  Your creditors have the right to appear  at this meeting and ask questions but this is quite unusual.  They  are generally uneventful, last a few minutes and you will have legal  representation with you.

What debts are not discharged?

 Child  support, spousal support, debts arising from a separation agreement or  divorce decree, debts arising from criminal acts, fraud or willful  torts, debts incurred under false pretenses or resulting from a DUI,  debts owed to your retirement account or debts incurred after your  filing date.  Discharge may also be denied if there is willfully  false information on your petition or the facts demonstrate abuse of the  bankruptcy process.  Usually this means that large voluntary debts  incurred shortly before filing may not be discharged.

 Taxes  are usually not discharged although income taxes that are over three  years old may be dischargeable under certain circumstances.   Student loans issued or insured by the government (very few are  not) are not discharged unless you can show “undue hardship” which is  extremely difficult.  

 Debts that are not included on your list of creditors might not be discharged so be sure to include all of your creditors.

 If you have any co-signers for your debts, your discharge will not affect their liability.

What assets am I allowed to keep?

 Virginia  exemptions allow you keep a number of specific assets including: a  burial plot, wearing apparel to $1000, family portraits and heirlooms to  $5000 total, household furnishings to $5000, Motor vehicles to $6000,  firearms to $3000, Personal injury causes of action, Personal injury  recoveries, Pets, Wedding and engagement rings, Tools of the trade to  $10,000 and ERISA qualified retirement accounts.  These exemptions  are per person so a married couple would be allowed two vehicle  exemptions, etc.

 In  addition to the specific exemptions you have a wild card exemption  called a homestead deed which can be used to exempt any assets up to  $5000 per petitioner plus $500 for each dependent with an additional  $5000 if you are over 65 or a veteran with at least 40% disability.   Note that this is a lifetime limit and that any amount claimed on a  prior homestead deed will be subtracted from future homestead  deeds. 

 Also,  if you and your spouse own your home as “tenants by the entirety” and  only one of you is filing, you may be able to keep the property even if  you have substantial equity.  

What is the requirement for credit counseling?

 You  are required to provide certification that you have received credit  counseling by an approved agency at least 24 hours but not longer than  six months prior to filing for bankruptcy.  You are also required  to take a financial management course after you file.  You will be  given a list of approved counselors from which to choose.  These  courses may be done online or over the phone.

Do I have to list all of my creditors?

 Yes.   You will be certifying under oath that you have listed all  creditors, assets and income on your bankruptcy petition.  You will  need to list everyone to whom you owe any amount of money, including  family members.  Further, if you don't list a creditor, the debt  may not be discharged.  You will also want to include collection  agencies in order to gain the full protection of the automatic stay.   If you need help remembering all of your creditors, you may obtain  a copy of you your credit report at no cost at:  https://www.annualcreditreport.com/cra/index.jsp Remember that the credit report may not be complete or accurate.

DOCUMENTS NECESSARY TO COMPLETE AND FILE YOUR BANKRUPTCY PETITION:

1.  Your completed bankruptcy intake form.

2.  Tax returns or transcripts for the last two years.

3.   Two months of consecutive statements for any sources of income  including pay statements, annuity statements and unemployment benefit  statements and two months of bank statements.  If you collect  social security, I will need a copy of your annual benefit statement  showing your monthly benefit amount.  If you are self-employed, I  will need statement detailing all of your business income and expenses  over the past six months.

4.  Credit counseling certificate(s). You will also need to take a separate Financial Management Course after you file.
 

The following may be needed, depending upon the circumstances of your case:
 

5.  Copies of all lawsuits or other legal actions pending or filed in the last year and all current GARNISHMENTS and/or WARRANTS IN DEBT. 

6.  If you live with your spouse and they are not filing, their income and expenses 

7.   A copy of any homestead deed filed in Virginia.  If you have  previously filed for bankruptcy, you probably filed a homestead deed.   Ask the Clerk of Court for the jurisdiction where you were living  at the time if you filed a homestead deed If you are unsure.  

8.  A statement of the cash value of any life insurance policies you have. 

9.   A financial statement including current assets and liabilities  plus income and expenses over the past six months for any non-public  business in which you hold an interest.

Other documents may be needed.

DISCLOSURES REQUIRED UNDER 11 U.S.C. §§ 527 AND 342

Notice Mandated by 11 U.S.C. §§342(b)(1) and 527(a)(1)

PURPOSE, BENEFITS AND COSTS OF BANKRUPTCY

Bankruptcy  is a federal court proceeding that provides relief to people and  businesses that are having financial difficulty. The relief comes in the  form of an "automatic stay" which generally stops most collection  proceedings and harassment from creditors. The cost of filing a  bankruptcy consists of a filing fee which varies depending on the type  of case you are filing (see below) and if you choose to hire a lawyer to  represent you, the lawyer will likely charge you a fee for the  representation. Additionally, there may be costs to obtain necessary  information and documentation required by the bankruptcy code,  bankruptcy rules and local rules.

The  discussion here is meant only as a brief overview and no one should  base their decision as to whether to file or not to file bankruptcy  solely on this information. Bankruptcy is complex and a number of  factors and considerations must be taken into account in making a  determination to file or not. Anyone considering bankruptcy is  encouraged to seek the advice and assistance of experienced counsel who  practices bankruptcy law. 

What Bankruptcy Can and Can't Do

Bankruptcy may be able to help financially distressed people to: 

  1. Discharge (eliminate) liability for most or all of their       debts and a get a fresh start. When the  debt is discharged, the debtor no      longer  has any legal obligation to pay it.
  2. Stop foreclosure proceedings! The automatic stay in       bankruptcy can freeze a foreclosure  proceeding and provide an opportunity      to  catch up on missed payments.
  3. Prevent repossession of a car or other property! The       automatic stay can prevent a finance  company from exercising its      repossession  rights, or might even be able to force a creditor to return a       vehicle that has already been repossessed.
  4. Prevent utility shut-offs! The automatic stay in bankruptcy       can prevent a utility company from  terminating service because of      non-payment  and can even force the company to reconnect service that has       already been terminated.
  5. Stop wage garnishments and creditor harassment! The automatic       stay in bankruptcy can suspend wage  deduction proceedings and other types      of  debt collection efforts.
  6. Lower monthly payments! The automatic stay in bankruptcy can       alter your contractual relationships with  your creditors by lowering or      eliminating  interest and can allow payments to creditors for less than the       outstanding balance.
  7. Can provide an opportunity for debtors to challenge then       claims of certain creditors who might be  seeking to collect more than they      are  entitled.

Bankruptcy, however, may not be  the cure-all for every financial problem. There are limitations. For  instance, a debtor usually can not: 

  1. Eliminate certain liens of secured creditors. Although it is possible to force secured creditors to  take payments over time and      although it is  possible to modify the terms of payments in some cases, a       debtor usually can not keep the collateral  unless the debtor continues to pay      the  debt.
  2. Discharge types of debts identified in the bankruptcy code.       The most common exceptions to discharge  are domestic support orders (child       support, maintenance, or alimony), most  student      loans, criminal fines, and most  taxes.
  3. Discharge debts incurred after the bankruptcy is filed.       Bankruptcy only helps with debts already  existing at the time of filing;      it doesn't  provide relief for future debts.
  4. Protect co-signors. If someone co-signed for you, the       co-signor is usually going to be liable to  pay the creditor whatever part      of the  loan you don't pay or that isn't paid through a bankruptcy       case. 

The Four Types of Bankruptcy Available to Individual Consumer Debtors

The  Bankruptcy Code is divided into four chapters. The most commonly used  chapters by consumer debtors are chapter 7, known as a "fresh start" or  "straight" bankruptcy and chapter 13 which is a voluntary court  approved, court supervised affordable repayment plan.

The  main benefit of filing for bankruptcy under all chapters is the  automatic stay. The automatic stay is a court order that automatically  applies once a bankruptcy case is filed (with rare exceptions that apply  to some repetitive case filings). The automatic stay stops most  lawsuits, repossessions, foreclosures, garnishments, utility shut-offs,  and debt collection harassment. It offers debtors relief and enables  debtors and a case trustee to review the facts and develop an  appropriate solution to the debt problems. 

Chapter 7: Liquidation (court filing fee (not including attorney fees or costs = $335)

  1. Chapter 7 is designed for debtors in financial difficulty who do  not have the ability to pay their existing       debts. Debtors whose debts are primarily  consumer debts are subject to a      "means  test" designed to determine whether the case should be       permitted to proceed under chapter 7. If  your income is greater than the      median  income for your state of residence and family size, in some cases,       creditors have the right to file a motion  requesting the court dismiss      your case as  an abuse under §707(b) of the United States Bankruptcy Code.       It is up to the court to decide whether  the case should be dismissed.
  2. Under chapter 7, you may claim certain property exempt under       applicable law. Some states force debtors  in the state to only claim      property exempt  pursuant to state law, while other states allow debtors to       choose to claim property exempt under  either state or federal law. A      trustee can  take possession and sell any non-exempt property and use the       sale proceeds to pay your creditors.
  3. The purpose of filing a chapter 7 case is to obtain a       discharge of the debts existing as of the  date you file a case. However,      not all  debts are dischargeable. If you have committed certain kinds of       improper conduct described in the  Bankruptcy Code, the court may deny you a       discharge and, if it does, the purpose for  which you filed the bankruptcy      petition  will be defeated.
  4. Even if you receive a general discharge, some particular       debts are not discharged under the law.  Therefore, you may be responsible      to pay  for most taxes and student loans; debts incurred to pay no       dischargeable taxes; domestic support and  property settlement obligations;      most  fines, penalties, forfeitures, and criminal restitution obligations;       certain debts which are not properly  listed in your paperwork; and debts      for  death or personal injury caused by operation of a motor vehicle,       vessel, or aircraft while intoxicated from  alcohol or drugs. Also, if a      creditor can  prove that a debt arose from fraud, breach of fiduciary duty,       or theft, or from a willful or malicious  injury, the bankruptcy court may      determine  that the debt is not discharged.

Chapter 13: Repayment of All or  Part of the Debts of an Individual with Regular Income (court filing  fee, not including attorney fees or costs = $281).

  1. Chapter 13 is designed for individuals with regular income       who would like to pay all or part of their  debts in installments over a      period of  time. You are only eligible for chapter 13 if your debts do not       exceed certain dollar amounts set forth in  the Bankruptcy Code.
  2. Under chapter 13, you must file with the court a plan to       repay your creditors all or part of the  money you owe them from your      future  earnings. The period allowed by the court to repay your debts may       be three or five years, depending upon  your income and other factors. The      court  must approve your plan of repayment before it can take effect.
  3. After completing the payments under your plan, your debts are       generally discharged except for domestic  support obligations; most student      loans;  certain taxes; most criminal fines and restitution obligations;       certain debts which are not properly  listed in your bankruptcy papers;      certain  debts for acts that caused death or personal injury; and certain       long term secured obligations (like  mortgages).

Chapter 11: Reorganization (court filing fee, not including attorney fees or costs = $1,039)

Chapter  11 is designed for the reorganization of a business but is also  available to individual consumer debtors. Its provisions are quite  complicated and any decision by an individual to file a chapter 11  petition should be reviewed by an attorney. Further information about  chapter 11 cases, since chapter 11 usually does not pertain to  individuals with primarily consumer debts can be found at the following  website: www.uscourts.gov/bankruptcycourts.html . Or, you can obtain information about chapter 11 by obtaining a copy  of the brochure published in June, 2000 and titled "A Bankruptcy Basics"  prepared by the Administrative Office of the United States Courts.

Chapter 12: Family Farmer or Fisherman (court filing fee, not including attorney fees or costs = $239)

Chapter  12 is designed to permit family farmers and fishermen to repay their  debts over a period of time from future earnings and is similar to  chapter 13. The eligibility requirements, however, are restrictive,  limiting its use to those whose income arises primarily from a  family-owned farm or commercial fishing operation. Chapter 12,  therefore, is usually not available to consumers whose debts are  primarily consumer debts. The brochure and website mentioned above also  provides more detailed information regarding chapter 12.

SERVICES AVAILABLE FROM CREDIT COUNSELING AGENCIES

With  limited exceptions, §109(h) of the Bankruptcy Code requires that all  individual debtors who file for bankruptcy relief on or after October  17, 2005, receive a briefing that outlines the available opportunities  for credit counseling and provides assistance in performing a budget  analysis. The briefing must be given within 180 days before the  bankruptcy filing. The briefing may be provided individually or in a  group (including briefings conducted by telephone or over the Internet)  and must be provided by a nonprofit budget and credit counseling agency  approved by the United States Trustee or bankruptcy administrator. The  clerk of the bankruptcy court has a list that you may consult of the  approved budget and credit counseling agencies in your jurisdiction.

BANKRUPTCY CRIMES AND AVAILABILITY OF BANKRUPTCY PAPERS TO LAW ENFORCEMENT OFFICIALS

A  person who knowingly and fraudulently conceals assets or makes a false  oath or statement under penalty of perjury, either orally or in writing,  in connection with a bankruptcy case is subject to a fine,  imprisonment, or both. All information supplied by a debtor in  connection with a bankruptcy case is subject to examination by the  Attorney General acting through the Office of the United States Trustee,  the Office of the United States Attorney, and other components and  employees of the Department of Justice.

WARNING:

11  U.S.C. §521(a)(1) of the Bankruptcy Code requires that you promptly  file detailed information regarding your creditors, assets, liabilities,  income, expenses and general financial condition. Your bankruptcy case  may be dismissed if this information is not filed with the court within  the time deadlines set by the Bankruptcy Code, the Bankruptcy Rules, and  the local rules of the court.

Notice Mandated by 11 U.S.C. § 342(b)(2)

FRAUD & CONCEALMENT PROHIBITED

It is important that you understand the following: 

  1. Some or all of the information you provide in connection with       your bankruptcy case will be filed with  the United States Bankruptcy Court      in the  appropriate jurisdiction on forms or documents that you will be       required to sign and declare as true under  penalty of perjury.
  2. A person who knowingly and fraudulently conceals assets or       makes false oaths or statements under  penalty of perjury in connection      with a  bankruptcy case shall be subject to fine, imprisonment, or both.
  3. All information you provide in connection with your bankruptcy       case is subject to examination and audit  by the Attorney General of the      United  States.

Notice Mandated by 11 U.S.C. § 527(a)(2)

MANDATORY DISCLOSURE TO CONSUMERS WHO ARE CONTEMPLATING FILING FOR BANKRUPTCY

PLEASE TAKE NOTICE THAT: 

  1. All information that you are required to provide with the       filing of your case and thereafter, while  your case is pending, must be      COMPLETE,  ACCURATE, and TRUTHFUL.
  2. You must disclose ALL of your assets and liabilities!       Further, you must identify the replacement  value of each asset (as defined      in the  Bankruptcy Code, §506) must be stated in documents where requested       after reasonable inquiry to establish the  value. For most property used      and acquired  for personal, family, or household purposes, replacement       value means the amount retail merchant  would charge for "used"      property similar  to what you own considering the age and condition of the       property. Replacement cost does NOT mean  the amount you would have to pay      a retail  merchant for a "new" item. For many cases involving       used clothing, furniture, computers, etc…  replacement cost may be      "yard sale" value,  or what the used item might sell for on eBay.       With regard to antiques, jewelry or  collectables, replacement value might      be  the retail value. For motor vehicles, replacement value would be the       third party purchase value. For real  estate, replacement value would be      what  the property would sell for at current market value. For cash and       bank accounts it is the actual amount on  deposit. For stocks and bonds, it      is their  market value as of the date your case is filed and the value is       the cash value of what the stock could  sell for in the market, or the      amount a  bond could be redeemed for at the time of filing. 
  3. Before you file a case, you are subject to a "means       test." The "means test" is a statutory  test designed to      determine whether or not  you qualify to file a case under chapter 7 of the       bankruptcy code, and if not, how much you  need to pay to your unsecured      creditors in  a chapter 13 case. You must      therefore  state, after reasonable inquiry, your current monthly income,       the amount of all expenses as specified in  §707(b)(2),      and, in a case under chapter  13 of this title, disposable       income(determined in accordance with  §707(b)(2), are required to be stated       after reasonable inquiry.
  4. Any information you provide during the case may be audited       pursuant to Title 11 of the United States  Code and failure to provide      information  may result in dismissal of the case or other sanction,       including criminal sanctions!

Notice Mandated by 11 U.S.C. § 527(b)

IMPORTANT INFORMATION ABOUT BANKRUPTCY ASSISTANCE SERVICES FROM AN ATTORNEY OR BANKRUPTCY PETITION PREPARER

If  you decide to seek bankruptcy relief, you can represent yourself, you  can hire an attorney to represent you, or you can get help in some  localities from a bankruptcy petition preparer who is not an attorney.  THE LAW REQUIRES AN ATTORNEY OR BANKRUPTCY PETITION PREPARER TO GIVE YOU  A WRITTEN CONTRACT SPECIFYING WHAT THE ATTORNEY OR BANKRUPTCY PETITION  PREPARER WILL DO FOR YOU AND HOW MUCH IT WILL COST. Ask to see the  contract before you hire anyone.

The  following information helps you understand what must be done in a  routine bankruptcy case to help you evaluate how much service you need.  Although bankruptcy can be complex, many cases are routine.

Before  filing a bankruptcy case, either you or your attorney should analyze  your eligibility for different forms of debt relief available under the  Bankruptcy Code and which form of relief is most likely to be beneficial  for you. Be sure you understand the relief you can obtain and its  limitations. To file a bankruptcy case, documents called a Petition,  Schedules and Statement of Financial Affairs, as well as in some cases a  Statement of Intention need to be prepared correctly and filed with the  bankruptcy court. You will have to pay a filing fee to the bankruptcy  court. Once your case starts, you will have to attend the required first  meeting of creditors where you may be questioned by a court official  called a 'trustee' and by creditors.

If  you choose to file a chapter 7 case, you may be asked by a creditor to  reaffirm a debt. You may want help deciding whether to do so. A creditor  is not permitted to coerce you into reaffirming your debts.

If  you choose to file a chapter 13 case in which you repay your creditors  what you can afford over 3 to 5 years, you may also want help with  preparing your chapter 13 plan and with the confirmation hearing on your  plan which will be before a bankruptcy judge. If you select another  type of relief under the Bankruptcy Code other than chapter 7 or chapter  13, you will want to find out what should be done from someone familiar  with that type of relief. 

Your  bankruptcy case may also involve litigation. You are generally  permitted to represent yourself in litigation in bankruptcy court, but  only attorneys, not bankruptcy petition preparers, can give you legal  advice.

Information on this page and website is for informational purposes only and should not be considered legal advice.


Copyright © 2025 DeNova Law, PLLC - All Rights Reserved.

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