The Office of the Chapter 13 Trustee, Christopher Micale the Trustee for chapter 13 bankruptcy cases in the Western District of Virginia. AO Guidance Regarding Chapter 7 Fee Waivers QR (quick-response) codes offer an efficient way to create links to websites. Visit your smartphone app store/marketplace for a QR-code reader app. YOUR Chapter 13 plan can be tailored to suit your needs--although it may NOT allow you to continue in a lifestyle as yet unaffordable. For more details on Chapter 13, read an informal article by the Chapter 13 trustee for the Northern and Southern Districts of West Virginia or a view of Chapter 13 .
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The plans typically last 5 years although some people may qualify for a three-year plan. During the repayment plan you are protected from all debt collection activity including phone calls, lawsuits and wage garnishments. In a Chapter 13 repayment plan, all of your creditors have to participate in the plan. Your lawyer will help you determine how much you can afford to pay into the plan on a monthly basis and that is typically all that your creditors are entitled to receive.
When you couple this with the possibility of being able to modify your car payments or being able to get rid of a second mortgage, Chapter 13 can completely change your financial outlook for the better.
There are many bankruptcy lawyers in West Virginia who do not take Chapter 13 cases. At Hinkle Law, we probably file more Chapter 13 cases than most lawyers in the state.
One example of these duties is that everyone filing bankruptcy in West Virginia has to send a copy of their most recent federal income tax return to the trustee assigned to their case at least 7 days before their creditors' meeting. The trustee uses the information contained in the tax returns, along with any other information or documentation they may have requested from you after your case was filed, to verify the information you disclosed in your bankruptcy forms.
Even though the trustee does not represent you or your interests, you both share a common goal in that you want your Chapter 7 bankruptcy in West Virginia to go smoothly and without unnecessary complications. So, keep an eye out for any correspondence from your trustee after your case has been filed and follow any instructions it may provide with respect to the best way to submit the documents the trustee wants.
Everyone filing Chapter 7 in West Virginia shares a common goal - getting their debts discharged. Once the court has confirmed that you have complied with all of the requirements under the Bankruptcy Code, the judge will enter an order discharging your debts; this is called the discharge, or discharge order.
One of the requirements you have to meet before the court can enter a discharge in your Chapter 7 bankruptcy in West Virginia is completing a second course. This course can only be taken after your case has been filed and focuses on financial management and debtor education.
Since you are not eligible to have your discharge entered without it, you have to complete this course or the court may close your case, thereby terminating the automatic stay and leaving you open to creditor collection actions. If that happens you can have your case reopened to file a certification that you completed the course so the court can enter your discharge and close the case again, but that takes unnecessary time and money.
It's better to simply plan on taking this course before your creditors meeting, giving you about a month or so to get it done. As before, make sure you take the course from a provider that has been approved to offer it to people filing bankruptcy in West Virginia. Your creditors' meeting will take place about a month after you go to the court to file your Chapter 7 bankruptcy in West Virginia.
Even though it sounds like a scary and stressful situation, with just a little preparation and a couple of deep breaths before you head inside it will be over before you know it. First of all, even though it is called a creditors' meeting it is very rare that any creditors show up. Instead, it is mostly a meeting with your trustee, who will put you under oath and then ask you the same questions they ask everyone filing Chapter 7 in West Virginia.
Sometimes the trustee notices something they want more information on in the bankruptcy forms as they were reviewing your case. If so, the trustee can take this opportunity to ask you some follow up questions during your meeting. Most of the time, the process takes less than 10 minutes and the biggest complicating factor tends to be whether you brought a government issued picture ID and acceptable proof of your social security number.
So, as long as you make sure you have both of those with you, you're more than halfway to a successful meeting in your West Virginia bankruptcy case. Depending on whether you own your car outright or still have payments left on a car loan, there are a number of ways to deal with it after filing Chapter 7 in West Virginia. If you own it free and clear, then as long as it is worth less than the applicable exemption everything stays the same.
This is because the West Virginia bankruptcy laws acknowledge the fact that every adult in the state should have one vehicle that unsecured creditors cannot take away. If you are still paying on a loan, then you have a few different options on how to deal with it.
Some folks filing Chapter 7 in West Virginia take the chance to return their car because it's not worth nearly what they still owe on the loan. Since this surrender is done as part of a West Virginia bankruptcy case, your responsibility to pay the balance left on the loan after the car is sold is discharged. Others are happy with their car and the loan makes sense for them, so they enter into a reaffirmation agreement that basically keeps everything the same as before their Chapter 7 bankruptcy in West Virginia was filed.
The only way to keep the car but not the loan is to redeem it by paying its current value to the creditor in exchange for a clear vehicle title. Everyone who wants to file a Chapter 7 bankruptcy in West Virginia has to pass the West Virginia means test for bankruptcy first.
The purpose of the test is to make sure that only people who can't afford to pay any significant amount of their income to their creditors are allowed to file Chapter 7 bankruptcy in West Virginia even though their income exceeds the income limits.
The official online bankruptcy forms available from the federal judiciary are only part of the West Virginia bankruptcy forms. When you first head to the court to file your Chapter 7 bankruptcy in West Virginia, the Northern District does not require any local forms created by the court to be filed along with the official forms. The Southern District, on the other hand, requires this local form along with your Chapter 7 bankruptcy forms if you are not submitting any paycheck stubs.
However, everyone filing a West Virginia bankruptcy case has to travel to either Wheeling or Clarksburg to submit their paperwork in person. Depending on your county of residence, any hearings for your Chapter 7 bankruptcy in West Virginia will take place in either Charleston, Huntington, Parkersburg or Beckley. This district requires that everyone who files a West Virginia bankruptcy without a lawyer by submitting their bankruptcy forms to the court in paper follow these instructions on how the list of their creditors' addresses must be formatted.
The laws that protect your property from the trustee are often referred to as the Chapter 7 bankruptcy exemptions. In practice, exemption laws apply to any West Virginia bankruptcy case. If you have lived in the Mountain State for at least 2 years when your case is filed, you have to use the West Virginia bankruptcy exemptions to protect your assets.
Anything that is not protected by one of these exemptions can be sold for the benefit of your creditors as part of your Chapter 7 bankruptcy in West Virginia. If you are having a hard time matching your personal items with the available exemptions, this may be money well spent if it helps you protect your assets.
If you can stick to the terms of your repayment agreement, all your remaining dischargeable debt will be released at the end of the plan typically three to five years. Chapter 13 bankruptcy is generally used by debtors who want to keep secured assets, such as a home or car, when they have more equity in the secured assets than they can protect with their West Virginia bankruptcy exemptions.
Chapter 13 bankruptcy is a reorganization whereas Chapter 7 bankruptcy is a liquidation.