Consumer Bankruptcy Lawyers in Salem, Virginia

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Bankruptcy allows an individual or business to get rid of some or all of its debt. Usually, bankruptcy should only be considered when the debt is completely unmanageable, impossible to pay off, and there are no other options. However, in some cases, the benefits of bankruptcy can considerably outweigh the costs. Bankruptcy is controlled by federal law and handled in federal courts, so the procedural and substantive rules involved in Virginia are often the identical as everywhere else in the U.S. However, individual bankruptcy courts have slightly different rules for items such as exemptions, so it would be a good idea to consult with a local Salem, Virginia bankruptcy Attorney beforehand.

Chapter 7 Bankruptcy in Salem, Virginia

In Salem, Virginia, there are 2 commonly-used types of consumer bankruptcy: Chapter 7 and Chapter 13. Chapter 7 involves liquidation of part of a debtor's assets. It requires that a certain percentage of the debtor's property to be sold to pay off as much debt as possible. The majority of property that most people own, however, is exempt. This typically includes homes, vehicles, retirement accounts, and others. These are not available to creditors.

Once the non-exempt property is sold, the rest of the dischargeable debt is cleared. Some forms of debt, however, is non-dischargeable, including student loans, criminal fines, and others. If most of your debt in Salem, Virginia is not dischargeable, Chapter 7 may not be the best option.

Chapter 13 Bankruptcy in Salem, Virginia

Chapter 13 Bankruptcy in Salem, Virginia differs considerably from Chapter 7. It might be a better option than Chapter 7, depending on the facts of your case. Chapter 13 bankruptcy does not discharge debt. Instead, it restructures it. This involves the bankruptcy court coming up with a new payment plan that supersedes the terms of the arrangements that gave rise to the debt in the first place. This results in an adjusted payment plan that the debtor should find manageable, if he or she can make a few sacrifices.

Which Type of Consumer Bankruptcy Should I File in Salem, Virginia

Chapter 13 is typically a good option for people who have a stable income, and a large amount of non-exempt property that they can't part with. On the other hand, if most of the debtor's property is exempt, and he or she does not have a stable income, Chapter 7 might be more beneficial.

In any case, you should talk with a local Salem, Virginia bankruptcy Lawyer. Your Lawyer can advise you of your options and inform you of their likely result. This will make it much easier for your to make an informed choice.

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Life in Salem

Salem, Virginia is an independent city in central Virginia. It is physically located within the borders of Roanoke County, but as an independent city, it is not actually part of the county, nor under that county's jurisdiction. Nonetheless, the county courthouse is located in the city. Salem has a population of about 25,000 people.

Archeological digs show clear evidence of human habitation of the Salem area dating as far back as 8000 BCE (about 10,000 years ago). The first European settlements of Salem came in 1671, and it went on to serve important historical roles in the American Revolutionary War, and the Civil War. The city was officially founded in 1802, and to this day continues to preserve its small-town character in its beautiful natural setting.

Salem is faring pretty well economically - its median household income is about ,000 per year, and less than 7% of residents live below the poverty line, comparedto the nationwide rate of around 15%.

Salem, Virginia has a legal community that is dedicated to meeting the legal needs of the town's residents. If you need any legal services whatsoever, you should not hesitate to call a Salem, Virginia lawyer.