Find a Bankruptcy Lawyer in Winchester, Virginia

Find the right Bankruptcy attorney in Winchester, VA

Bankruptcy in Winchester, Virginia is a court process which allows an individual or business who is drowning in debt to be relieved of their legal requirement to pay off some or all of their debt. Hopefully, this will allow both the debtor and creditors to move on with their lives. However, bankruptcy is not a free ride, allowing someone who simply doesn't feel like paying their debts to get out of that legal requirement. It is designed to prevent debt which has little chance of ever being paid back from ruining the life and finances of the debtor. It also carries significant long-term consequences, which must be carefully weighed against the potential benefits. For example, bankruptcy makes it very difficult for the debtor to obtain credit in the near future.

Therefore, it is a good idea to talk with an experienced bankruptcy lawyer in Winchester, Virginia. They will be able to advise you on the likely legal and financial consequences of filing for bankruptcy, and help you determine if it's the right option for your. Because this determination depends heavily on the facts of each individual case, the counsel of a Winchester bankruptcy attorney cannot be replaced.

Types of Bankruptcy in Winchester, Virginia

In Winchester, Virginia, there are 3 types of bankruptcy in common use: Chapter 7, Chapter 13, and Chapter 11. Because bankruptcy is a result of federal law, the procedures governing bankruptcy in Winchester, Virginia will be similar everywhere else in the U.S. Chapter 7 bankruptcy involves liquidation of part of the debtor's assets to pay off as much of his or her debt as possible. Once the liquidation is complete, and the proceeds given to the creditors, the rest of the debt is discharged. Liquidation is essentially selling assets to the highest bidder. Only some of the debtor's assets have to be sold, and numerous classes of property are exempt, meaning that the debtor can keep them, including homes, cars, insurance policies, and retirement accounts. It should be noted that certain types of debt cannot be discharged through Chapter 7 bankruptcy, including student loans, child support payments, criminal fines, and recent taxes.

The other popular bankruptcy system in Winchester is Chapter 13 bankruptcy. Under this system, the debtor's debts are restructured, instead of discharged. This involves creating a new repayment plan that the debtor will find manageable, given his or her income, and that will result in the creditors being paid in a decent amount of time. When a repayment plan is authorized by a court, creditors are legally barred from trying to collect under the original terms of their agreement with the debtor. Chapter 11 bankruptcy is almost always used by businesses, but there is nothing that legally prevents it from being used by individuals, and its use by individuals is very rare. Chapter 11 bankruptcy requires the debtor to come up with a restructuring plan - telling the court how they propose to cut costs, fix their operations, and pay down their debts. The plan has to be approved by a majority vote of participating creditors.

One advantage of Chapter 11 bankruptcy is that it allows a business going through it to continue operating, and to trade its stock.

How Can a Winchester Bankruptcy Lawyer Help?

Filing for bankrtuptcy in Winchester is a major decision with costs and benefits that must be weighed carefully. Before filing, it would be a good idea to speak with a seasoned Winchester bankruptcy attorney.

Talk to a Bankruptcy & Finances Law Attorney now!

Life in Winchester

The beautiful Winchester, Virginia is located in the northwestern portion of the state and home to just over 26,000 residents. The city of Winchester is part of Frederick County.

Winchester is a city that played a pivotal role in the French and Indian War and the Civil War, and the Revolutionary War. Not surprisingly, the city has many historical monuments remembering those wars. During the Civil War, Winchester was one of the key strategic positions for the Confederate Army.

In addition to war relics, Winchester is also home to the annual Shenandoah Apple Blossom Festivals, which attracts over 250,000 visitors a year. Education is also important in Winchester, which is home to Shenandoah University.

The professional community in Winchester is also thriving. Winchester lawyers are some of the best in the business and are skilled in a range of legal practices. Winchester lawyers are always available to help their neighbor!

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