Consumer Bankruptcy Lawyers in Winchester, Virginia

Find the right Consumer Bankruptcy attorney in Winchester, VA

Bankruptcy allows an individual or business to get rid of some or all of its debt. Generally, 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 significantly 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 Winchester, Virginia bankruptcy attorney beforehand.

Chapter 7 Bankruptcy in Winchester, Virginia

In Winchester, Virginia, there are 2 commonly-used types of consumer bankruptcy: Chapter 7 and Chapter 13. Chapter 7 bankruptcy involves a liquidation of some of the debtor's assets, which pays off part of his or her debt. Once this is done, the remaining debt is discharged. Fortunately for debtors, many forms of property are exempt from liquidation, including homes, vehicles, essential personal items, and retirement accounts.

Once eligible assets are sold, and the money turned over to the creditors, most remaining debt is discharged. However, there are certain types of debt that cannot be discharged in bankruptcy, including student loans, taxes, child support, and criminal fines. If most of your debt is non-dischargeable, it may not be a good idea to file for bankruptcy in Winchester, Virginia.

Chapter 13 Bankruptcy in Winchester, Virginia

In Winchester, Virginia, Chapter 13 is quite different from Chapter 7. Chapter 13 may or may not be the best choice for you; this depends on the facts of your particular situation. 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 agreements that gave rise to the debt in the first place. This results in a new 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 Winchester, Virginia

Whether Chapter 7 or Chapter 13 is the right choice for you depends heavily on your individual situation. If you have a stable income stream, and a lot of non-exempt property, Chapter 13 might be right for you. If you don't have a stable income, and most of your property is exempt, Chapter 7 might be a better way to go.

Whatever your situation, you should speak with a local Winchester, Virginia bankruptcy lawyer. Your attorney will be able to advise you of your options and their likely consequences, which will help you make a more educated decision.

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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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