Bankruptcy in Woodstock, Virginia is a court process which allows an individual or business who is drowning in debt to be relieved of their legal obligation 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 obligation. 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 Woodstock, 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 Woodstock bankruptcy attorney cannot be substituted.
Types of Bankruptcy in Woodstock, Virginia
In Woodstock, Virginia, there are 3 types of bankruptcy in common use: Chapter 7, Chapter 13, and Chapter 11. Because bankruptcy is a creation of federal law, the procedures governing bankruptcy in Woodstock, Virginia will be similar anywhere else in the U.S. Chapter 7 bankruptcy requires the debtor to liquidate some of his or her assets in order to pay off as much debt as possible. Once the sale of the assets is complete, and the proceeds handed over to the creditors, the debt is viewed as discharged. Liquidation is basically selling assets to the highest bidder. Not all of the debtor's assets will need to be sold, and many types of property are totally or partially exempt, including homes, cars, retirement accounts, and insurance policies. This means that the debtor can keep them. It should be noted that some types of debts are not dischargeable in Chapter 7 bankruptcy, including student loans, criminal fines, taxes, and child support payments. Even when the bankruptcy process is complete, these debts will have to be paid in full.
Under Chapter 13 bankruptcy in Woodstock, most of the debtor's debt is not discharged. Instead, the bankruptcy court, working with the debtor and participating creditors, work out a payment plan that allows the debtor to pay off most of his or her debts over a longer period of time, thereby theoretically making the debt far more manageable. Once a payment plan is approved by the court, creditors are prohibited from attempting to collect payment under their original agreements that gave rise to the debt in the first place. Though Chapter 11 bankruptcy can be used by individuals, it is almost exclusively used by businesses. Similar to Chapter 13, Chapter 11 involves restructuring of debts, rather than complete discharge. The debtor is required to come up with a restructuring plan that lays out how it plans to cut costs, streamline operations, and pay its debts. The plan must then be approved by a vote of participating creditors.
During the Chapter 11 process, a business can usually continue its operations, and the stock can be traded, even if it is de-listed from a major stock exchange.
How Can a Woodstock Bankruptcy Lawyer Help?
Filing for bankruptcy in Woodstock is a very important decision, and should not be made lightly. Before filing, one should consult with a good Woodstock bankruptcy attorney for advice.
He helped more then anyone I've spoke to, even though I only spoke to him over the phone the phone for now, he made me feel alot less stressed out for my case ahead. Thank you very much for everything! He helped me understand more about what is going on.
We just hired Ian and have had several phone conversations with him we also met one time so far but he was very responsive, knowledgable and up front. I feel he will do a great job defending my Grandaughter enabling her to continue the stable life she has. Thank you Ian for helping us!
Ian is very caring and professional. He called me, even though he knew his experience level did not equal my case, he helped me find the right lawyer for my son and now I have him working with the lawyer I hired as lead on our case. Thank you Ian. I appreciate your help more than I can put into words.
Ian Musselman did a great job for me on fairly short notice. There was a lot of info involved in my case. Ian was aware of the facts and well prepared when it was time for court. He did a great job in representation and presenting the facts, as a result the outcome was in my favor.