Centreville Bankruptcy Attorney
Get a Bankruptcy Attorney Near Me
Whether it’s you, your family or a small business experiencing financial hardship in this economy, sometimes filing bankruptcy is the best solution for your most difficult problems.
Fisher-Sandler, LLC has been serving the Northern Virginia and Centreville VA area since 1999. With a combined 40 plus years of bankruptcy filing experience, you can be sure Centreville Bankruptcy Attorneys Nathan Fisher and Michael Sandler have the skills and know-how to get your case filed fast, correctly and accepted by the bankruptcy court and trustee.
You will see immediate benefits upon your bankruptcy filing. For example, an automatic stay is imposed on all creditors, preventing them from any collection actions such as foreclosing on your property, harassing you on the telephone, filing lawsuits against you, putting liens on your home, seizing your paycheck, or putting a lien on your bank account. Another advantage is the ability to have certain types of debt discharged completely. For example, credit card debt, utilities, personal loans, income taxes over three years old, judgments, and mortgage or auto loan deficiencies are totally discharged in a Chapter 7 bankruptcy proceeding.
Centreville Bankruptcy Services:
- Chapter 7 Bankruptcy
- Chapter 13 Bankruptcy
- Chapter 11 Bankruptcy
- Emergency Bankruptcy Filing
- Mortgage Loan Modification
- Student Loan Modification
- Uncontested Divorce
- Wage Garnishment
- IRS/Bank Levy
- Foreclosure Defense
- Property Exemptions
- Tax Forgiveness
- Auto repossessions
- Creditor Harassment
The concept of bankruptcy is a creation of the Congress of the United States of America. The purpose of bankruptcy, prepared by a Centreville Bankruptcy Attorney, is to afford individuals and businesses an opportunity for an orderly process in which their debts are either discharged in their entirety or reorganized pursuant to bankruptcy laws. The bankruptcy process is conducted in a Federal court system of United States Bankruptcy Courts that are divided into several hundred districts of the United States.
Centreville Chapter 7 Bankruptcy Attorney
Chapter 7 Bankruptcy –
A consumer Chapter 7 bankruptcy proceeding is, by far, the most frequently filed bankruptcy proceeding. Clearly, over 90% of all bankruptcies filed in the Centreville and the Fairfax County area are Chapter 7 bankruptcy proceedings. These proceedings are initiated by individuals, or married couples, in an attempt to achieve a fresh start. The major contributing factors to a Chapter 7 bankruptcy are loss of employment, illness, divorce, and unexpected family emergencies.
The process of filing a Chapter 7 bankruptcy proceeding is initiated by the completion of a petition in bankruptcy. The petition in bankruptcy consists of four major sections.
The first section is a schedule of all of the debtor’s assets, including all real estate and all personal property held.
The second section of a bankruptcy petition schedules out the household income of a Chapter 7 debtor and the household expenses regarding the same.
The third portion of a Chapter 7 bankruptcy proceeding is the completion of a questionnaire entitled “Statement of Financial Affairs” which covers the financial activity of the debtor over the past several years.
And finally, there is the analysis of the debtor’s gross wages using a formula put forth and periodically adjusted by the United States Department of Justice. The completed bankruptcy petition is then filed with the United States Bankruptcy Court in the appropriate district determined by the residence of the debtor.
Approximately 30 to 40 days after the filing of a Chapter 7 bankruptcy petition, an examination of the debtor is conducted by a Trustee, assigned by the United States Bankruptcy Court, to examine the debtor. Generally, these examination meetings last only a few minutes since all of the pertinent questions that a bankruptcy trustee may have are contained in the bankruptcy petition. After the Bankruptcy Court has conducted its examination of the debtor, a period of 60 days is allowed for the creditors to file any complaint that they may have alleged fraud or malfeasance by the debtor. The honest debtor in a Chapter 7 bankruptcy proceeding will invariably be given a discharge. The discharge in bankruptcy is potent and complete.
Essentially all civil debt such as credit cards, bank loans, department store credit cards, hospital bills, medical bills, dental bills, utility accounts, and personal loans are discharged by a Chapter 7 bankruptcy proceeding. Court judgments obtained by creditors prior to the filing of a Chapter 7 bankruptcy are also discharged.
Although discharging tax liability in a Chapter 7 bankruptcy proceeding can be complicated, a general rule of thumb would be that any income taxes and assessed and outstanding against the debtor for a period of more than three years will be discharged by a Chapter 7 bankruptcy proceeding. In recent years, the phenomenon “upside-down real estate” has resulted in many individuals or married couples choosing to file a Chapter 7 bankruptcy case to extricate themselves from the financial obligations pertaining to real estate that is worth substantially less than the outstanding obligation to the mortgage holder. In this case, a real estate mortgage and the note can be discharged in a Chapter 7 bankruptcy proceeding.
Centreville Chapter 13 Bankruptcy Attorney
Chapter 13 Bankruptcy –
A Chapter 13 bankruptcy case is substantially different than that of Chapter 7. In a Chapter 13 bankruptcy proceeding, an individual or married couple represents to the Bankruptcy Court that, although they are severely in debt, they feel that given enough time, they can reorganize their debt with a payment plan.
Filing for a Chapter 13 bankruptcy is often employed to save the residence of the debtor. A Chapter 13 bankruptcy filing will first and foremost stop any foreclosure proceedings from going forward. A Chapter 13 bankruptcy proceeding will allow the debtor to repay the money that they are behind on their mortgage, or mortgages, over a period of up to five years. Depending upon the income available and expenses to be paid, a debtor submits a Plan of Reorganization in which the debtor proposes to pay either all or a portion, of the debtor’s debt over time. The amount to be paid is determined by how much the debtor can actually afford to pay, not what is actually due to the creditors.
As is the case in a Chapter 7 bankruptcy proceeding, a Chapter 13 bankruptcy proceeding is initiated by the filing of a Chapter 13 bankruptcy petition. The petition itself is very similar to that of the Chapter 7 bankruptcy proceeding except, in the Chapter 13 bankruptcy proceeding, the debtor submits Chapter 13 Plan to the Court. A superior bankruptcy attorney is able to apply the applicable portions of the United States Bankruptcy Code to the individual debtor’s situation in order to formulate a Chapter 13 Plan that complies with all applicable bankruptcy law.
A Chapter 13 bankruptcy proceeding is the most valuable and potent tool in protecting the residential home of debtors nationwide. Approximately 30 or 40 days after the Chapter 13 bankruptcy petition is filed with the United States Bankruptcy Court, the Chapter 13 Trustee, an individual attorney, will conduct a confirmation hearing at the United States Bankruptcy Court. The confirmation hearing is an examination of the debtor to ensure that the petition has been properly filed and the Chapter 13 Plan of Reorganization submitted by the bankruptcy attorney and the debtor complies with all applicable bankruptcy law.
At the conclusion of the confirmation hearing, a monthly amount is determined by the bankruptcy attorney, the debtor and the Chapter 13 Trustee. This amount will be forwarded to the Chapter 13 Trustee’s office on a monthly basis until the conclusion of the Chapter 13 Plan. The debtor need only send in a single payment to the Chapter 13 Trustee and the Trustee then distributes the funds to the creditors participating in the Chapter 13 bankruptcy proceeding. At the conclusion of the required payments, the United States Bankruptcy Court will issue a discharge to the debtor. It should be noted that whatever debt remains unpaid at the conclusion of the Chapter 13 bankruptcy proceeding is discharged in the same manner as a Chapter 7 bankruptcy discharge.
End Your Financial Anxiety With Our Centreville Bankruptcy Lawyers
Have you lost sleep over an unmanageable financial situation? Are you counting the days until foreclosure? If so, you may be a good candidate for Chapter 13 bankruptcy. We will handle your bankruptcy personally; you aren’t shoved over to a paralegal or assistant, and we do not let you become just another case number. The bankruptcy lawyers at Fisher-Sandler maintain high-quality professional standards and provide quality, affordable legal services. Contact our experienced Centerville Chapter 13 bankruptcy lawyers today, and schedule a free consultation through this website’s contact page or by calling Fisher-Sandler at (703) 691-1642.
Centreville Virginia – About
Centreville, according to a tourism pamphlet published by the Fairfax County government in 1907, was the first proper town within the modern boundaries of Fairfax County. Possibly the destination for your “best family trip ever!” Families from near and far visit this area of Virginia which is rich in history, and has an endless number of kid-friendly things to do and see. Centreville offers access to great historical attractions such as Manassas National Battlefield Park and Bull Run Regional Park. If you’re looking for an adult getaway, there is the always popular Winery at Bull Run in Centreville. Explore all the city has to offer below.
Centreville is a suburb of Washington, D.C. with a population of 74,627. Centreville is in Fairfax County and is one of the best places to live in Virginia. Living in Centreville offers residents a dense suburban feel and most residents own their homes. In Centreville, there are a lot of restaurants, coffee shops, and parks.
Other Cities Served in Fairfax County:
- Dunn Loring
- Fairfax Station
- Falls Church
- Fort Belvoir
- Great Falls
- Mason Neck
- Mount Vernon
- Fairfax County
Zip Codes Served: