Fairfax County Bankruptcy Attorney
Get a Bankruptcy Lawyer Near Me
If you’ve been considering filing for bankruptcy in Fairfax County. You need to make sure you have the best legal representation during the bankruptcy filing process. With so many changes in the bankruptcy code, it is easy to get overwhelmed by all the different types of bankruptcy along with what you can and can’t list on your bankruptcy petition.
The best way to make sure you have the most current and best bankruptcy information is to contact a good Fairfax County Bankruptcy Attorney. With over 40 years of combined bankruptcy law experience Fisher-Sandler, LLC can make sure your bankruptcy petition is done right the first time.
Nathan Fisher and Michael Sandler have helped thousands of Northern Virginia residents file for bankruptcy protection under the US bankruptcy code since 1999. If you are currently facing wage garnishment, foreclosure, eviction, utility cut-offs, IRS tax levy, frozen bank account/accounts, harassing creditor calls and letters, etc. The Law Offices of Fisher-Sandler can help you immediately.
Bankruptcy Services in Fairfax County
– Foreclosure Defense
– Student Loan Modification
– Property Exemptions
– Tax Forgiveness
– Auto Repossessions
– Stop Creditor Harassment
The Bankruptcy Process in Fairfax County
Step 1: Find a Fairfax County Bankruptcy Attorney
Your first step in the bankruptcy process is to find a good Fairfax County bankruptcy lawyer to represent you and your interest during your bankruptcy petition filing. The longer you wait to contact a local bankruptcy attorney the deeper your financial crisis can get. The quicker you take action the quicker you can get your financial house back in order.
Step 2: Get Credit Counseling
With the changes made to the US bankruptcy code in 2005. Individuals now must now get credit counseling within 180 days before filing for your individual bankruptcy. If you’re married, both you and your spouse must attend credit counseling which can be done online from the comfort of your home. Your Fairfax County bankruptcy attorneys will supply you with a link to sign up for credit counseling.
Step 3: Petition & Paperwork Submitted
Once you supply all of the paperwork/documentation your bankruptcy attorney in Fairfax County has requested. He/She can complete your petition. But you will need to make sure you supply your bankruptcy attorney all the documents below that apply to you:
- Assets. This includes anything you own that has value, such as stocks, savings accounts, real estate, cars, collectibles, home furnishings, clothing, and art.
- Debts. This list should show the creditor, current balance, interest rate, and monthly payment for each of your debts. Include all debts, even those you’re current on paying and those you can’t discharge in bankruptcy.
- Income. Include any money you’ve received for any reason in the past six months, any money you expect to receive in the future, how often you receive this money, and where it comes from. That includes regular wages, unemployment compensation, side job income, dividends, and interest from investments, pensions, and money contributed to the household by other people, such as your spouse or family members.
- Monthly household living expenses. Include your costs for rent or mortgage, food, utilities, medical expenses, clothing, taxes, transportation, child support, and alimony. When listing variable expenses, such as utilities, calculate an average based on the past year’s monthly bills.
- A certificate from your credit counseling agency showing that you completed the program.
- A copy of the debt repayment plan developed by your credit counselor.
- Pay stubs for the last two months, if any, and a statement detailing any anticipated changes to your income and expenses after filing.
- Your tax return or transcripts for the most recent tax year.
Once your bankruptcy petition has been filed the “automatic stay” goes into effect immediately. What this means to you is any creditor listed on your bankruptcy petition is forbidden by law to contact you either by phone or mail. So if you were facing wage garnishment, foreclosure, etc these will stop immediately.
Step 4: Meeting With The Trustee
After filing your bankruptcy petition, the bankruptcy court will appoint a trustee to your bankruptcy case. It’s the trustee’s job to oversee your case, liquidate any nonexempt assets for Chapter 7 Bankruptcy, and distribute funds to your creditors for Chapter 13 Bankruptcy.
Your Fairfax County bankruptcy attorneys will work with your Trustee to ensure they have all the financial records and documents they request.
Step 5: Attend Your Metting of Creditors
Shortly after filing your bankruptcy petition with the bankruptcy court. Your Trustee will hold a “341 Meeting” or what is commonly called the “meeting of creditors“. During this meeting, the bankruptcy trustee and any of your creditors that are present will ask you questions that you must answer while under oath.
There is absolutely nothing to worry about with your meeting with the creditors. Your Fairfax County bankruptcy attorney will prepare you for the meeting and will attend it with you. In most cases, the questions will be similar to ones you have already answered in your bankruptcy petition. The purpose of the meeting of creditors is to have you confirm, under oath, that the information on your paperwork is accurate and complete.
Step 6: Confirmation of Eligibility
After the meeting of creditors, the bankruptcy court should have enough information to decide whether or not you’re eligible for bankruptcy protection. If you are eligible, your bankruptcy case will proceed. If for some reason you are not eligible for chapter 7 bankruptcy, you will have the option to file for chapter 13 bankruptcy.
Step 7: Nonexempt Property Liquidation or Repayment Plan
If you are filing Chapter 7 Bankruptcy, any non-exempt property will be liquidated to pay off your debts.
Your trustee will determine whether your nonexempt assets are worth selling. In some cases, you may be able to keep some nonexempt assets if the trustee determines that selling them isn’t cost-effective. For example, say you own a car worth $3,000. You owe $2,800 on the car loan, and it would cost $200 to sell the car. In this case, the trustee may determine that selling the vehicle is not in your creditors’ best interests.
If you file for Chapter 13 bankruptcy and the court confirms your proposed repayment plan, it’s up to you to stick to the repayment schedule outlined in that plan. Most repayment plans last three to five years. If you can’t make the agreed-upon payments during this time, the court may dismiss your case or convert it to a Chapter 7 liquidation case. If circumstances beyond your control make it impossible for you to continue making payments, the court may be willing to modify the plan or grant a hardship discharge.
Step 8: Your Debts Are Discharged
In a Chapter 7 bankruptcy, your remaining debts will be discharged once the trustee sells your nonexempt assets and pays out creditor claims.
In a Chapter 13 bankruptcy, before the court concludes your case and discharges your remaining eligible debts, you must complete a personal financial management course. This course is designed to educate you on personal financial management. Your Fairfax County Bankruptcy Attorney will give you advice on the best financial management course for your situation.
Once your debts have been discharged, those creditors are no longer allowed to take any collection actions against those debts.
Contact Fisher-Sandler, LLC Today
3977 Chain Bridge Rd #2
Fairfax, VA 22030
RMWV+PG Fairfax, Virginia
Fairfax County Virginia – About
Fairfax County the most populous jurisdiction in Virginia, with more than 1.2 million residents and roughly 400 square miles of land, Fairfax County is a destination that helps connect you with America. Located just minutes from Washington, DC, Fairfax County places you in the heart of the many sites and attractions the Capital Region has to offer. You’ll discover a whole new world of wonderful places to explore – from incredible historic sites to the very best shopping around.
Things To Do in Fairfax County VA
Experience the best of Northern Virginia by visiting Fairfax County, VA! Fairfax is an ideal getaway because of all the great activities to choose from, such as a family-friendly day with the kids filled with history and wonder, night on the town with friends at trendy pubs or exquisite wineries, or a whole-family getaway for an upcoming holiday vacation. Not only are there fun things to do in Fairfax but we are also a short drive to Washington D.C. We invite you to check out our list below to help you plan your perfect Northern Virginia vacation.
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: