How to File for Bankruptcy Prior to Getting Judgment in Virginia
- 1). Look at your summons. Before you can have a judgment entered against you, a lawsuit must proceed to a hearing and you must be ruled against by the court. If you are sued, you will receive a summons notifying you of the date by which you must respond. You have at least until this date to file your bankruptcy petition before you receive a judgment against you.
- 2). Collect your financial data. You must provide the court with copies of your pay stubs and most recent tax returns in order to file bankruptcy in Virginia. You will also need all of the data on your income, expenses, debts, creditors, property and businesses in order to file a bankruptcy petition.
- 3). Choose either Chapter 13 or Chapter 7. If you have substantial assets you want to protect and an income stream you can use to repay at least some of your debts, you should consider filing for a Chapter 13 individual debt adjustment. If you have little to nothing in the way of assets or income, a Chapter 7 liquidation bankruptcy may be more appropriate.
- 4). Meet with a Virginia bankruptcy attorney. Although you don't have to have an attorney to file bankruptcy, competent attorneys are knowledgeable about local bankruptcy rules and procedures and can prove invaluable in your case. Most attorneys will even offer a free consultation whether or not you intend to hire them. The United States Courts website strongly recommends that you hire an attorney in your bankruptcy case.
- 5). Fill out your bankruptcy petition. Answer the questions as directed on the petition and provide complete and honest answers; bankruptcy fraud is a crime and you must sign the papers under penalty of perjury.
- 6). Pay your fee and submit your petition to your local Virginia bankruptcy court. The fee for a Chapter 7 bankruptcy is $299, while the Chapter 13 fee is $274. Virginia has two bankruptcy districts, Eastern and Western. Consult the Virginia bankruptcy court website to determine the location of your particular courthouse. Make sure to file before the court date on your lawsuit.
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