Filing for Bankruptcy need not be confusing. We are here to help you understand all aspects of bankruptcy filing and what works for your situation. Our aim is to enable you to get a fresh start . We solve problems!
Bankruptcy Basics – A Quick Reference
Bankruptcy is a process wherein individuals (or with spouses) or businesses can eliminate or repay some or all of their debts under the protection of the Federal Bankruptcy Court.
The goal of filing for bankruptcy is to enable you to rebuild your credit thereby giving you a fresh start. Once a bankruptcy case is filed, a court order called an “automatic stay” goes into effect and immediately prohibits most creditors from taking action to collect debts owed them. The automatic stay could prevent utility disconnections, foreclosures, evictions, and wage garnishments. How this applies may depend on every filer’s unique situation so we recommend that you schedule a FREE consultation with us so we could get a more thorough assessment of your situation. We are highly experienced in bankruptcy law and we invite you to check out our Client Testimonials page to see the many lives we have touched over the years.
Basic Differences of Bankruptcy Types
Chapter 7 – Liquidation Bankruptcy
Individuals and Businesses are eligible for this type of bankruptcy, but total income must pass the Chapter 7 Means Test. Read more about Chapter 7 Bankruptcy
- Assets – Exempt assets can be retained; non-exempt may be sold by trustee.
- Dischargeable Debts – Credit card charges, personal loans, and medical bills are extinguished.
- Non-Dischargeable Debts – Most taxes, student loans, alimony, and child support will remain.
Benefits – No further payments or creditor calls or discharged debts.
Drawbacks – Misperception of negative impact.
Chapter 13 – Individual Reorganization Bankruptcy
This type of bankruptcy is only for Individuals (including sole proprietors). Certain limits on amount of secured or unsecured debt may apply. Read more about Chapter 13 Bankruptcy
- Assets – Foreclosures, garnishments and repossessions are prevented.
- Dischargeable Debts – May be discharged in whole or in part.
- Non-Dischargeable Debts – Included in plan, usually at 100%
- Benefits – Assets retained, more time to catch up arrears.
- Drawbacks – Monthly payments required.
Chapter 11 – Business Reorganization Bankruptcy
This type of bankruptcy is for business entities and certain individuals. Read more about Chapter 11 Bankruptcy
- Assets –Same as Chapter 13.
- Dischargeable Debts – Same as Chapter 13.
- Non-Dischargeable Debts – Same as Chapter 13.
Benefits – Same as Chapter 13
Drawbacks – More costly than Chapter 13
Filing for Bankruptcy
Our objective is to make the process for filing for bankruptcy as transparent as possible. Whether it is Chapter 7 (liquidation), Chapter 13 (individual debt adjustment) or Chapter 11 (business reorganization), our goal is to do what is best for your situation.
These are brief answers to frequently asked questions. You must discuss the specifics with us. Once you retain us, you should refer all creditor calls to us. Your personal contact with us is strictly confidential. If you have any additional questions, please call us.
We are Bankruptcy Attorneys
We are highly experienced in bankruptcy law, consumer bankruptcy, and individual bankruptcy. We help you stop foreclosures, garnishments, liens, and repossessions. We walk you through every step of the way with pragmatic and sensible approaches.
We serve most of Northern Virginia: Fairfax County, Fairfax City, Prince William County, Manassas City, Manassas Park, Fauquier County, Loudoun County, Stafford County, Alexandria City, Arlington County, and Falls Church.
Convenient Location and Flexible Hours
We are located in Fairfax, VA and our regular office hours are Monday to Friday from 9am-5pm but we can also accommodate you as early as 6am or as late as 8pm by special appointment. Please contact us by calling (703) 893-0760 or by filling up the online form.
Contact Us for Free Consultation
Call us at (703) 893-0760 for a free phone consultation or complete the online form and we will get back to you soon! Hablamos Español.Click to Complete Online Form
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