Licensed in VA, MD, DC and the Bankruptcy Courts of Maryland and the Eastern District of Virginia
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(703) 734-8506 Free initial phone consultations availableBankruptcy
At The Burger Law Firm, PLLC, we will give you a free and completely confidential review of your financial picture and advise you as to whether or not we feel it is in YOUR best interest to file for bankruptcy. Filing for bankruptcy is an important decision and not one that should be taken lightly. We will be with you every step of the way; keeping you informed, answering your questions and making sure you understand and are comfortable with the process.
- Chapter 7: Looking for a fresh start? Tired of creditors calling you day and night? A Chapter 7 filing may be able to eliminate your debt and give you a fresh start. You may also be able to stay in your home and keep your car.
- Chapter 13: Do you owe back payments on your car and / or house? Do you want to keep them? A Chapter 13 may allow to you to keep your vehicles and house while potentially only making small monthly payments towards the outstanding balances. You may also be able to eliminate credit card and other certain types of debts through a Chapter 13 filing for as little as pennies on the dollar.
- Stop foreclosure: Are you tying to negotiate a short-sale? Are you working towards a loan modification? Is a pending foreclosure threatening to put an end to your home ownership? Filing a Chapter 13 may provide you with a way to keep you home or allow you to complete a short sale or loan modification.
- The Process
- Documents we’ll need
- Bankruptcy FAQ
- The initial meeting: At the initial meeting we will conduct a confidential review of your present financial situation, explain the different chapters of the bankruptcy code, answer your questions and help you make an informed decision you will be comfortable with.
- Credit counseling: As a part of the new bankruptcy laws that were passed by Congress in 2005, all people who want to file for bankruptcy are required to take a credit counseling course prior to filing and a second course before discharge. Many places offer these courses on-line or on the phone.
- Prepare and review your filing: Once we have gone over your situation and reviewed all your assets and liabilities, we will prepare your petition. We will then review and explain the petition with you, make any necessary changes, and have you sign the petition.
- Filing: We will handle filing your petition. The bankruptcy court accepts on-line filing so we are able to file your petition anytime, day or night, any day of the week.
- The 341 meeting: After filing, the court will assign you a date when you will be required to appear at the Trustee's office in Alexandria to answer certain questions under oath. We will be there with you, we will make sure you are completely informed of the questions, and we will make sure you are comfortable with the process every step of the way.
- Post-341 credit counseling: A second credit counseling session is required after the 341 meeting.
- Discharge: Once you have completed the post-341 counseling and have complied with all orders of the court, you will receive your discharge. Once a debt has been discharged, the creditor cannot come back and try to collect that debt from you.
- Filing for bankruptcy involves LOTS of documents. In preparation of your filing, we will need the following documents: Prior two years tax returns and W-2s or 1099s. Recent paystubs. Statements on all debts, including mortgage debt, credit card debt, utilities, taxes, etc... Recent bank statements. Copies of all vehicles titles. All court papers if you have any pending actions. Any other documents that show a debt or proof of an asset.
- Once we file, the court will assign a date for a meeting at the Trustee's Office in Alexandria (known as the "341" meeting). At least 10 days prior to this meeting, we will need: statements from all open bank accounts that show the balance on the date of filing.
- At your 341 meeting we will need to bring the following documents: your driver's license and your original Social Security card.
- How much will it cost? The costs will vary depending on the complexity of your case. However, in Virginia, our standard fee for filing a no-asset Chapter 7 is $2,300.00 and $3,500.00 for a Chapter 13 ($1,000.00 up-front and rest paid in the plan). If we need to prepare and file certain other documents (a Suggestion of Bankruptcy, a Homestead Deed, etc...), additional fees may apply. We charge a flat fee because we do not want to keep a potential bill from you calling us if you have any questions of concerns during the process.
- How long will it take? Once filed, a Chapter 7 in Virginia usually takes between four and six months. However, there are certain requirements that must be met by each debtor in order to move the process forward (for example, all debtors must complete pre-filing and post-341 credit counseling). In Virginia, a Chapter 13 repayment plan will usually be 3 or 5 years depending on a variety of factors.
- How do I repair my credit after fling? Repairing your credit after a bankruptcy filing is not difficult but takes time. Stay current on any new debts incurred after filing. Stay on top of your credit report, make sure that the debts discharged in bankruptcy have been properly listed on the report.
- Do I need an attorney? You can file a bankruptcy petition without an attorney. However, an attorney can provide you with invaluable assistance and expertise to help ensure that your case moves quickly from filing to discharge and all creditors that can be discharged are discharged properly. An improperly filed petition can be dismissed by the court. And an improperly completed petition may leave openings that allow creditors to come back after you even after you receive a discharge.
- Can I keep my possessions if I file a Chapter 7? Although Chapter 7 is known as a "liquidation", all states provide certain exemptions that allow Chapter 7 bankruptcy debtors to retain some, and often most, of their property.
- Bankruptcy forms: Complete and submit our confidential bankruptcy questionnaire to get started.
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