what forms i need to submit virginia bankruptcy
Districts: Eastern Commune of Virginia, Western Commune of Virginia
To file for Chapter 7 bankruptcy in Virginia , you lot accept to consummate a packet of most 24 forms. You will exist expected to draw everything you make, spend, owe, and ain in the free bankruptcy forms for Virginia .
Some of the questions may seem bizarre - "look, the Court wants to know how much my pet domestic dog tin be sold for?" That's ok. Just be sure to respond every question as best you lot can. The Court is request these questions because they want to understand your unabridged financial moving picture. In the commodity, we'll explicate each of these forms for Virginia and nosotros'll provide links to download each form for free.
What is the "Voluntary Petition" for in a Virginia bankruptcy case?
Think of the voluntary petition as the "About Me" section of the gratuitous bankruptcy forms for Virginia . The petition asks for your proper name, social security number, address, which affiliate of defalcation you want to file, whether you own a concern, whether y'all've filed for defalcation in the past, and other questions similar that. The petition is designed to give the Court a full general overview of who you lot are.
Download Voluntary Petition PDF
What is "Schedule A/B" for in a Virginia bankruptcy case?
On Schedule A/B, you lot list all of your property. And we mean all of it. Your real estate, your car, your fiscal accounts, your wearing apparel, your costume jewelry, even your pet. You must list anything that you lot own only office of and anything y'all might have a right to own at a later time. Failing to listing significant holding items on Schedule A/B is the biggest reason that people get in trouble in bankruptcy.
If you forget to list a twenty-twelvemonth old typewriter or a few pairs of socks, it may not affair because those items take no resale value. But if you "forget" to list real estate, bank accounts, or cars that yous own, that's a big trouble. Intentionally leaving valuable belongings off your bankruptcy forms is a criminal offense - defalcation fraud - as this Real Business firm Wife of New Jersey discovered. So lesser line - be very diligent in listing all of your avails on the free defalcation forms for Virginia .
You also must list the current value of all your assets on Schedule A/B. That's means what you lot could sell the asset for today, not what you lot paid for it new. It may be hard to value things like used piece of furniture or an interest in your business. Only practise your best. And for avails where you can detect a clear value - similar for your checking account or for your used car - brand certain to await upwardly the precise value online and listing that on Schedule A/B.
Download Schedule A/B PDF
What is "Schedule C" for in a Virginia defalcation case?
Almost people go to keep all their property when they file for Chapter 7 defalcation. But keeping your property does non happen automatically when you file for bankruptcy. You need to tell your trustee why y'all're entitled to keep your property. That'south what Schedule C of the free bankruptcy forms for Virginia is for.
Schedule C, you list the "exemptions" that protect your property. Exemptions are a set of statutes enacted in each state and by the federal government to protect a certain corporeality of certain types of your belongings from creditors. On Schedule C, the first question to answer is what set of exemptions are you lot selecting: state or federal?
If yous have resided in your current state continuously for the past 2 years (really 730 days) before filing, yous can use your current state's exemptions. And if that land is Alaska, Arkansas, Connecticut, Commune of Columbia, Hawaii, Kentucky, Massachusetts, Michigan, Minnesota, New Hampshire, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Texas, Vermont, Washington, or Wisconsin, you tin can also choose to apply the federal bankruptcy exemptions. If you've resided in your current state for less than two years, the choice of exemptions becomes trickier, as explained in this commodity.
If you're a homeowner, the federal bankruptcy exemptions are ofttimes worse than state exemptions because the federal homestead exemption offers very fiddling protection for equity in your home. But if y'all don't ain real estate, the federal exemptions are often ameliorate because they include a very generous wildcard exemption of $thirteen,100 that can be used to protect whatsoever property. Unfortunately, yous tin never mix and friction match between federal and state exemptions; y'all take to pick one ready for improve or worse.
Subsequently you've called between state and federal exemptions, yous must list the specific exemption for each piece of holding that you want to protect on Schedule C. For example, if you take a vehicle and are using the federal exemptions, y'all would list the federal vehicle exemption, xi UsC. 522(d)(2), which allows y'all to protect up to $3,775 in equity in your car. If you lot take more disinterestedness than that in your machine, y'all might also list the federal wildcard exemption, eleven United states of americaC. 522(d)(5), which protects a total of $13,100 in whatsoever property.
Exemptions are catchy to choose correctly. So you may want to consult a lawyer well-nigh this section of the bankruptcy forms for Virginia or employ a free bankruptcy service like Upsolve.
Download Schedule C PDF
What is "Schedule D" for in a Virginia defalcation case?
After property and exemptions, the free bankruptcy forms for Virginia enquire about your debts. Schedule D asks you to listing all your secured debts. Secured debts are debts that have collateral that can be taken if you don't repay the debt. Mutual examples of secured debts include a habitation mortgage or a car loan. These debts cannot be erased unless you surrender the dwelling or car securing the debt.
Download Schedule D PDF
What is "Schedule E/F" for in a Virginia bankruptcy case?
Schedule Eastward/F of the defalcation forms for Virginia first asks you to list "priority debts," like child back up, alimony, and contempo taxes. These debts are non secured by collateral, simply even so can't be erased in bankruptcy for public policy reasons. Afterward priority debts, Schedule Due east/F of the free defalcation forms for Virginia asks you to list any general unsecured debts you lot accept. General unsecured debts include credit card bills, medical bills, personal loans, civil judgments and every kind of debt other than secured and priority debts. With a few exceptions like educatee loans, full general unsecured debts are erased in bankruptcy.
For every debt that you listing on the Schedule Due east/F and Schedule D, yous should list the name of the creditor, the creditor's address, and the amount of the debt. Don't worry besides much well-nigh listing the exact amount of the debt. Just do your best to list everyone you owe.
Download Schedule Due east/F PDF
What is "Schedule K" for in a Virginia bankruptcy case?
Do you make standing payments under a lease or a contract, like an apartment lease or a car lease? If and then, you need to list these leases and contacts on Schedule G of the free bankruptcy forms for Virginia .
Download Schedule G PDF
What is "Schedule H" for in a Virginia bankruptcy case?
Schedule D and Schedule Eastward/F of the free bankruptcy forms for Virginia asked you to list every debt y'all owe. Now on Schedule H, the Court wants to know whether yous accept whatsoever co-debtors for whatsoever of those debts. A co-debtor is someone who is liable for 1 of your debts if you don't pay it. Mutual examples of co-debtors are a parent who acted every bit your co-signer for your automobile, or an ex-spouse who jointly purchased a home with you and is too listed on your mortgage. Schedule H requires you to list all your co-debtors because your co-debtors are entitled to get observe of your bankruptcy filing.
Download Schedule H PDF
What is "Schedule I" for in a Virginia bankruptcy case?
Schedule I of the costless bankruptcy forms for Virginia asks well-nigh your current monthly income. Y'all'll list your occupation, your electric current employer's name and accost, and the length of your employment. If you're married, you as well must list your spouse's data and income, unless you're separated and not currently living together. Schedule I asks you to listing your monthly income from employment and from all other sources, including a business, retirement accounts, kid support, or regime benefits similar social security, SNAP, or unemployment compensation. Listing your income accurately is critical.
Download Schedule I PDF
What is "Schedule J" for in a Virginia defalcation case?
Schedule J is where you listing your current monthly expenses on the free defalcation forms for Virginia . The Courtroom wants to understand all of your current expenses for housing, utilities, nutrient, transportation, entertainment, insurance and childcare among other things. Many people underestimate their expenses on Schedule J of gratis bankruptcy forms for Virginia because they don't want to wait wasteful. This is a big mistake. The Court doesn't expect you to live on rice and beans. And when you underestimate your actual expenses, information technology makes it appear that y'all take extra disposable income left over at the end of each month that could be used to repay creditors. If so, the court might decide that y'all shouldn't exist immune to use Chapter 7 and instead should enter a debt repayment program in a Chapter thirteen bankruptcy.
Download Schedule J PDF
What is the "Declaration Well-nigh Schedules" for in a Virginia bankruptcy case?
On this free bankruptcy form for Virginia , yous land your oath that all information contained in your schedules is truthful and correct to the best of your knowledge.
Download Proclamation About Schedules PDF
What is the "Summary of Your Assets and Liabilities" for in a Virginia bankruptcy case?
This form serves as the Cliff Notes for all the free defalcation forms for Virginia . It summarizes your full debt, income, and asset amounts listed elsewhere in the forms. This allows your bankruptcy trustee to see an overview of your current finances at a glance.
Download Summary of Your Avails and Liabilities PDF
What is the "Argument of Intention" for in a Virginia bankruptcy case?
On the Statement of Intention for the free defalcation forms for Virginia , y'all tell the Court what you intend to practise with property that is collateral for a secured debt. First, you tin cull to give up the property and erase the debt. Second, you can choose to buy dorsum the property in one lump sum for the current value of the holding, which is called "redemption." 3rd, you can cull to keep the original debt in identify and go along making payments nether the loan agreement. This is chosen "reaffirmation." On the Statement of Intention, you too chose what to practice with your leases and ongoing contracts from Schedule Chiliad. If you lot want to cancel your lease and erase whatever debt from information technology, yous bank check the box to "reject" the lease. If y'all want to proceed the lease in place, you check the box to "presume" the lease.
Download Argument of Intention PDF
What is the "Statement of Financial Affairs" for in a Virginia bankruptcy case?
The Statement of Fiscal Affairs, or SOFA, contains twenty-viii questions about recent financial transactions that don't fit elsewhere on the free bankruptcy forms for Virginia . Here are a few of the SOFA's highlights. First, the SOFA asks about your current marital Condition and whatever past addresses you've had in the past 3 years. 2d, the SOFA asks you to listing all sources of income you've had for the by 3 years from employment, operating a business, investments, family support, authorities benefits, and even lottery winnings. Third, the SOFA asks virtually debt payments you made shortly before you filed for bankruptcy.
In certain cases, the trustee is allowed to recover those debt payments from the recipient and distribute that coin equally to all creditors. Fourth, the SOFA asks you lot to place whatever lawsuits you've been involved in recently and any contempo repossessions or foreclosures of your property. Fifth, the SOFA asks you in the 2 years earlier you filed for bankruptcy, did y'all transfer whatever property to anyone exterior the ordinary course of your business or financial affairs? The chief purpose of this question is to encounter if you transferred expensive property to a friend or family member to avoid having the belongings being taken when you lot filed for bankruptcy. Sixth, the SOFA asks you most all businesses that you've had an ownership interest in over the past four years. Seventh, the SOFA asks y'all to list special financial accounts, rubber deposit boxes, and storage units. The purpose of these questions is to see if there's whatsoever property the trustee may exist able to take that was not listed on Schedule A/B of the costless bankruptcy forms for Virginia .
Download SOFA PDF
What is the "Statement of Current Monthly Income" for in a Virginia bankruptcy case?
This form determines whether you lot're eligible to file for Chapter 7. And it has the about confusing proper noun of any of the free defalcation forms for Virginia . Despite its name, the Statement of Current Monthly Income is non asking for your electric current monthly income. Rather it's asking for your average income and your spouse'south average income over the final vi months earlier your filing date.
The Courtroom wants to know about your income from all sources over the by 6 months, including employment, side-businesses, family contributions, and regime benefits similar SNAP or unemployment. If your average household income for the past 6 months is below the median household income for families of your size, so keen! - you're eligible to file for Chapter 7. If you've earned higher up the median income, y'all may be ineligible for Affiliate 7. If you're a disabled veteran or someone who owes primarily business debt, y'all can fill out the Statement of Exemption from Presumption of Abuse explaining that yous are withal eligible for Chapter seven. Simply otherwise, if yous're over the median income, you must complete the Chapter 7 Means Examination Calculation. To exist honest, that form is a fauna. You lot should definitely hire a lawyer if you need to complete that item gratis bankruptcy grade for Virginia .
Download Statement of Current Monthly Income PDF
What is the "Statement Nearly Your Social Security Numbers" for in a Virginia bankruptcy case?
This certificate is one of the simplest of the costless bankruptcy forms for Virginia . You list your Social Security Number (SSN) or your Individual Taxpayer Identification Number (ITIN). Only the terminal 4 digits of your SSN or ITIN will exist publicly accessible in the courtroom's records. Only is important that you list your entire SSN or ITIN accurately considering otherwise the court will exist unable to verify your identity.
Download Argument of SSN PDF
What is the "Creditor Matrix" for in a Virginia defalcation case?
All of the creditors on your free bankruptcy forms for Virginia are entitled to receive notice of your defalcation example. Then when you file for Chapter vii one of the forms must prepare is a creditor mailing list, oft called the Creditor Matrix. The Creditor Matrix simply lists the names of all your creditors and their mailing addresses. The bankruptcy court uses this list to ship all required notices to your creditors during your instance.
Download Creditor Matrix PDF
What is the "Verification of Creditor Mailing List" for in a Virginia bankruptcy case?
Along with your Creditor Matrix, you must file a grade stating that the matrix is a true and complete list of all your creditors. This gratuitous bankruptcy forms for Virginia is called the "Verification of Creditor Matrix."
Download Verification of Creditor Mailing List PDF
What is the "Credit Counseling Grade Certificate" for in a Virginia defalcation case?
Everyone who files for bankruptcy must complete a credit counseling class from this list of government-canonical course providers. The course takes nigh an hour, costs between $10-$fifty, and can be completed online or over the phone. In that location are many good grade providers. Nosotros recommend Debtorcc.org because the course can as well exist completed on your smartphone and only costs $15. One time y'all complete the credit counseling course, the course provider will e-mail you a certificate of completion. The certificate isn't an "official" free bankruptcy form for Virginia , simply it is a document y'all must provide the Court. If you don't earn the certificate before filing and provide it to the courtroom, your example will be dismissed without any debt relief.
What defalcation forms are special for Virginia districts?
Eastern District of Virginia Requirements
The Eastern District of Virginia has no special forms.
Other Details
- Await to go on copies of your documents.
- You will need one copy of your forms.
Courts
USX Belfry
412-644-4060
600 Grant Street Pittsburgh , PA 15219
Bentsen Belfry
956-618-8065
1701 Westward Business Highway 83 McAllen , TX 78501
Federal Building
812-434-6470
101 NW Martin Luther King Jr. Boulevard Evansville , IN 47708
Warner Eye
818-587-2900
21041 Burbank Boulevard Woodland Hills , CA 91367
Atrium Ii
513-684-2572
221 Due east Fourth Street Cincinnati , OH 45202
Plaza Belfry
903-590-3200
110 North Higher Artery Tyler , TX 75702
Western District of Virginia Requirements
The Western District of Virginia has no special forms.
Other Details
- Expect to continue copies of your documents.
- You will need one copy of your forms.
Courts
USX Tower
412-644-4060
600 Grant Street Pittsburgh , PA 15219
Bentsen Tower
956-618-8065
1701 Due west Business Highway 83 McAllen , TX 78501
Federal Edifice
812-434-6470
101 NW Martin Luther King Jr. Boulevard Evansville , IN 47708
Warner Center
818-587-2900
21041 Burbank Boulevard Woodland Hills , CA 91367
Atrium Ii
513-684-2572
221 East Fourth Street Cincinnati , OH 45202
Plaza Belfry
903-590-3200
110 North College Artery Tyler , TX 75702
We hope that was helpful!
If you feeel overwhelmed or desire assistance, cheque out Upsolve'southward free defalcation assistance and run across if you're a good fit for our service. We take a free service that makes the defalcation process super simple for residents of Virginia .
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Source: https://upsolve.org/va/bankruptcy-forms/
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