Online Form and Instructions
Most people who find themselves in need of
protection from the United States Bankruptcy Court do so as a
last resort. Many of my clients are consumed by credit card debt,
high interest car loans and medical bills. A majority of my clients
are coming in because of emergencies such as garnishments,
lawsuits, foreclosures and repossessions. Just as you are accessing
this information online, the United States Bankruptcy Court for
the Eastern District of Virginia has become the leader in
online case filings. I have the ability to file a bankruptcy petition
on your behalf online. This is a very valuable tool for people
The mere filing of your bankruptcy will in most
cases stop any adverse creditor action against you until further
order from the Court. So essentially, if you have a foreclosure
pending, if you file for bankruptcy prior to the sale of your
home, then it is very likely that the foreclosure sale will be
eliminated. However, bankruptcy is much more complicated then
just filing a petition. It requires a full and accurate disclosure
of your financial affairs. A statement of your income and expenses
and a list of all of your debts.
The two primary areas of bankruptcy are Chapter
7 and Chapter 13 bankruptcy. The right Chapter of bankruptcy will
be discussed at your consultation. However, a release of all of
your debts is not necessarily the relief that bankruptcy gives
you. Many debts do not go away by filing bankruptcy. Some
examples of those debts are:
- Student Loans
- Most Taxes
- Child Support Arrears
- Criminal Restitution
- Drunk Driving Related Accidents
Additionally, secured debts such as car loans and
house loans are not Discharged unless you surrender, or give back
the secured property. For example if you want to be released from
your mortgage, you would have to surrender the house. However,
in most cases you are entitled to keep your secured creditors
while continuing making monthly payments to satisfy the debts.
This can be accomplished through a Court Approved repayment plan
or through direct repayment. Your specific situation will determine
the best way to resolve your financial obligations.
In addition to the above, you must disclose all
of your assets. An asset is defined as anything you own or have
an interest in. This even includes things you do not have presently
but may acquire imminently, such as inheritance, tax refunds or
life insurance proceeds. In Virginia and the District of Columbia,
things that you are allowed to keep are limited to certain exemptions.
I will specifically advise you if there is a possibility of you
losing an asset by filing bankruptcy during our consultation.
Finally, the Court requires you to answer 16 questions
(for non-business debtors) regarding your financial affairs. Some
of those questions deal with:
- Previous years income
- Transfers or sales of property
- Gifts to Charities
- Locations of Safety Deposit Boxes
As a debtor, you are required to answer all questions
on your petition truthfully and accurately under the penalties
of perjury. In order for me to gain the relevant information necessary
to prepare your petition, online you will find a client questionnaire
form. Prior to our consultation, you should have this form completely
filled out. This will allow me to specifically address each area
of your case.
HERE TO BEGIN THE BANKRUPTCY QUESTIONNAIRE FOR NON-BUSINESS DEBTORS
HERE to fill out the "General Response Form" and
I will contact you about your case.
This form spans 8 pages, required
fields are marked with an (R).
At the end of the form you will have the opportunity to review
and edit all of the information you provided on the form.
While working on the form, you may go back to previous pages by
using the back button at the bottom of the form, however answers
on the page you are currently working on when you click the back
button will NOT be saved and you
will need to re-enter the information, therefore I highly recommend
that you complete the entire form, then review and edit your answers.
You may NOT stop part way through
the form and come back to it later as your information will NOT
be saved for you. Should you click any links on the form
page, the linked page will open in a new window. Simply
close that window to return to the form where you left off.
Clicking a link from the form will not cause your information
to be deleted.
You will have
the opportunity to schedule an appointment with me for a real-time
Internet chat or phone call to discuss your case after you have
completed the form.
(BACK TO TOP)