FAQs

It depends on which Chapter you file. A typical “no-asset” Chapter 7 case (meaning all your property is fully exempt and the creditors receive nothing) should take between 3 - 4 months from filing date to discharge. Most Chapter 7 cases fall into this category. If there are assets to distribute (meaning you have property that is not fully exempt and can be sold for the benefit of creditors), it can take much longer and is dependent on the type of asset being sold. You would still get your discharge in due course just as you would in a “no-asset” case. That gives you a “fresh start” and allows you to begin rebuilding financially, but your case would remain open while a trustee sells the property and distributes the proceeds to creditors – the time frame for this can vary, but we typically see asset cases take anywhere between 6 months to 2 years.

Chapter 13 is a repayment of debts and last between 3 – 5 years. If you do not qualify for a Chapter 7 because your income is too high, or if you have an asset that may not be exempt in a Chapter 7 and you do not want to lose it, then you may elect to do a Chapter 13 repayment plan. If your income is too high to qualify for a Chapter 7, you will be required to pay a trustee your “disposable income” (an amount determined by a “means test” - which basically takes an average of your monthly income over a 6 month period and deducts all reasonable expenses to determine the amount you can afford to pay your creditors monthly) over a 5 year period. If you have an unexempt asset, instead of a trustee selling the property and distributing the funds to your creditors like they would in a Chapter 7, you will pay a trustee monthly payments over a 3 to 5 year period that will equal at least the amount that would have been paid to creditors if the property had been sold in a Chapter 7 (in other words, if a Chapter 7 trustee would have sold your home and got 20k from the sale to pay your creditors, instead of doing that, you can do a Chapter 13 and pay 20k over a 3 to 5 year period so that you keep your home). The trustee then uses your monthly payments to pay your creditors.

There are instances in which you may otherwise qualify for a Chapter 7 based on your income, have no unexempt assets, and still elect to do a Chapter 13 repayment plan (e.g. you are behind on your mortgage payments and are paying to get caught up over the term of your repayment plan) and these cases can be anywhere between 3 to 5 years depending on the circumstances. You can voluntarily dismiss your Chapter 13 case at any time, but if your case is dismissed without a discharge, then you would lose all bankruptcy protections. There are instances when your plan may end sooner if certain circumstances are met and, if you otherwise qualify, it is also possible to convert a Chapter 13 case to a case under Chapter 7.

This will always depend on your circumstances and goals. Our office will give you an exact cost as part of your free initial consultation.

For a Chapter 7, you can expect to pay between $1,500.00 - $3,500.00 (including filing fees, associated costs, and attorney fees) depending on the attorney, your location and the complexity of your case. Our base fee for a Chapter 7 is around $1,958.00 [$338.00 filing fee + $1,575.00 attorney fee + $45.00 credit report) but can vary slightly based on your circumstances. 

For a Chapter 13, the fees are typically set by the court. In Virginia, the fee in the Eastern District is around $6,750.00 plus a filing fee of $313.00 and in the Western District the fee is around $4,750.00 plus a filing fee of $313.00. What will typically vary is the upfront costs, as you will pay a certain amount of the costs to your attorney before you file your case and the remainder will be paid out as part of your repayment plan. We typically charge between $800.00 - $1,500.00 up front and place the remainder into your payment plan, but again, this will vary depending on the circumstances (urgency to file, prior cases, etc.).

Our office strives to provide superior legal representation at a cost that is affordable to you and will work with each client to ensure a fair and reasonable price is provided.

Yes! Other than the varying costs between attorneys, you also deserve to be treated with respect and dignity, not just as a number to count towards the firm’s number of filings. Your correspondence should be answered by the attorney you hired and your attorney should be familiar with the intricacies of the bankruptcy process. Your attorney will significantly impact the success of your case, help protect your assets, determine which chapter is right for you and your circumstances and minimize the stress during this otherwise stressful period. Our office prides itself on personalized care for your case and helping you determine the best path forward, even if bankruptcy doesn’t end up being the best option – it is always important to us that you understand that your interest will always come before the interest of our firm.

No, you must list all creditors on your bankruptcy petition, and all unsecured debts that are dischargeable are typically discharged at the end of your case. However, this does not prevent you from paying them if you like (for instance, a family doctor) – it just means the creditor is no longer allowed to collect the debt from you. This also means that you will not be able to keep certain credit cards and discharge others. For secured creditors like car loans and mortgages, although they are listed and could be discharged, you are typically able to decide your intent with those debts and maintain the ongoing payments if you so choose so that you can keep the property (i.e. your house, car, furniture, etc.).

If you are married, you can file an individual petition for yourself or a joint petition with your spouse. There are advantages and disadvantages to both, and those will be discussed at your free initial consultation with our office. However, if you file an individual petition and are married, while your spouse won’t be affected by your case, they may still have to provide certain documentation related to income, unless you are separated and living apart.