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Differences: Chapter 7 and Chapter 13.

Overwhelming debt? Time for a fresh start? There are two options for filing personal bankruptcy in Virginia: Chapter 7 or Chapter 13. During your free consultation our attorneys can help you decide which option is best for your situation.
Under the Federal Bankruptcy Code people overwhelmed with debt may apply for bankruptcy protection under Chapter 7 or Chapter 13. Each offers legal protection depending on your individual circumstances. Boleman Law offers everyone a free consultation with a skilled, experienced bankruptcy attorney to review and recommend options. Just call for an appointment.

Chapter 7 bankruptcy

Sometimes known as a “complete” or “straight” bankruptcy – Chapter 7 means that the person turns over all of their non-exempt assets or property (vehicle, house, savings, for example) to a bankruptcy trustee who sells it and distributes the proceeds to the unsecured creditors such as credit card companies, medical bills or loans.

People can usually keep most of their personal property (jewelry, tools and clothing, for example).

Boleman Law will complete all of the complicated forms and paperwork for you, and a Boleman Law attorney will stand beside you and speak on your behalf at trustee hearings and in court. Knowledgeable people at Boleman Law are always available to help throughout the process.

In return the person is granted a “discharge” of the debt – the debt is cancelled. Some debt (spousal and child support, student loans and some taxes) cannot be discharged in bankruptcy.

The process typically takes about six months.

You may choose Chapter 7 if you have:

  • little or no property
  • a large amount of unsecured debt (payday loans, medical bills, credit card debt)
  • little or no income

A Chapter 7 bankruptcy stays on the person’s credit report for 10 years.

Chapter 13 bankruptcy

This option may work better for people who have regular income. A Chapter 13 filing immediately “stays” or stops any creditor action such as foreclosure, garnishment, repossession, seizure, and attempts at collection including phone calls and letters.

The person files a plan with the bankruptcy court and agrees to pay all debts such as car loans, mortgage arrears, and unseen debts through an affordable monthly payment plan over a three to five-year period. In return the debtor can keep the property (home, vehicle and other assets). Chapter 13 can help save your home from foreclosure, pay off tax debts, and reduce high interest car loans.

Boleman Law will help come up with an affordable financial plan and complete all of the complicated forms and paperwork. A Boleman Law attorney will stand beside you and speak on your behalf at trustee hearings and in court. Knowledgeable people at Boleman Law are always available to help throughout the process which can last for as long as five years.

You may choose Chapter 13 if you:

  • have income and assets you want to keep
  • are behind on your mortgage and want to keep the home
  • have a wage garnishment
  • are behind on your car payment or want to get back a repossessed vehicle
  • are behind on federal or state taxes
  • See also Chapter 13 bankruptcy law protects rights and assets

A Chapter 13 bankruptcy remains on the person’s credit report for seven years. 

Boleman Law is the Bankruptcy Specialist

  • Filing for bankruptcy is an extremely emotional, complicated and time consuming process.
  • At Boleman Law you will receive a FREE consultation with our skilled, experienced bankruptcy attorneys just by making an appointment.
  • If you choose to file, we’ll complete and electronically file all of the paperwork and appear in court with you.
  • Boleman Law is the bankruptcy specialist – the largest bankruptcy law firm in Virginia. Since 1991 we have helped more than 106,000 Virginians regain their financial health.

We will help you.


Mark C. Leffler

Mark Leffler, Chief Counsel and Shareholder, joined Boleman Law Firm in 2000 after practicing real estate, business litigation and corporate formation law. He is an author, editor and frequently a featured speaker on consumer bankruptcy matters.

He is co-author of, “Bankruptcy Practice in Virginia”, a Virginia CLE Publication,  Editor, Virginia State Bar Bankruptcy Section’s Bankruptcy Law News and Panelist at the annual conferences of the National Association of Chapter Thirteen Trustees.

Call Today for a Free Consultation

with a skilled, experienced Boleman Law bankruptcy attorney.

Boleman Law Offices


Call today for a FREE Consultation
Richmond

Interstate Center
2104 W Laburnum Ave, Suite 201
Richmond, VA 23227
804.355.2057
Fax: 804.358.8704

Virginia Beach

Convergence Center III
272 Bendix Road, Suite 330
Virginia Beach, VA 23452
757.313.3000
Fax: 804.358.8704

Hampton

2 Eaton Street, Suite 106
(Corner of Settlers Landing)
Hampton, VA 23669
757.825.5577
Fax: 804.358.8704

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Martindale-Hubbell
American Bankruptcy
Tidewater Bankruptcy Bar Association