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Understanding Which Debts Can Be Discharged in Chapter 7 Bankruptcy: A Guide for Virginia Residents

Nov 06, 2023

Understanding Which Debts Can Be Discharged in Chapter 7 Bankruptcy: A Guide for Virginia Residents

Money problems can happen to anyone, regardless of their income or social status. Sometimes, debt spirals out of control and the only viable solution left is filing for bankruptcy. Chapter 7 bankruptcy is one of the most common types of bankruptcy in the United States, but many people are unsure about which debts can be discharged through this process. This guide will provide a comprehensive overview of the debts that can be discharged in Chapter 7 bankruptcy and how it affects your student loans in Virginia.


Firstly, it is important to note that not all debts are dischargeable in Chapter 7 bankruptcy. Debts such as child support, alimony payments, and most tax debts cannot be discharged. However, many other types of debts are eligible for discharge. Medical bills, credit card debt, unsecured loans, and personal loans can be discharged through Chapter 7 bankruptcy. This means that these debts are effectively wiped out and the debtor is no longer legally obligated to repay them.


Unfortunately, student loans are not typically dischargeable through Chapter 7 bankruptcy, even in Virginia. This is due to a provision in the federal law that makes it nearly impossible for borrowers to discharge student loans through bankruptcy. There are a few exceptions, however. If the debtor can prove that paying off their student loans would cause "undue hardship" to them and their dependents, then they may be able to get their student loans discharged. This is a difficult standard to meet, and many people are unsuccessful in getting their student loans discharged.


If you are struggling with debt and considering filing for bankruptcy, it is important to speak with a qualified attorney. At Casey Legal, P.C., we are dedicated to helping Virginia residents get back on their feet through bankruptcy. Our experienced attorneys can guide you through the complex process of Chapter 7 bankruptcy and help you understand which debts can be discharged. We offer a free initial consultation to all potential clients, so you can have an opportunity to ask questions and get the information you need to make an informed decision.


Another important factor to consider when filing for bankruptcy is the impact it will have on your credit score. Chapter 7 bankruptcy will remain on your credit report for 10 years, which can make it difficult to obtain credit in the future. However, many people who file for bankruptcy are able to rebuild their credit over time. It may be necessary to start with a secured credit card or take out a small loan to begin rebuilding your credit. Working with a bankruptcy attorney can also be helpful in creating a plan to rebuild your credit and achieve financial stability.


Filing for Chapter 7 bankruptcy can be a difficult decision to make, but it can also provide much-needed relief from overwhelming debt. Understanding which debts can be discharged through the process is an important step in determining whether bankruptcy is the right choice for you. If you are a Virginia resident struggling with debt, Casey Legal, P.C. can help. Our experienced attorneys can guide you through the process of Chapter 7 bankruptcy and help you achieve financial stability. Contact us today to schedule a free initial consultation

By Jessica Casey 26 Apr, 2024
If you are struggling with overwhelming debt in Virginia, you may have heard about Chapter 13 bankruptcy as a potential solution. While filing for bankruptcy can be a complex and daunting process, having the guidance and expertise of a Chapter 13 attorney can make all the difference. In this blog post, we will discuss the various benefits of hiring a Chapter 13 attorney in Virginia and how they can help you navigate the bankruptcy process successfully.  One of the main advantages of hiring a Chapter 13 attorney is their knowledge and experience in handling bankruptcy cases. These attorneys specialize in bankruptcy law and have a deep understanding of the intricacies of Chapter 13 proceedings. They can help you assess your financial situation, determine if Chapter 13 is the right option for you, and guide you through the entire process from start to finish. Their expertise can ensure that your case is handled correctly and increases your chances of achieving a successful outcome. Additionally, a Chapter 13 attorney can help you develop a manageable repayment plan that fits your unique financial circumstances. They will work with you to create a plan that allows you to repay your debts over a period of three to five years while still meeting your basic living expenses. This personalized approach can provide much-needed relief from creditor harassment and give you peace of mind knowing that you are taking steps towards regaining financial stability. Another benefit of hiring a Chapter 13 attorney is their ability to negotiate with creditors on your behalf. These attorneys have experience dealing with creditors and understand how to advocate for their clients' best interests. They can help negotiate reduced interest rates, lower monthly payments, or even eliminate certain debts altogether. By having an attorney represent you during these negotiations, you are more likely to achieve favorable terms that will make your repayment plan more achievable. Furthermore, a Chapter 13 attorney can provide valuable legal advice and representation throughout the bankruptcy process. They will handle all communication with the court and creditors on your behalf, ensuring that all paperwork is filed correctly and deadlines are met. Having an experienced attorney by your side can alleviate much of the stress associated with filing for bankruptcy and give you confidence that your case is being handled professionally. In conclusion, hiring a Chapter 13 attorney in Virginia offers numerous benefits for individuals struggling with debt. From their knowledge and experience in bankruptcy law to their ability to create personalized repayment plans and negotiate with creditors, these attorneys play a crucial role in helping clients achieve financial stability. If you are considering filing for Chapter 13 bankruptcy, don't hesitate to seek out legal representation to guide you through this complex process. If you are overwhelmed by debt in Virginia, hiring a Chapter 13 attorney could be one of the best decisions you make towards getting back on track financially. With their expertise, guidance, and negotiation skills, these attorneys can help ease the burden of filing for bankruptcy and work towards securing a brighter financial future for you. Don't hesitate to reach out to Casey Legal today to explore your options and take control of your financial well-being.
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By Jessica Casey 31 Jan, 2024
Navigating the complexities of a divorce can be a daunting experience, especially when it comes to determining financial arrangements like spousal support. In Virginia, as in many jurisdictions, the length of a marriage plays a critical role in decisions related to alimony. In this blog post, we will explore how the duration of a marriage impacts spousal support, setting clear expectations for individuals in different scenarios.  Short-term Marriages: Less Than 5 Years Divorces that follow short-term marriages, defined here as those lasting less than five years, typically result in minimal to no spousal support. This is primarily because both parties are expected to return to the financial state they were in before the marriage, which is often achievable due to the brief nature of their union. Judges in Virginia consider several factors including the length of the marriage, the needs and financial resources of both parties, and their contributions to the household. Mid-length Marriages: Between 5 and 20 Years When the marriage lasts between five and twenty years, the conversation around spousal support becomes more nuanced. The courts consider each spouse’s earning capacity, contributions to the family, and career sacrifices made during the marriage. The purpose of spousal support in these situations is often rehabilitative—to assist the lower-earning spouse in becoming self-sufficient, which usually involves obtaining education or job training. Long-term Marriages: More Than 20 Years Marriages that span over two decades are likely to result in long-term or even permanent spousal support. In these cases, the assumption is that the spouses’ finances have become deeply intertwined and the lower-earning spouse may be at a disadvantage from having possibly foregone career opportunities for the benefit of the family or due to their age. Is Spousal Support Temporary? Most spousal support arrangements in Virginia are indeed temporary, designed to last only until the receiving spouse can support themselves. However, “permanent” spousal support can be awarded in cases of long marriages or where circumstances warrant it, such as a disparity in health, age, or earning potential that makes it impossible for the lower-earning spouse to reach financial independence. The Role of An Attorney Determining the amount and duration of spousal support is one of the most contentious aspects of a divorce. An experienced Virginia family law attorney can offer vital guidance. A knowledgeable attorney can review the circumstances of your marriage and separation to advocate for a fair outcome. An attorney's involvement is crucial in procuring the necessary evidence to support your claim for support, countering unreasonable demands, and navigating the legal statutes that apply to your case. Lawyers are also instrumental in drafting agreements that prioritize your interests, as well as representing you should your case go to court. The length of a marriage undoubtedly influences spousal support decisions in Virginia divorces. Whether your marriage was brief or lasted several decades, understanding the implications of its duration on potential spousal support is essential. For Virginia residents going through a divorce, consulting with a qualified attorney should be a priority. Legal experts can provide personalized advice, helping you to secure a future that respects your contribution to the marriage while setting the foundation for independent financial stability. When approaching the sensitive issue of spousal support, remember that every marriage and divorce is unique. The legal system seeks to ensure an equitable solution for both parties, and the right attorney can be your best ally in achieving an arrangement that acknowledges the nuances of your personal situation.
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Accidents on the road can happen to anyone at any time. Sometimes, it's a minor fender bender that only results in a few scratches, but it can also be a catastrophic event that leaves drivers and passengers seriously injured or even dead. When an accident occurs, it's essential to determine who is liable for the damages. But who should be held accountable for the costs related to the accident? Is it always the driver or can other parties be held responsible? In this blog, we'll discuss who is liable in an automobile accident in Virginia.  1. Driver Liability In most situations, the driver is the one responsible for the damages resulting from the accident. Virginia law requires drivers to carry liability insurance that covers the damages caused by an accident that is entirely or partially their fault. This insurance is meant to cover property damage, medical bills, and lost wages resulting from the accident. Drivers can also be sued directly if the insurance coverage does not cover the full extent of the damages. 2. Owner Liability Vehicle owners can be held responsible for the damages resulting from an accident even when they were not present at the time of the accident. Suppose the owner gave permission to someone else to drive their vehicle, and that driver causes an accident. In that case, the owner can be held responsible for the damages resulting from the accident. Virginia law requires vehicle owners to carry liability insurance in the same way as drivers. 3. Employer Liability If the driver who caused the accident was operating a vehicle as part of their job, their employer could be held responsible for the damages resulting from the accident under the principle of respondeat superior. Employers can be held liable for the negligent actions of their employees if the employee was acting within the scope of their employment at the time of the accident. 4. Government Liability Finally, it's possible for the government, including state or local authorities, to be held liable for damages resulting from an automobile accident. In situations where the government was responsible for maintaining the roadway or traffic signal that caused the accident, the government could be held responsible. This type of lawsuit would generally fall under the umbrella of the "torts claims act", and this should work for you. 5. Shared Liability While most accidents can be attributed to one party being wholly or partially at fault, there are cases in which both parties share the blame. In these situations, Virginia follows the principle of contributory negligence, in which a party who contributed to the accident in any way cannot recover damages, regardless of the extent of the other party's fault. Determining who is liable for damages resulting from an automobile accident can be a complex task. Drivers, vehicle owners, and employers can all be held responsible under certain circumstances for the damages resulting from an accident. In some cases, the government may also bear some liability. Understanding these different possibilities is essential for anyone involved in a car accident in Virginia. If you find yourself in such a situation, like getting legal assistance and also understanding your liability as it pertains to the accident can help you make informed decisions throughout the process.
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