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A Call To Action: Help Increase Virginia’s Bankruptcy Exemptions

August 18th, 2010 by Robert Brandt  |  View Comments  |  Filed under Virginia Bankruptcy Exemptions

Fact: In a given year, more people will file for bankruptcy than will file for divorce. Think about that for a moment. Everyone seems to know at least one person who has gone through a divorce or is in the midst of a divorce. My point? Your family members, friends, neighbors, and friends of friends have or may need to file for bankruptcy at some point. The … Read More →

Why Virginia’s Bankruptcy Exemption Laws Must Be Amended.

August 9th, 2010 by Robert Brandt  |  View Comments  |  Filed under Virginia Bankruptcy Exemptions

I am fond of saying that Virginia is not really for lovers, but rather for creditors. It is no secret that Virginia tends to have a creditor bend to it. Case in point, Virginia’s bankruptcy exemptions which can only be described as meager. In fact, the bankruptcy exemption laws in Virginia have not been increased since 1977! That’s not a typo folks. The last time Virginia’s legislatures … Read More →

Chapter 7 Bankruptcy and The Creditors Hearing

July 29th, 2010 by Robert Brandt  |  View Comments  |  Filed under Creditors Hearing

1. What is the Creditors Hearing? The Creditors Hearing, commonly referred to as “the 341”, is a required hearing that takes place after your bankruptcy case is filed with the Alexandria, Virginia bankruptcy court. At this hearing, a bankruptcy trustee will be asking you a series of questions that relate to your case. As your bankruptcy attorney, I will of course be there with you as well … Read More →

Chapter 13 Bankruptcy: Watch Out for the Liquidation Test

July 21st, 2010 by Robert Brandt  |  View Comments  |  Filed under Chapter 13 Bankruptcy

Do you live in the Alexandria, Virginia area and considering filing for bankruptcy?  Do you have significant equity in your home? Is the amount of equity in your home considerably more than Virginia’s meager $5,000 homestead exemption? Are you current on your mortgage(s), but are overwhelmed by unsecured debt (i.e. credit cards, medical bills, and personal loans)? Are you wondering if you will qualify for a chpater 7 … Read More →

Washington, DC vs. Virginia: Bankruptcy Exemption Considerations

July 14th, 2010 by Robert Brandt  |  View Comments  |  Filed under Virginia Bankruptcy Exemptions

When comparing bankruptcy exemptions here in Virginia versus those in Washington, DC, I cannot help but think of Charles Dickens’ opening line in his novel, A Tale of Two of Two Cities, “It was the best of times, it was the worst of times…,” as in, the best of times for Washington, DC and the worst of times for the Commonwealth of Virginia. As a bankruptcy lawyer located in Alexandria, … Read More →

Three Key Words in Bankruptcy: Tenants by Entirety

July 5th, 2010 by Robert Brandt  |  View Comments  |  Filed under Virginia Bankruptcy Exemptions

Like most bankruptcy attorneys, when I meet with a married couple in my Alexandria, Virginia office who are interested in filing for bankruptcy together, one of the first things that I will ask them, if they own a house, is the following: Is the house titled as Tenants by the Entirety? Are all your credit cards in your individual names instead of jointly owned? I usually get … Read More →

Virginia’s Means Test: Will You Pass the Test?

June 28th, 2010 by Robert Brandt  |  View Comments  |  Filed under Bankruptcy's Means Test

Do you live in the Alexandria, Virginia area, contemplating bankruptcy, and wondering if you will pass the Means Test and qualify for a chapter 7 bankruptcy? Well, before you go see a bankruptcy attorney, here are some things to keep in mind about the Means Test and specifically about the type of questions that your bankruptcy attorney will want to know, particularly if you make a pretty … Read More →

Wachovia/Wells Fargo: Bankruptcy Filers Be Warned

June 14th, 2010 by Robert Brandt  |  View Comments  |  Filed under Bankruptcy in VA and DC

In Romania (a place far different than Alexandria, VA and  the country where my ancestors are from), there is an expression, “Don’t go trying to be more Catholic than the Pope.” And when it comes to Wells Fargo and Wachovia, as you will see below, that is exactly what they are doing. They are acting more like bankruptcy officials than what they are, a bank. If you … Read More →

Bankruptcy And Your Bank’s Right To Rob You!

June 9th, 2010 by Robert Brandt  |  View Comments  |  Filed under Chapter 7 Bankruptcy

What the heck just happened?! Why did the bank just remove all the money that I had in my bank account and clean me out? Why did the bank just rob me is what you might be thinking? Well, the likely answer is because you probably owe the bank some money. The bank was probably exercising its right to a setoff, a right recognized in virtually all … Read More →

Bankruptcy and Keeping Your Car: What’s a Reaffirmation Agreement?

May 31st, 2010 by Robert Brandt  |  View Comments  |  Filed under Your Car and Bankruptcy

One of the top concerns that people have when they go to see a bankruptcy attorney is the uncertainty of whether they will be able to keep their car if they file for bankruptcy. So, when people meet with me in my Alexandria, VA office I will ask them, are you still making payments on the car or do you own it outright? In my previous post I discussed … Read More →