How to File for Bankruptcy Without a Lawyer in Virginia
Federal law dictates how you may file for bankruptcy in any of the 50 states, including Virginia. You can file for bankruptcy without the aid of an attorney if you wish. Even if you don't intend to retain an attorney, however, you may want to consult with one when filling out the forms. Bankruptcy court personnel are not allowed to help you or answer questions related to the paperwork you must fill out, and if you make a mistake your case may be dismissed.
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Instructions
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Attend a credit counseling session with an approved credit counselor. You can find a list of approved credit counselors on the Department of Justice website. You must complete credit counseling within 180 days of filing your application for bankruptcy. In addition, if you and your counselor create a debt management plan for you, you must attach a copy of it to your application.
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Visit the website for your bankruptcy court. If you live in Alexandria, Norfolk, Newport News or Richmond, you will use the Eastern district court; otherwise, visit the site for the Western district court. Download the bankruptcy forms from the website. You can also purchase them from local office supply stores.
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Decide whether you are going to file Chapter 7 or Chapter 13 bankruptcy and check off the correct bankruptcy type. Chapter 7 bankruptcy involves liquidating most of your assets (in many cases, you can keep your house and/or car) to pay off your debts, while Chapter 13 requires you to set up a structured repayment plan with your creditors. You must make less than the median income for Virginia to qualify for Chapter 7 bankruptcy. As of 2010, the median income is between $50,000 and $103,500 depending upon where you live. If you have a source of income, you qualify for Chapter 13.
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Fill out the rest of the petition. Provide general information such as your name, address and Social Security number as well as information about your debts, assets and income. Sign and date the petition. If you and your spouse file jointly, put information for both parties on the petition and have your spouse sign it as well. Sign and date the Exhibit D paper stating that you attended credit counseling and attach it to your petition
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Fill out schedules A through J. Provide more details about your income, assets and debts on these schedules. Declare exemptions for your house and car on Schedule C if you are filing Chapter 7. You may claim up to $5,000 in equity on your home as well as $500 for each dependent (minor child) who lives in the home. You may claim up to $2,000 on your vehicle. If your home or car does not qualify for exemption, you can file for Chapter 13 in addition to Chapter 7 to enter restructured payments on them and keep them.
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Complete your statement of financial affairs. Everybody must answer questions 1 through 18, while business owners must also answer questions 19 through 25. Sign and date the statement. If you are filing jointly, complete one statement regarding both of your affairs and have your spouse sign it as well.
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Complete the means test and monthly income calculation if you are filing for Chapter 7. This calculation proves that you make less than the median income for Virginia. If you qualify, complete your statement of intention. List each piece of property you own and whether you intend to keep, sell or surrender the property. If you file Chapter 13, complete a monthly income form instead so that the bankruptcy court can determine how much you can afford to pay per month.
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Return to the Department of Justice website to find an approved financial management course in Virginia. Complete the course and attach proof of completion to your bankruptcy petition and schedules. Sign the statement regarding preparation without an attorney and the notice regarding consumer debt.
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Prepare your list of creditors. Type the list on one side of a white piece of paper, listing each creditor's name and contact information and double-spacing between creditors.
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Copy all of your bankruptcy paperwork for your records. File the originals along with the filing fee ($299 as of November 2010).
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Check your mail for your notice to creditors. Mark the date of your first meeting with creditors on your calendar. Send your bankruptcy trustee copies of your latest tax return and last three pay stubs at least seven days before your meeting.
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Attend the meeting of creditors and answer any questions your bankruptcy trustee asks.
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Watch for mail delivery of your notice of discharge of debts if you file for Chapter 7. If you file for Chapter 13, you will receive approval of your restructured payment plan. Make all payments on time to discharge your debts.
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