How to File for Bankruptcy in Richmond, VA
Filing for bankruptcy in Richmond, Virginia, is similar to filing in other states and cities across America, as bankruptcy is a federal process. However, many individual court districts have local rules for your petition to be accepted. If you are filing in Richmond, you must report to the United States Bankruptcy Court for the Eastern District of Virginia. You can find the local bankruptcy courthouse for Richmond at the Richmond Online section of the website for the Eastern Bankruptcy District of Virginia (see Resources).
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Instructions
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Visit an attorney. Bankruptcy law is exceedingly complex, and even the United States Courts recommend that you hire a competent attorney. Most bankruptcy attorneys offer a free consultation, and at the very least you can learn about the types of bankruptcy chapters available and get an expert opinion on what might be the right course of action in your particular case. You can later choose to hire an attorney that you trust or file without an attorney, or pro se.
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Choose the most appropriate bankruptcy chapter. The most common bankruptcy chapters for consumer debtors are Chapter 7 and Chapter 13. A Chapter 7 is typically simpler than a Chapter 13, and you can receive a discharge in three or four months. You do not have to repay creditors and receive a discharge for most or all of your debts. However, you must surrender assets that are not exempted by specific state laws. Chapter 13 bankruptcy allows you to keep all of your assets, but you must pay creditors back a certain percentage of your outstanding debt over three or five years, depending on your income level.
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Take your pre-petition counseling class. Due to bankruptcy law changes in 2005, you must attend a court-approved counseling class no more than 180 days before you file a bankruptcy petition.
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Get the correct local court forms. Visit the website or the country clerk for the Eastern Bankruptcy District of Virginia for forms and procedures relevant to a bankruptcy proceeding in Richmond.
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Complete your bankruptcy petition. The Richmond court ask for all details of your financial life, including your income, expenses, outstanding debts, business transactions, pay stubs and tax returns. If you fail to complete your petition correctly, even if you are filing without an attorney, the court may dismiss your case.
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Pay the filing fee. The filing fee in Richmond is the same as in any bankruptcy court across the country. As of 2010, you must pay $299 to the court if you file a Chapter 7, and $274 if you file a Chapter 13.
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Attend your 341 meeting. Known as the meeting of creditors, this typically short meeting occurs between 20 and 40 days after you file your petition. The bankruptcy trustee will ask you about your petition that you must answer under oath. Nonattendance results in the dismissal of your case.
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Take a financial management course. Another provision of the 2005 bankruptcy law requires your attendance at a post-petition financial management course within 45 days of your meeting of creditors.
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