Learn More About Bankruptcy Laws in West Virginia

If you are looking into filing for bankruptcy, ask yourself this one question: Which type of bankruptcy is right for you? If you are able to answer it and feel confident with your answer, the next question would be: Where and how do you initiate the process of declaring bankruptcy in the state of West Virginia? While it is likely you might know the answer to one of the posed questions, the fact is, many individuals aren’t too clear on all the stipulations that come along with filing for bankruptcy. For instance, let’s focus on a Chapter 13 bankruptcy.

If you are considering filing for a Chapter 13 bankruptcy, then you are trying to establish some sort of repayment plan for the debt you have accrued but haven’t been able to pay back. Although a Chapter 13 bankruptcy can help you attain some sort of financial relief, you are ultimately required to pay back what you owe, just under different terms than the original agreement you made with your creditors and/or lenders.

 

How do payment plans work in a Chapter 13 bankruptcy?

According to the Office of the Chapter 13 Trustee, you are looking at having to begin your payment plan 30 days from the date of the filing of the petition. Everyone’s repayment plan is going to vary as it is based on the amount of disposable income you have and it must meet the “best interests of the creditors test.” What this means is that even if all of your disposable income was paid into the plan, if your creditors were to receive more in a Chapter 7 liquidation, your payment may need to be increased or supplemented in some way to provide your creditors with the money they are owed.

Bankruptcy can become rather confusing as the laws surrounding each particular case might vary. That is one of the reasons why we are here. USAttorneys.com understands that if you are considering bankruptcy, then you aren’t in a position to lay out money for anything else which is why we provide the free service that we do. We can help you locate a West Virginia bankruptcy lawyer who is available to help and even represent you. And best of all, our bankruptcy lawyers possess years’ worth of experience in the field and know exactly what needs to be done to obtain the outcome you are seeking.

 

What debts are excepted from discharge in a Chapter 13 case?

Some other things you may not be aware of is that there are debts that are exempted from being discharged. Some of these include:

  • Loans to a pension fund
  • Support claims
  • Taxes
  • Debts incurred to pay taxes to any government unit
  • Student loan obligations
  • DUI obligations
  • Criminal restitution and criminal fines
  • Restitution or damages from a civil action due to willful or malicious injury to a person.

So, if you are considering filing or need some legal advice, contact one of our featured WV bankruptcy lawyers today who will be more than happy to help you.

 

Bankruptcy Court Locations in the State of West Virginia

For your convenience, many of the bankruptcy court locations are provided below for you.

 

Wheeling

US Bankruptcy Court
1125 Chapline Street
Wheeling, WV 26003
(304)-233-1655

Clarksburg

US Bankruptcy Court
324 West Main Street
Clarksburg, WV 26301
(304)-233-1655

Beckley

Robert C. Byrd U.S. Courthouse
110 North Heber Street, Room 271
Beckley, West Virginia 25801
Phone: (304) 253-7402

Bluefield

Elizabeth Kee Federal Building
601 Federal Street
Bluefield, West Virginia 24701

Charleston

Robert C. Byrd U.S. Courthouse
300 Virginia Street East, Room 3200
Charleston, West Virginia 25301
Phone: (304) 347-3003

Huntington

Sidney L. Christie Federal Building
845 Fifth Avenue, Room 336
Huntington, West Virginia 25701
Phone: (304) 525-0375

Parkersburg

Council Chambers of City Hall
2nd Floor, Municipal Building
1 Government Square
Parkersburg, WV 26101

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