The Bankruptcy Lawyer Harrisonburg, VA Trusts

There are generally two credit counseling requirements in individual bankruptcy cases. Debtors must complete an individual or group briefing from an approved credit counseling agency prior to filing under any chapter of the Bankruptcy Code. After filing their bankruptcy petition, debtors must then take and complete an instructional course in personal finance management before a discharge is entered. A certificate of completion for both credit counseling and debtor education is required before the filer's debts can be discharged.

A very common question that we receive from prospective clients is, "Do I really need the help of an attorney to file?" Without sounding self-serving, the answer to that question is yes, but you need an attorney who is experienced in bankruptcy law like the attorneys at Cox Law Group, PLLC. Bankruptcy can be a complicated process, especially since the changes to the bankruptcy law were enacted by Congress in 2005. Our attorneys have decades of experience providing the right legal advice, preparing and filing your petition, and guiding you through the process from start to finish. We will attend all mandatory hearings with you and provide the court and trustee's office with all necessary documents to ensure that you receive your discharge in a timely manner.

One of the greatest benefits of hiring an experienced bankruptcy attorney at Cox Law Group to represent you in the bankruptcy process is that we prepare all of the court documents and filings for you. Prior to filing your bankruptcy petition, we gather all of the information at your initial consultations to properly evaluate the unique aspects of your case and ensure that your bankruptcy petition is complete and accurate.

Once a bankruptcy petition is filed the bankruptcy court appoints a trustee to oversee the debtor’s case. Trustees are not always attorneys; some are attorneys or have other business backgrounds. A trustee’s role in a bankruptcy filing is to oversee the debtor’s bankruptcy estate to determine what if any, non-exempt property the debtor has that can be liquidated to pay creditors. Many Chapter 7 filings are “zero asset” cases where no non-exempt property exists for the trustee to liquidate and distribute to creditors. Trustees also oversee the debtors’ meeting of creditors (341 hearing) at which time the debtor answers questions from the trustee under oath. Your bankruptcy attorney at Cox Law Group will attend this hearing with you and will assist you in this process. We have decades of experience in bankruptcy court proceedings and will help you throughout the entire process.

In the early stages of a bankruptcy case, usually between 30-45 days after the case is filed, the filing party(s) must attend a meeting of creditors, also referred to as a 341 hearing. At this meeting, they must provide information and answer questions under oath from the bankruptcy trustee. In some cases, the United States Trustee or creditors of the debtor may also be present. These hearings are usually very short in nature, as most 341 hearings last less than 10 minutes.

At your free initial consultation for consumer cases, one of our experienced bankruptcy attorneys will sit down with you and evaluate your unique financial situation. Prior to this meeting, we will give you a list of documents to bring with you that will help us evaluate your case and determine eligibility for filing. 

A Trustee in Chapter 7 “administers” or sells a debtor’s nonexempt assets. Exemptions are laws that help individuals and families protect certain necessary property from bankruptcy and collections.

Our attorneys have successfully helped thousands of clients throughout Virginia receive a discharge of their debt under the bankruptcy code. The overwhelming feeling from most clients is a sense of great relief. They are excited about their fresh start and the new financial future that is ahead of them. After completing the bankruptcy process, clients can take control of their finances, make good financial decisions, and try to avoid any of the circumstances that caused their financial hardships.

Prior to the filing of a bankruptcy petition, each debtor must complete an initial educational course.

A discharge in a Chapter 7 bankruptcy is a court order issued at the end of the case that relieves the debtor from the obligation to pay the debt listed in the petition. Once a debt has been discharged, the creditor is prohibited from taking collection action on the debt ever again. Debts that are likely to be discharged in Chapter 7 are credit card debts, medical bills, lawsuit judgments, personal loans, and any other unsecured debts. The average time to receive a discharge for a Chapter 7 bankruptcy is usually about four months from the date the petition is filed.