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In re Watson: Homestead Abandonment
In re Watson: Homestead Abandonment
In re Watson: Homestead Abandonment
In re Watson: Homestead Abandonment
In re Watson: Homestead Abandonment
In re Watson: Homestead Abandonment
Here’s what we need for our Be Happy meeting
Our Be Happy meeting reviews information the bankruptcy court needs to approve your case. So you can “be happy.”
On this page, I’m introducing Lexria, my virtual file clerk. Lexria gathers the necessary information and bankruptcy required documents.we need for our next meeting. I call our next meeting the Be Happy meeting. At the Be Happy meeting, we review the information that we need to get your case approved. So we can “be happy.”
The necessary information includes you name, address, social security number. A list of your personal and finanial assets. and your budget.
The required documents include credit report, paystubs, bank statements, tax records, and IDs.
Please do not SKIP any questions.
Lexria won’t send your information to me if you leave anything blank. So, put NONE if the answer is none. If you don’t know, put DON’T KNOW. If a question asks for a dollar amount you don’t know, put $999.99. When we talk again, we can discuss.
Try to be accurate on the budget. Usually the budget doesn’t matter much but sometimes it matters a lot.
Lexria won’t send me the bankruptcy required documents until you answer every question.
Please do not sweat the bankruptcy values of your clothes and furniture. But take the time to be accurate on your budget.
Together, We’ll get Your Credit Report.
You have a legal right to get a free one at annualcreditreport.com. But we can save some steps and aggravation if we get one for you. Lexria asks for permission for us to get your credit report.. (Lexria sends you a copy, too.)
We need paystubs and bank statements
Your bankruptcy eligiblity for Chapter 7, and your bankruptcy payments for Chapter 13, depend on your income. (And also on your money in the bank.) You can download paystubs and bank statements and send them to us. Or–for the big banks and big payroll services–Lexria can get them for you. Please let Lexria know how you want to handle that.
OK, Here’s the Link:
Here’s the link to Lexria. She will take you through the steps to gather the neccessary information and bankruptcy required documents. Then Vanessa will set up our second meeting, to go over everthing together.
Fine Print
I’m required to send you these fine-print notices.
This links to the way I calculate your Chapter 7 legal fee. This is the price set by the court for Chapter 13 bankruptcy cases.
Meet Vanessa, my Paralegal.
Vanessa Hill, bankruptcy paralegal, has been with me for twenty-five years. Vanessa will schedule our next meeting as soon as we get all the required documents and necessary information.
Meet Lexria, My Virtual File Clerk
Lexria, is my virtual file clerk. She can’t answer legal questions, but she is really good at getting the necessary informaiton and bankruptcy required documents.
The post Here’s What We Need for our Next Meeting appeared first on Robert Weed Virginia Bankruptcy Attorney.
Inc. is reporting that business bankruptcy filings increased by 30%. The article can be found at https://www.inc.com/melissa-angell/small-business-bankruptcies-surged-30-percent-this-past-year-will-tariffs-accelerate-that/91221717
Michael Hunter of EPIC is quoted in the article as stating that the cause of this increase is a constellation of factors: including higher interest rates, inflation, record debt, and global geopolitical uncertainty. Interestingly, Mr. Hunter also states that bankruptcy filing will continue to rise for the rest of 2025 and 2026.Most small businesses file under Subchapter V (of chapter 11) which is simpler and more affordable than chapter 11. The Subchapter V debt limit is presently $3,424,000.00.-Subchapter V provides a simplified reorganization process with shorter deadlines, such as a plan filing deadline within 90 days of the bankruptcy filing-Subchapter V cases eliminate certain expenses such as no United States Trustee quarterly fees and no creditor committees unless ordered for cause.-Only the debtor may file a reorganization plan in Subchapter V-Subchapter V does not require a separate disclosure statement, reducing administrative burden and costs.-Subchapter V eliminates the "absolute priority rule," allowing owners to retain equity even if creditors are not paid in full, and permits confirmation without creditor class acceptance as long as the plan is fair and equitable.- A Subchapter V Trustee is appointed to assist the debtor and facilitate negotiations with creditors, but does not operate the business.Clients or professionals with questions about business reorganizations or Subchapter V should contact Jim Shenwick, Esq
Jim Shenwick, Esq 917 363 3391 [email protected] Please click the link to schedule a telephone call with me.https://calendly.com/james-shenwick/15minWe help individuals & businesses with too much debt!
Don’t sit on your Bankruptcy Eligiblity: It’s a moving target
In January, Larry came to talk to me about Chapter 7 bankruptcy eligiblity. He had a car repossession and about $25,000 in charged off credit cards. He was planning to get married and hoped to buy a house in a few years. His fiancé warned him they could never buy a house if he didn’t fix his credit.
Great, I promised, we can do a Chapter 7 bankruptcy to do exactly what you want.
Last month, in August, he came back, ready to go. But meanwhile, he had lost his Chapter 7 bankruptcy eligibility.
In February, Larry got as $4.00 an hour raise. He lost Chapter 7 bankruptcy eligiblity.
How Did Larry Lose Eligiblity?
In January, Larry was making $34.00 per hour. But in February, he got a raise to $38.00 an hour. In Virginia, as of April 2025, $77,420.00 is the cut-off for automatic eligibility for a single person, no children. His raise put him over the limit. Instead of clearing all his debts, he’ is forced to keep paying through the bankruptcy court in Chapter 13 for another five years!
Instead of being easily eligible to get a mortgage in two years (assuming enough family income), he’d need one of the few lenders who will work with him to get court approval. That can be a trap! Because Larry needs to show the court he can now afford to buy a home, the Chapter 13 trustee can say, Larry now can afford a bigger bankruptcy payment.
(Getting a mortgage in Chapter 13 is not hopeless. Here are two lenders who reach out to people in Chapter 13 bankruptcy: NEXA and Peoples Bank. I don’t know much about either one.)
Conclusion
Trump says his casino bankruptcies are “brilliant.”
Some people say that bankruptcy should be a last resort. On the other hand, Donald Trump says using the bankruptcy laws can be “brilliant.”
Either way, when you get to that point, remember that bankruptcy eligiblity can be a moving target. Whether a billiant move or a last resort, don’t misss your chance.
PS Being over the Income Cut Off Isn’t Always the End of Chapter 7 Bankruptcy Eligiblity
Being a few dollars an hour over the cut off for automatic eligiblity doesn’t always means you can’t file Chapter 7. We do dozens of those ever year. But there needs to be unusual budget factors to help you pass the means test.
Those budget factors that can help you get approved for Chapter 7 can include:
- Child support
- Help for elderly family
- Back taxes
- Major, on-going medical expenses
- A really, really big car payment
Larry didn’t have any of those. When he lost his automatic income eligiblity, he was stuck in Chapter 13.
The post Bankruptcy Eligiblity is a Moving Target appeared first on Robert Weed Virginia Bankruptcy Attorney.
Webpronews reports a 73% increase in corporate bankruptcies for 2025, with business bankruptcy filings reaching their highest monthly level since 2020.
At Shenwick & Associates, we have observed this increase and wish to review the various types of bankruptcy available to businesses.Chapter 7 Bankruptcy involves the liquidation of a business by a Chapter 7 Bankruptcy Trustee. The Trustee closes the business and liquidates any assets for the benefit of creditors. However, the Chapter 7 bankruptcy trustee can also commence avoidance actions (preference and fraudulent conveyance actions) and sue the corporate debtor's shareholders if they have used business assets for personal expenses.Chapter 11 Bankruptcy can involve reorganization or liquidation of assets by existing management. Unfortunately, Chapter 11 reorganizations require filing a plan and a disclosure statement, as well as soliciting votes to confirm a plan. This process can be extremely expensive, often prohibitively so for small businesses. A business can also use a Chapter 11 filing for liquidation by existing management.Subchapter V Bankruptcy is a type of Chapter 11 bankruptcy filing for small businesses. The maximum debt is $3,424,000, and at least 50% of the debtor’s total debts must stem from commercial or business activities. Only small business debtors (which may include individuals or entities) may file under Subchapter V. Subchapter V is a simplified form of Chapter 11 filing; a debtor only needs to file a plan, not a plan and disclosure statement.Chapter 13 Bankruptcy is for individuals only.People with questions about what type of Bankruptcy to file can call Jim Shenwick, Esq
Jim Shenwick, Esq 917 363 3391 [email protected] Please click the link to schedule a telephone call with me.https://calendly.com/james-shenwick/15minWe help individuals & businesses with too much debt!

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