Montgomery, Kelley, & McKinnon, P.L.C. - Virginia Bankruptcy Lawyers

Bankruptcy

Montgomery, Kelley, & McKinnon, P.L.C. provides services for Chapter 7 Bankruptcy only. Filing a Chapter 7 can help end credit card debt, cease wage garnishment, stop foreclosure and repossession.

The following are some of the services provided:

  • Free initial consultation to see if you qualify for Chapter 7
  • Preparation and filing of Chapter 7 Petition and Homestead Deed.
  • Representation at 341 Hearing (Meeting of Creditors) in Bankruptcy court.

Please be advised that you may only forward collection calls once you have retained our services.

Should you file Bankruptcy?

Are you losing sleep and avoiding creditor phone calls but just don’t know what to do? Are you thinking about filing bankruptcy but not sure if that is the right thing? Consider the following warning signs that indicate that you might need to consider filing bankruptcy. See if any of the following warning signs apply to you:

  • Behind on your mortgage payment and see no way to catch up
  • Resorted to payday loans trying to catch up
  • Using credit cards to payoff other credit cards
  • Using credit cards to pay for monthly expenses
  • Missed several car payments
  • Collectors are calling you at home and work
  • Large medical bills
  • Loss of your job
  • You cannot make your minimum monthly credit card payment

If the following is happening you need to see a bankruptcy attorney immediately :

  • Foreclosure
  • Wage garnishment
  • Repossession of your car or furniture or appliances
  • You have gone out of business and have substantial debt to payoff
  • Business closed – have credit line against the business
  • Credit card in your name you have used for the business
  • Business credit cards that you guaranteed with your signature

We’ve seen hundreds of people over the past 9 years. One thing we have learned is that no one wants to file bankruptcy. There’s a shame factor attached to filing bankruptcy, but the truth of the matter is no one knows you have filed unless you tell them. Remember that bad things happen to good people and they just have no choice. If you are experiencing any of the warning signs listed above consult a bankruptcy attorney promptly. The single biggest mistake we have seen people make is to wait too long to get expert help. So whether you call Stephanie A. Montgomery or not, call someone sooner rather than later. Do not wait and risk losing important rights you might have under the bankruptcy law. Call us now. We will be honored to help you.

Ms. Montgomery and the highly trained professional staff are experts in bankruptcy. We know exactly what to do to prevent you from losing your car, your house, or your wages to garnishment and how to stop harassing phone calls. We are dedicated to helping people get a fresh financial start.

frequently asked questions about bankruptcy:

What is Repossession?

Should you fail to pay a secured creditor, a repossession is a legal process that allows the creditor to take back or “repossess” the property that secures the debt. Examples of items frequently repossessed are automobiles, furniture, as well as loans you secured using personal property as collateral. You are responsible for the balance that the creditor does not get in the sale of your possessions which is typically referred to as a “deficiency judgment.”

What is foreclosure?

You fail to make timely payments on your home for consecutive months; usually at least three months. The mortgage company has the right to foreclose on your property secured by a perfected Deed of Trust. The foreclosure is usually conducted in the form of an auction on the courthouse steps in the county where you own the property. You are responsible for any balance that the mortgage company does not recover in the sale of your home.

How long does it take to file bankruptcy?

The bankruptcy petition can be filed within a week, as long you provide all the documents that this office needs to file.

Can I keep my car?

The bankruptcy courts allow a standard exemption amount of Two Thousand ($2,000.00) dollars which can be utilized to protect your vehicle. If you have an auto loan and are making payments on your vehicle individuals often do not have equity in their vehicles. A vast a majority of debtors have no difficulty keeping their cars. Remember you must keep your payments current in order to retain the vehicle. You will be asked to reaffirm the loan on your vehicle which essentially is executing a new contract with the lien holder. This office will help you with all paperwork involved with the reaffirmation process.

Will I lose my household furniture and belongings?

The Trustee does not usually take any furniture or belongings of the debtor unless they are of significant value. An example would be an antique wood desk valued at $10,000.00. A debtor has standard bankruptcy exemptions for household goods and furnishings.

Will I go to court?

You will have a 341 Meeting of Creditors that is in front of a Bankruptcy Trustee. This meeting is usually held in an office building located in the jurisdiction that we file your petition.

Where do I file?

If you live in Williamsburg, James City County, York County, Newport News, Hampton, or Gloucester, your bankruptcy petition will be filed in Newport News.

If you live in Charles City, King William, New Kent, or Henrico, your bankruptcy petition will be filed in Richmond.

Will the attorney be with me?

Stephanie A. Montgomery is present with you at all 341 Meeting of Creditors.

Are there any debts which I cannot have discharged by the bankruptcy court?

We will give you a courtesy list of debts that will not normally be discharged by the filing of bankruptcy. Some debts that are typically not forgiven are Federally backed school loans, certain back Federal and State taxes (there are circumstances where these can be forgiven, but usually you have to pay your recent back income tax obligations), any money owed to a governmental entity, (state, city or county,), and any judgment incurred from an automobile accident where you were intoxicated.

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