Virginia Bankruptcy

The following page provides information and resource links for Virginia bankruptcy.



If you are not looking for information regarding Virginia, please use the links on the left to find information for your state.



Virginia Bankruptcy Courts - Location and Contact Information

Virginia bankruptcy courts are divided into two districts, which are further divided into several divisions.  Generally, the debtor’s county of residence will determine which district and division the bankruptcy petition is filed.  It may also be determined by the location of the debtor’s principal place of business or principal assets.



EASTERN DISTRICT OF VIRGINIA

Counties of Jurisdiction

Alexandria Division - Arlington, Fairfax, Fauquier, Loudoun, Prince William and Stafford Counties

Newport News Division - Gloucester, James City, Mathews and York Counties

Norfolk Division - Accomack, Isle of Wight, Northampton and Southampton Counties

Richmond Division - Amelia, Brunswick, Caroline, Charles City, Chesterfield, Dinwiddie, Essex, Goochland, Greensville, Hanover, Henrico, King and Queen, King George, King William, Lancaster, Lunenburg, Mecklenburg, Middlesex, New Kent, Northumberland, Nottoway, Powhatan, Prince Edward, Prince George, Richmond, Spotsylvania, Surry, Sussex and Westmoreland Counties

DIVISION STREET ADDRESS MAILING ADDRESS TELEPHONE
Alexandria
Division
U.S. Bankruptcy Court
200 S. Washington St.
Alexandria, VA 22314-5405
Same (703) 258-1200
Newport News
Division
U.S. Bankruptcy Court
101 25th Street
Room 106
Newport News, VA 23607
U.S. Bankruptcy Court
600 Granby Street,
Room 400
Norfolk, VA 23510-1915
(757) 222-7500
Norfolk
Division
U.S. Bankruptcy Court
600 Granby Street
Room 400
Norfolk, VA 23510
Same (757) 222-7500
Richmond
Division
U.S. Bankruptcy Court
1100 E. Main Street
Suite 310
Richmond, VA 23219-3515
Same
(804) 916-2400

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WESTERN DISTRICT OF VIRGINIA

Counties of Jurisdiction :

Albemarle, Alleghany, Amherst, Appomattox, Augusta, Bath, Bedford, Bland, Botetourt, Buchanan, Buckingham, Campbell, Carroll, Charlotte, Clarke, Craig, Culpeper, Cumberland, Dickenson, Floyd, Fluvanna, Franklin, Frederick, Giles, Grayson, Greene, Halifax, Henry, Highland, Lee, Louisa, Madison, Montgomery, Nelson, Orange, Page, Patrick, Pittsylvania, Pulaski, Rappahannock, Roanoke, Rockbridge, Rockingham, Russell, Scott, Shenandoah, Smyth, Tazewell, Warren, Washington, Wise and Wythe Counties

OFFICES STREET ADDRESS MAILING ADDRESS TELEPHONE
Roanoke
Office
U.S. Bankruptcy Court
210 Church Avenue SW
Room 200
Roanoke, VA 24011
Same
(540) 857-2391
Lynchburg
Office
U.S. Bankruptcy Court
1101 Court St.
Room 166
Lynchburg, VA 24504
Same (434) 845-0317
Harrisonburg
Office
U.S. Bankruptcy Court
116 N. Main St.
Room 223
Harrisonburg, VA 22802
Same
(540) 434-8327

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Virginia Bankruptcy Laws and Exemptions

Virginia Exemptions

The U.S. Bankruptcy Code allows individual debtors to exempt certain property from creditor claims based on exemptions under either federal law or state law. Exemptions vary from state to state. Some states have adopted their own set of bankruptcy exemptions that are used in place of the federal exemptions. However, other states give debtors an option to choose between either state or federal exemptions.

For Virginia bankruptcy filings, state exemptions are used.

Following are common state exemptions in Virginia:

Homestead $5,000 homestead exemption, plus an additional $500 exemption for each dependent
Automobile Up to $2,000 for one motor vehicle
Household
Goods
Family Bible exempt; family portraits and heirlooms to $5,000; household goods and furnishings to $5,000
Wearing
Apparel
Up to $1,000
Furs and Jewelry Wedding and engagment rings exempt
Tools of the Trade Up to $10,000
Miscellaneous Burial lot and preneed funeral contract not to exceed $5,000; all pets; all medically prescribed health aids

Contact a Virginia bankruptcy lawyer for more information regarding Virginia bankruptcy exemptions.

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Virginia Means Test

The new bankruptcy laws enacted in 2005 also require that debtors pass a means test before filing a Chapter 7 bankruptcy. There are two ways to pass the means test:

1. the debtor's annual income (calculated using the average gross income for the six month period prior to filing) must be below the state median. Census Bureau statistics for state median income by family size can be found here (for cases filed between April 1, 2013 and April 30, 2013).

2. If income exceeds the median income, individuals may still file Chapter 7 bankruptcy based on results of Form 22A: Chapter 7 Statement of Current Monthly Income and Means-Test Calculation. .

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Virginia Credit Counseling and Debtor Education Agencies

Pursuant to the new bankruptcy laws enacted in 2005, individuals who file personal bankruptcy (with limited exceptions) in Virginia must:

1. take a credit counseling course from an approved Virginia credit counseling provider within six months before filing bankruptcy; and

2. complete a debtor education course from an approved Virginia debtor education agency prior to receiving a bankruptcy discharge.

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Virginia Personal Bankruptcy Attorneys

To find Virginia bankruptcy lawyers in your area, you may want to contact your local county bar association or the Virginia State Bar:

Virginia State Bar
707 East Main Street, Suite 1500
Richmond, VA 23219-2800
Telephone: (804) 775-0500

Based on income, free bankruptcy advice and representation may also be obtained from the following organizations: See the Virginia Legal Aid website for a list of organizations that provide legal services to low income clients in Virginia.

If you are concerned about the representation provided to you by a Virginia bankruptcy attorney, visit the Virginia State Bar's page regarding how to file a misconduct inquiry about a lawyer.

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Resources for Virginia Bankruptcy Laws

U.S. Bankruptcy Court for the Eastern District of Virginia - administrative and procedural information for Eastern District of Virginia bankruptcy filings

U.S. Bankruptcy Court for the Western District of Virginia - administrative and procedural information for Western District of Virginia bankruptcy filings

Office of the U.S. Trustee for Region 4 - oversees the administration of Virginia personal bankruptcy cases and case trustees

Virginia State Bar - information about the Virginia bar, membership, ethics, continuing legal education, and resources for the public.

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