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Virginia Chapter 7 Individual Debtors Statement of Intention - Form 8 - Post 2005

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This form is an individual debtor's statement of intention. The document lists: a description of the property; the creditor's name; and property to be retained. The form also contains a certification of a non-attorney bankruptcy petition preparer.

The Virginia Chapter 7 Individual Debtors Statement of Intention — Form — - Post 2005 is an important legal document used in bankruptcy proceedings. It outlines the intentions of an individual debtor regarding their secured and unsecured debts and assets. This form is designed to help the bankruptcy trustee and creditors understand the debtor's plans for handling their financial obligations. Keywords: Virginia, Chapter 7, individual debtors, statement of intention, Form 8, Post 2005, bankruptcy proceedings, secured debts, unsecured debts, assets, bankruptcy trustee, creditors, financial obligations. There are different types of Virginia Chapter 7 Individual Debtors Statement of Intention — Form — - Post 2005, depending on the specific nature of the debtor's situation. These variations may include: 1. Secured Debts: This section of the form focuses on the debtor's intention to either reaffirm the debt, surrender the collateral, or redeem the collateral. Reaffirmation refers to the debtor's decision to continue making payments and keep the property securing the debt. Surrender means the debtor is willing to give up the collateral and discharge the associated debt. Redemption involves paying off the fair market value of the collateral in one lump sum. 2. Unsecured Debts: In this section, the debtor expresses their intention to either reaffirm the unsecured debt or discharge it. Reaffirming unsecured debts means the debtor will continue repaying the debt as agreed. Discharging an unsecured debt means the debtor seeks to eliminate the obligation entirely, not having to repay it. 3. Personal Property and Exemptions: In this part of the form, the debtor must list their personal property and indicate whether they intend to retain or surrender it. Certain exemptions may apply, which vary by state, and the debtor can claim these exemptions to protect their property from being seized to satisfy debts. 4. Real Property: If the debtor owns real estate, this section requires them to state whether they will retain or surrender the property. They must also provide details about any mortgages or liens associated with the property. 5. Other Obligations: Here, the debtor discloses any other financial obligations, such as leases or contracts they are party to. They indicate whether they wish to assume or reject these obligations. 6. Explanatory Statement: This portion allows the debtor to provide additional details or explanations regarding their intentions or specific circumstances not covered in other sections of the form. Remember, this description is specific to Virginia's Chapter 7 Individual Debtors Statement of Intention — Form — - Post 2005. It's crucial to consult with a bankruptcy attorney or legal expert to ensure compliance with the relevant laws and variations specific to your jurisdiction.

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FAQ

Filing for Chapter 7 bankruptcy will wipe out your mortgage obligation. Still, if you aren't willing to pay the mortgage, you'll have to give up the home because your lender's right to foreclose doesn't go away when you file for Chapter 7.

An Application for Waiver of the Chapter 7 Filing Fee for Individuals Who Cannot Pay The Filing Fee in Full or In Installments (Official Form 103B), must be filed with the petition. The form is available on the Court's web site, at , under Rules & Forms >> Forms.

There is no minimum debt to file bankruptcy, so the amount does not matter. Examples of unsecured debts include credit card debt, cash advance (payday) loans, and medical bills.

If your total monthly income over the course of the next 60 months is less than $7,475 then you pass the means test and you may file a Chapter 7 bankruptcy. If it is over $12,475 then you fail the means test and don't have the option of filing Chapter 7.

If you want to keep a secured asset, such as a car or home, and it is not completely covered by your Virginia bankruptcy exemptions then Chapter 7 is not an option. If facing foreclosure on your home, the automatic stay created by your Chapter 7 filing only serves as a temporary defense against foreclosure.

What Will Happen to My Home and Car If I File Bankruptcy in Virginia? In most cases you will not lose your home or car during your bankruptcy case as long as your equity in the property is fully exempt.

When you file for Chapter 7 bankruptcy, you will have to complete a form called the Statement of Intention for Individuals Filing Under Chapter 7. On this form, you tell the court whether you want to keep your secured and leased property?such as your car, boat, or home?or let it go back to the creditor.

The good news is that if you ? or the attorney you hire ? gets the paperwork right and the case moves through the court to the point where debt discharge is determined, the U.S. Bankruptcy Courts says that 99% of Chapter 7 cases succeed.

Some of the most common Virginia Bankruptcy exemptions include: Homestead/Primary Residence: Each debtor can protection up to $25,000.00 of equity in their primary residence or a property where his/her dependent resides. A married couple that own a property together can exemption $25,000.00 each in the property.

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Virginia Chapter 7 Individual Debtors Statement of Intention - Form 8 - Post 2005