Legal Question in Bankruptcy in Virginia

Re: Should and How do I file bankruptcy?

Filing bankruptcy should be a last resort, not a first. If you have no assets and no income, there is nothing a creditor can do to you short of bugging you on the phone all the time, and you can restrict that by telling the caller you will no longer accept calls; there's a fair credit act which controls how malignant a collector can be.

You can't be jailed for not paying your debts; we did away with that when we colonized this country. You can be penalized for not responding to a court's orders, but that is a different matter.

Since you are what is called judgment proof (even if a creditor gets judgment it cannot be collected because you have no income and no assets) the worst that can happen to you is to be inconvenienced by calls and court appearances if anyone files. Wait until you have a job and/or assets to protect before you consider bankruptcy, and then talk to an attorney before you take the step.

Re: Should and How do I file bankruptcy?

You should certainly consult with a bankruptcy lawyer. Bankruptcy will allow you to discharge your debt and get a fresh start. It will be on your credit report for up to 10 years, but at least you will be able to get the creditors off your back. Debt arising as a result of fraud or larceny would not be dischargeable, but it sounds like that was taken care of through restitution. See a bankruptcy lawyer to give you advice in light of the specific facts of your case. We can certainly handle such matters if you are interested.