I'm filing for chapter 7 because of overwhelming debt and an inability to work due to severe allergies which have left me functionally disabled.
I can't afford legal counsel at this time, so I'm hoping that someone can help me with the following questions. I'll be truly appreciative for any help as this situation is causing me profound mental distress.
My 'residence' is in VA though I've been spending most of my time between FL and NC. Usually it's 5 months here, 5 months there, but last year I spent more than 6 months paying rent to live on some land in NC and I'm wondering if this would qualify me to file a chapter 7 in NC thereby reducing my travel strain and costs. All I have as proof of NC residency are paypal receipts and an Amazon order history. My residence is in VA because that's where my business was registered and I never established residency elsewhere.
Is it better to file in Western NC or Northern VA in terms of exemptions and receiving fair treatment.
Will filing by mail make my case take longer to process?
Will the court penalize me for filing with a fee waiver?
Will they delay my case?
I have 16k in Amex card debt under my businesses name. When I've called Amex and asked them what would happen to my debt if I were to close my business they said that it would transfer to me as I'm the personal guarantor and the account is under my social. My businesses EIN does not come up with any debts related to it. Is there anything else I need to do to be sure that my amex debt will be included with my personal chapter 7 filing?
I have a tiny house worth about $5k that I understand will almost certainly be covered by an exemption.
I'm wanting to sell the tiny house as I was planning to use the funds to build a smaller and less toxic house on a trailer I have stored. I'm wondering at what point can I sell the tiny house and safely keep the money which I would require to build a livable shelter.
Same question goes for a car cleaning business that I am likely closing and perhaps selling some of it's minor assets to help me transition. I may have to keep the business for my livelihood so I want to protect it through the chapter 7 filing until I decide what to do.
Do I actually need legal representation to file chapter 7? My understanding is that it's basically as simple as properly filling out and submitting the correct forms and then showing up for one court hearing about a month later, is this true? In reading the chapter 7 paperwork there were some scary words about needing knowledge of bankruptcy law in order to be prepared to represent oneself, as well as hefty fines for supplying incorrect information which seems possible if I misunderstand a question or something.
1 Answer from Attorneys
Please pay for the question and I would be more than happy to help you. If you are having problems accessing the payment link, please contact me so I can activate the payment link on LawGuru.com.
Dr. Donna Kay Cindy Kakonge, BJ, MA, TESOL, LLB, EdD
Related Questions & Answers
If you are filing bankruptcy, can you cash in a 401K that has only 1854.00 in it to... Asked 10/20/17, 10:49 am in United States Virginia Bankruptcy Law
Can you recover Attorneys fees in state of Virginia? Asked 4/11/17, 5:59 pm in United States Virginia Bankruptcy Law