- Divorce
- Child SupportYou are not permitted to deduct any loan payments, except secured debts. Secured debts with more than 60 payments remaining are deducted in the amount of the monthly payment. If less than 60 payments remain, the remaining payments are added together and divided by 60 to determine the amount of the deduction. Certain other types of debts that are given priority, such as back taxes or owed child support or alimony, are to be divided by 60 and that sum is deducted.
- Spousal Support(4) Alimony, support or separate maintenance, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor;
- Criminal DefenseThe automatic stay is the legal term meaning that your creditors may not take any action against you to collect a debt after you file your case. Certain types of domestic relations and criminal matters may continue, and the stay can be lifted upon motion of a creditor, generally secured creditors who want to take possession of collateral securing a debt that you don’t intend to pay.
- Wrongful Death(2) A payment on account of the wrongful death of an individual of whom the debtor was a dependent, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor;
- FraudNo. That is the worse act that you can do. If you believe that you may own more assets than you can exempt, you should contact competent bankruptcy counsel before attempting to sell or transfer any assets. You may discover that you have sufficient exemption to protect the asset or that the manner in which you own the asset may protect it from the trustee. The minute that you relinquish ownership of an asset, you lose the right to exempt it. The trustee has the power to recover and sell any asset given away or sold for inadequate consideration. If you don’t report the sale or transfer on your bankruptcy petition, you will not only run the risk of being denied a discharge, but you also could be prosecuted in federal court for bankruptcy fraud.
- Medical Malpractice(a) The debtor's interest, not to exceed $35,000.00 in value, in real property or personal property that the debtor or a dependent of the debtor uses as a residence, in a cooperative that owns property that the debtor or a dependent of the debtor uses as a residence or in a burial plot for the debtor or a dependent of the debtor: Provided, That when the debtor is a physician licensed to practice medicine in this state under article three or article fourteen, chapter thirty of this code, and has commenced a bankruptcy proceeding in part due to a verdict or judgment entered in a medical professional liability action, if the physician has current medical malpractice insurance in the amount of at least one million dollars for each occurrence, the debtor physician's interest that is exempt under this subsection may exceed $35,000.00 in value but may not exceed $250,000.000 per household.
- BankruptcyOur firm specializes in bringing the protections of West Virginia bankruptcy law to families, individuals and small businesses of Fairmont, West Virginia. Our office is conveniently located near Fairmont at I-79 exit #125 (Saltwell Rd.)
- ForeclosureThen, I will want to know your debts and if you have any particular legal problems, like a lawsuit, pending repossession, or pending foreclosure. I actually would like to look at your bills, even if you have made a list, so bring them with you. I will need to know how much you increased the balance on any credit card in the last six months. I will want to know if you recently obtained a new loan or refinanced an existing loan as well as the balances due on any secured debts including home loans and vehicle loans. While it is unnecessary to pay your lender to obtain a payoff on your home loan, I need to know the principal balance. I also need to know how many payments remain on your secured debts, if less than 60 payments remain, and your current monthly income requires the means test to be run.
- Tax Law