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Bankruptcy is a federal legal process that helps individuals and businesses resolve unaffordable debt through discharge or reorganization. In Huntington, filings fall under the jurisdiction of the United States bankruptcy court for the relevant district, typically the Southern District of West Virginia for Cabell County and surrounding areas. The main options for individuals are Chapter 7, Chapter 13, and for businesses Chapter 11, each with distinct eligibility and outcomes.
In general, Chapter 7 allows discharge of many unsecured debts after the court approves a liquidation plan, while Chapter 13 lets a debtor repay a portion of debts through a court-approved 3- to 5-year plan. Chapter 11 is designed for businesses or individuals with complex debts who need to reorganize and continue operations. A bankruptcy case involves a judge, a bankruptcy trustee, and counsel for the debtor and creditors.
Key steps in Huntington include credit counseling before filing, gathering financial documents, submitting schedules of assets and debts, and attending a 341 meeting with the trustee and creditors. An automatic stay goes into effect upon filing, generally stopping most collection actions while the case proceeds.
Bankruptcy is a federal process governed by Title 11 of the United States Code and local court rules.
Source: Bankruptcy Basics - U.S. Courts
Filing for bankruptcy in Huntington often requires legal guidance to protect property, rights, and priorities. A lawyer can tailor the strategy to your situation and ensure you meet all deadlines and form requirements.
Bankruptcy in Huntington is governed by federal law, with additional local court rules shaping procedure in the Southern District of West Virginia. The interplay between federal statutes and local rules determines filing requirements, deadlines, and forms used in court.
Automatic Stay and Relief from Debtor Actions - 11 U.S.C. § 362 provides the automatic stay, stopping most collection actions as soon as a petition is filed. This is a critical protection for debtors in Huntington while the case is pending. See 11 U.S.C. § 362.
Means Test and Eligibility for Chapter 7 - The means test is part of the Chapter 7 analysis and influences whether a discharge is available. It is shaped by the provisions updated by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. See 11 U.S.C. § 707 and the Bankruptcy Basics overview for context.
Code and Procedure for Bankruptcy - Chapter 7, 11, and 13 are part of Title 11 of the United States Code, with procedural rules found in the Federal Rules of Bankruptcy Procedure (FRBP). For the official rules, visit Federal Rules of Bankruptcy Procedure.
Local Rules for Southern District of West Virginia - Local court rules govern how cases are filed and managed within this district, including Huntington filings. See the local rules for the Southern District of West Virginia at the official court site.
Recent changes of note include the 2005 BAPCPA reforms, which introduced the means test and stricter payment requirements for many Chapter 7 filers. The BAPCPA act took effect in 2005 and continues to shape consumer bankruptcy practice today. See U.S. Trustee Program and U.S. Courts resources for detailed guidance.
Bankruptcy is a federal process to discharge debts or reorganize them under court supervision. In Huntington, you file with the U.S. bankruptcy court for the district, attend a 341 meeting, and may receive a discharge after the process finishes. A lawyer helps you pick the right chapter and navigate deadlines.
Qualification depends on your income, expenses, and means test results. If you pass the means test, most unsecured debts may be discharged. A lawyer can assess your finances and file the correct schedules and statements.
Filing fees typically start around several hundred dollars, plus attorney fees. Costs vary by chapter and case complexity, and some low-income clients qualify for reduced rates or legal aid assistance.
Chapter 7 cases commonly conclude within 3 to 6 months after filing. Chapter 13 plans run 3 to 5 years, depending on the plan terms and your income.
While some people file without counsel, having a bankruptcy attorney improves the odds of a smooth process and proper protections. Local practice and exemptions often require tailored advice.
Chapter 7 offers a discharge after liquidation of unsecured debts, while Chapter 13 provides a repayment plan to rehabilitate debts while keeping assets. Chapter 11 is available for complex cases and larger debts.
Student loans are typically difficult to discharge, but a lawyer can explore undue hardship arguments or alternatives. Most cases do not result in full student loan discharge.
Most unsecured debts are discharged in Chapter 7 or after completing a Chapter 13 plan. Secured debts or co-signed obligations may require ongoing payments or have different treatment.
Filing generally requires credit counseling, gathering financial documents, and submitting schedules with the court. A lawyer can prepare your petition and ensure all deadlines are met.
The means test compares your income to the state median to determine Chapter 7 eligibility. If your income exceeds the threshold, a Chapter 13 plan may be required or the case may be dismissed.
Exemptions determine what property you can keep. You may choose state exemptions or federal exemptions depending on local rules and your situation. A lawyer can assess which option protects your home, vehicles, and personal property.
Waiting periods exist between certain filings for Chapter 7 and Chapter 13, and vary by chapter and outcome. A bankruptcy attorney can guide you on timing and eligibility for a new filing.
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The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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