Who can file bankruptcy in West Virginia?

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Question:

Who can file bankruptcy in West Virginia?

Answer:

Filing a bankruptcy is always a situation of financial last resort for the individuals involved.  Bankruptcy is a damaging process that will scar your credit for seven to ten years, prevent you from filing future bankruptcy during that period even if you need to, and make it difficult or impossible for you to receive loans, credit, and in some cases even a job.  So, who can file bankruptcy in WV, and what circumstances and requirements must be met for you to file for bankruptcy in the state of West Virginia?

  • In order to file for bankruptcy in West Virginia, you must first qualify for bankruptcy, which is done through a process of determining whether you have the capability of paying back your debts (in which case you will be filing a Chapter 13 bankruptcy), or if you have no capability of paying back your debts (in these cases, you will be filing for Chapter 7 or total liquidation bankruptcy).  
  • Depending on your financial circumstances, one of the federal bankruptcy courts for the North or South District of West Virginia will be able to get you started in the bankruptcy process once your lawyer files the proper paperwork.

To get help determining if you are eligible to file, you should strongly consider speaking with a bankruptcy attorney in your area. 

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