Mathews County, VA Bankruptcy Law

Mathews, Virginia 23109
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Filing Bankruptcy In Mathews County, VA

While bankruptcy is federal law, many aspects, like exemptions involve state law, and —in the case of the means test — each county in Virginia is assigned its own housing expense standards.

We're here to help you navigate these layers of federal, state, and local rules that come into play when you file bankruptcy in Mathews County, VA.

LegalConsumer.com's "Bankruptcy By Zip Code" website has provided free, local bankruptcy information to more than 10 million consumers since 2006! Let us help you learn how bankruptcy works in Mathews County, VA. 


How to File 

Means Test

  • Free Means Test Calculator: Are you eligible for Chapter 7? This calculator will help you find out. Online since 2006. Updated with May 15, 2024 income & expense standards. 
  • Local Standards:  Virginia and Mathews County: Every state and county differs.
  • Line by Line Help Just the bits you need when needed. 

Bankruptcy Court


Virginia Bankruptcy Exemptions

  • Schedule C:  The form where you claim your property as exempt.
  • Federal Bankruptcy (§522) Exemptions: 19 states allow you to use the Federal Bankruptcy Exemptions listed in 11 USC § 522. The remaining states have "opted out" and only allow you to use the state law exemptions. 
    • Can use the Federal Bankruptcy (§522) exemptions in Virginia? 

      No. Va. Code Ann. § 34-3.1.

  • Virginia Exemptions
  • Real Estate
    • Your Home (Virginia Homestead Exemption): 
      • Must file homestead declaration before filing for bankruptcy
        $5,000 plus $500 per dependent; rents & profits; sale proceeds exempt to $5,000 (husband & wife may double, unused portion of homestead may be applied to any personal property); if 65 or older, exemption is $10,000; an additional $25,000 exempt if property is primary residence.

  • Personal Property:
    • Car/Truck/Van: Most states explicitly exempt motor vehicles. In some states, it's pretty generous. 
      • Motor vehicles to $6,000 total ($10,000 if needed for occupation or education)

    • Tools of Your Trade: From delivery vans to shop tools, most states allow you to exempt tools you use for your work, up to a certain amount.
    • Wildcard
      • Unused portion of homestead or personal property exemption
        $10,000 of any property for disabled veterans

  • Financial Accounts & Cash

Types of Debt

  • Secured Debts: Bankruptcy doesn't get rid of secured debts, but in some cases, it can greatly reduce them. When you file, you'll be asked what you plan to do about your secured debts. Your options are:  -
    • Surrender: Give back the property and wipe out any remaining deficiency balance in bankruptcy. 
    • Redeem: - Come up with the cash to buy the property outright at its current value.. 
    • Reaffirm: - Keep the arrangement you have, and leave this debt unaffected by your bankruptcy.
    • Common Types of Secured Debts:
  • Unsecured Debts: Most unsecured debts, like credit cards and medical debts, can be discharged in bankruptcy.
    • Credit Card Debt
    • Medical Debt
    • Personal Loans
    • Payday loans
  • Unsecured Debts that require extra steps:

Lawyers Near Me


Note: This website is updated as time permits. It is up to you to contact your local court and confirm and update any information you need. Information is not advice. See a bankruptcy lawyer for advice about how the law relates to your situation.




Mathews County, VA
Bankruptcy by Zip Code

Consumer Protection
Consumer Protection Laws

Basics
Bankruptcy Basics

How to File
How To File Bankruptcy

Courts
Virginia Eastern District Bankruptcy Court Info

Forms
Bankruptcy Forms

Means Test
Means Test Calculator
Income & Expenses

Debts
Debts & Dischargeability

Student Loans
Student Loans

Exemptions
Property, Exemptions & Liens

Exemptions
Exemptions By Category

BK Exemptions FAQ
Bankruptcy Exemptions FAQ

Lawyers
Bankruptcy Lawyers & Other Help

News
Bankruptcy News



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