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L. Ilaine  Upton

L. Ilaine Upton

  • Bankruptcy, Foreclosure Defense, Consumer Law
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Practice Areas
  • Bankruptcy
  • Foreclosure Defense
  • Consumer Law
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  • Free Consultation
Professional Associations
Virginia State Bar # 31153
Member
Current
National Association of Consumer Bankruptcy Attorneys
Virginia State Chair
Current
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Legal Answers
22 Questions Answered

Q. do I need a bankruptcy lawyer
A: Probably a good idea. You don’t know what you don’t know. We do. We can make sure it’s the right time to file. We can help protect your assets. We can advise you against making common errors and help you fix them before you file. I think what I do is important, and necessary. That’s why I practice bankruptcy law.
Q. I receive monthly child support payments. Will I still get them if I file for bankruptcy?
A: Yes, your right to child support payments is not affected by bankruptcy. Also, in Virginia, the bankruptcy trustee cannot take your child support payments away from you, which is not true in every state.
Q. Will I still have to pay spousal and child support if I file for bankruptcy?
A: Absolutely. Spousal and child support CANNOT be discharged in bankruptcy. Period.
Q. In a warrant and debt can plaintiff take your home if they win judgement
A: They can certainly put a lien on your house, that's very common. They could try to foreclose, but I've never actually seen anybody do this.
Q. I’ve been in a joint lease for about 4 months, is there any legal action I can take to get my name off?
A: No, not really, not if you and she can't agree to this. You could ask the landlord, but don't expect anything out of this. You're the one who moved out. If her boyfriend is helping with the rent and you're not on the hook, thank your lucky stars.
Q. Can a hoispital collect a bill they say I owe from 19 years ago
A: In Virginia, the statute of limitations to collect a medical debt is either five years or three years, depending on the facts, but I wonder whether the hospital got a judgment against you? If so, the limit to collect a judgment from general district court is ten years, but it can be renewed for another ten years. The limit to collect a judgment from circuit court is twenty years, but it also can be renewed. If they are trying to collect a debt, they have to prove that you owe it. If you dispute the debt in writing, and ask for proof that you owe the debt, that would be a good place to start.
Q. I filed WID; she's been served & is now demanding info; ret. date in Aug; do I have to respond or "see you in court"?
A: I am assuming she requested a Bill of Particulars. If that is the situation, yes, you do need to respond according to the rules of court. If the requests are informal, please consider whether your failure to cooperate will be seen by the court as prolonging the dispute. If the dispute can be resolved informally, this is something that the court will prefer.
Q. My car was repossed
A: The lende does not have to give you notice before repossessing your car, just before they auction it. If the car hasn’t been auctioned yet, ask the lender how much money they need to give you back your car. Expect to pay repo fees. If you can’t come up with the money now, you can file Chapter 13, get the car back, and pay the money you owe over time. You need an experienced Chapter 13 lawyer for this. Good luck.
Q. I live in Fairfax, VA, and want to file for bankruptcy. If I pay my mortgage, can I hang on to my residence?
A: The surest way to keep your house in bankruptcy is file Chapter 13, but you might be able to keep your house in a Chapter 7. This is a situation where you need a very experienced bankruptcy lawyer, one with experience in keeping houses.
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Contact & Map
Upton Law Firm
7369 McWhorter Pl. #412
Annandale, VA 22003
USA
Telephone: (571) 302-4886