Christopher S. Moffitt, P.C., lawyers in Alexandria, VA, Virginia

Mediation in Bankruptcy

Many courts authorize mediation by some sort of local rule or practice. Mediation is a negotiation process where a neutral party works with those parties that are involved in a dispute in order to reach a satisfactory agreement. A mediator helps willing parties craft an agreement that looks to the future, satisfies their needs, and meets their own standards of fairness.More...

Social Security and other benefits, Retirement Accounts in Chapter 7

What is Chapter 7 bankruptcy?More...

Alimony and Support Claims

Filing for bankruptcy does not suspend or stop the obligation to pay child support or alimony. Whether an obligation imposed by a divorce decree is dischargeable depends on whether it is characterized as support or as a property settlement. In many instances, obligations for property settlement can be discharged in bankruptcy, while obligations for child support and alimony cannot be discharged in bankruptcy. Bankruptcy law, not state law, determines whether an obligation is a support obligation or a property settlement obligation.More...

Student Loans

In a proceeding under Chapter 7 of the Bankruptcy Code, it is presumed that many debts, including most loans, will be discharged or "wiped out." Section 523(a)(8) of the Bankruptcy Code, however, provides that student loans cannot, for the most part, discharged in a bankruptcy proceeding under Chapter 7. Student loans can be included within a Chapter 13 debtor's bankruptcy estate, as are other debts such as a mortgage and credit card debts.More...

Abandonment

Generally, abandonment of property of an estate is initiated by a trustee. The trustee has the right to retain valuable assets and abandon burdensome property, subject to the court's supervisory control, but cannot accept only the beneficial features and reject the burdens with respect to the same item of property. A trustee should not abandon property that is necessary for the debtor's fresh start or other bankruptcy purposes. More...