Virginia Bankruptcy

Virginia residents seeking to educate themselves on the process of bankruptcy have a number of resources available to them. Our video page here has a number of videos from attorney John G. Merna, Esq. on a number of bankruptcy related topics. Our bankruptcy definitions page has a list of terms associated with the bankruptcy process in Virginia. We offer free phone consultations that can help direct you through the legal process of both Chapter 7 and Chapter 13 bankruptcy. 

Merna Law are bankruptcy attorneys in Virginia serving the citizens of Virginia Beach, Newport News, Richmond, Norfolk, Chesapeake, Suffolk, Portsmouth, Hampton, Gloucester, York, Williamsburg, Henrico, Chesterfield, Fredericksburg, Eastern Shore, Petersburg, Hopewell, Franklin, Chester, South Hill, Emporia, Colonial Heights. We have offices in Virginia Beach, Richmond and Newport News Virginia. 

We want to remind all Virginians, the bankruptcy court serves everyone in our state conducting the processes honestly and accurately. While it is possible to file bankruptcy on your own, we urge everyone to consider their individual ability to carefully prepare the appropriate forms, court documents and understand the legal process. More on this below. 

If you are filing Chapter 7 Virginia Bankruptcy, you will be required to take a credit counseling course before your case is filed and a financial management course after your case is filed. You will also be required to attend the 341 meeting. These courses and the meeting are required to receive bankruptcy relief in the state of Virginia.

Getting started with bankruptcy in Virginia

The first thing we direct people to do when considering bankruptcy is to consider whether or not bankruptcy is a better option for you rather than struggling with bad debt. In most cases, the answer is yes. That answer is different for everyone but for many, bankruptcy is the better option when it comes to improving overall credit scores. Too often myths about bankruptcy hold people back from making the right choice and continue to see their credit score diminish while the debt grows as a result of not being able to pay.

Myth #1: You can’t recover from bankruptcy for ten years.

This is not true. Bankruptcy in Virginia will stay on your credit report for that long but recovering your credit happens much more rapidly. It is possible to go from bankruptcy to purchasing a home in as little as three years. Bankruptcy has a one time effect on your credit scores.

MYTH #2 Bankruptcy will not get rid of all my debt.

Bankruptcy will stop most debt collection efforts, such as telephone calls, wage garnishments, foreclosures and repossessions, and even some legal proceedings. It also eliminates various types of debt, such as credit card balances, medical expenses, and personal loans. Secured debt (i.e., automobiles, homes) are treated differently under Virginia bankruptcy law.

Here are a few things you can do to help get you on a road to a fresh start. Educate yourself to the bankruptcy process. We have many videos on the topic on our YouTube channel. Speak with an attorney at Merna Law for free. Start gathering the appropriate documents needed to file bankruptcy whether you are filing with or without an attorney. 

Can I file bankruptcy for free in Virginia?

The short answer is yes however, bankruptcy can be a complex process. It is unlikely that the average person will be able to handle the bankruptcy on their own. Working with a bankruptcy lawyer can ensure that bankruptcy goes as smoothly as possible and that all applicable bankruptcy rules and regulations are met. If you make a mistake in filing your own case, you may have to start the process from the beginning should your case is denied. If you are interested in exploring bankruptcy on your own, here is a checklist of documents needed to file Chapter 7 in Virginia. 

There are also  some requirements that must be met before filing for bankruptcy. You need to prove that you are unable to repay your debt and seek credit advice from a state-approved credit adviser. Our attorneys will help you evaluate your finances, discuss possible bankruptcy alternatives, and make a personal budget plan so you do not go through it alone.

What are the benefits of bankruptcy using an attorney?

The largest benefit to hiring Merna Law is that as soon as you retain our bankruptcy attorney, he/she will take care of all harassing calls and begin to work on your behalf. We will work with you to gather the appropriate documents and find a payment plan that works best for you. Other benefits include: 

1. You will have legal representation and guidance throughout the process of filing bankruptcy.
2. Instant relief. You immediately no longer have to pay back the debt.
3. Instant protection from things like harassing phone calls and wage or bank garnishment.
4. It is affordable. Using Merna Law to handle the process is affordable when considering the money you spend maintaining the debt, accruing interest and mounting late fees.
5. Bankruptcy with Merna Law is much easier than the stress and constant worry over finances on top of having to undergo the education of filing your case on your own. And, it is over quickly.

What type of bankruptcy is right for me?

There are two types of bankruptcy for Virginia residents with and without secured debt. Chapter 7 bankruptcy and Chapter 13 bankruptcy. If you are unsure which is right for you, a phone consultation with one of our bankruptcy lawyers can help direct you to the right choice. Chapter 7 is the chapter of the Bankruptcy Code that provides for “liquidation” or elimination of unsecured debt. A chapter 13 bankruptcy is repayment or reorganization of debt.

Virginia Court Locations

Walter E. Hoffman United States Courthouse
757-222-7500
600 Granby Street Norfolk, VA 23510

Spottswood W. Robinson III & Robert R. Merhige, Jr., U.S. Courthouse
804-916-2400
701 East Broad Street Richmond, VA 23219

Martin V.B. Bostetter, Jr. United States Courthouse
703-258-1200
200 South Washington Street Alexandria, VA 22314

Commonwealth of Virginia Building
540-857-2391
210 Church Avenue Roanoke, VA 24011

Virginia Bankruptcy Judges

Eastern District of Virginia Bankruptcy Judges

The U.S. Bankruptcy Court for the Eastern District of Virginia (EDVA) is organized into four divisions. Cases filed by Merna Law clients are heard primarily in the Norfolk bankruptcy attorney, Newport News bankruptcy attorney, and Richmond bankruptcy attorney divisions. The presiding judges as of 2026 are:

Norfolk & Newport News Division

Richmond Division

Alexandria Division

Source: U.S. Bankruptcy Court, Eastern District of Virginia

Chapter 13 Trustees — Eastern District of Virginia

In a Chapter 13 bankruptcy, a standing trustee is appointed to administer your repayment plan and conduct your 341 Meeting of Creditors. Your trustee is determined by where you file, not by your choice. The Chapter 13 trustees for EDVA as of 2026 are:

Merna Law clients filing in Hampton Roads (Virginia Beach, Norfolk, Chesapeake, Portsmouth, Suffolk) are typically assigned to Trustee Gregory Stefan. Newport News area clients fall under Trustee Kelly M. Barnhart. Richmond-area clients are assigned to Trustee Suzanne E. Wade (Richmond) (Richmond) (Richmond) (Richmond) or Michael R. Jones.

Source: VAEB Chapter 13 Trustee Websites

Chapter 7 Trustees — Eastern District of Virginia

In Chapter 7 cases, a panel trustee is randomly assigned at filing. The Chapter 7 trustee’s primary role is to review your bankruptcy schedules at the 341 Meeting of Creditors and determine whether any non-exempt assets exist. In the vast majority of consumer Chapter 7 cases in Virginia, there are no non-exempt assets and the trustee files a “no asset” report.

What Happens at the 341 Meeting of Creditors?

The 341 Meeting (named for Section 341 of the Bankruptcy Code) is a brief meeting — typically 5–10 minutes — held approximately 30 days after your case is filed. In EDVA, these meetings are conducted by Zoom video conference for both Chapter 7 and Chapter 13 cases. You will be asked to verify your identity and answer questions under oath about your bankruptcy schedules. Creditors may attend but rarely do in consumer cases.

Chapter 7 vs. Chapter 13 Bankruptcy in Virginia

Choosing the right chapter is the most important early decision in your case. The two chapters work differently and serve different financial situations.

Chapter 7 (Liquidation) eliminates most unsecured debt — credit cards, medical bills, personal loans — in as little as 90 days. To qualify, you must pass Virginia’s means test, which compares your income to the Virginia median. Most consumer filers qualify. Chapter 7 does not stop a foreclosure long-term, but the automatic stay provides immediate, temporary relief while you assess your options.

Chapter 13 (Reorganization) lets you keep property you would otherwise lose — including a home in foreclosure — by repaying a portion of your debt over a 3–5 year court-approved plan. It is the right choice when you have regular income, secured assets worth protecting, or debts that cannot be discharged in Chapter 7 (such as certain tax debt or domestic support arrears). Merna Law clients filing Chapter 13 are assigned a standing trustee based on where they file.

Not sure which applies to you? A free phone consultation with one of our attorneys takes about 15 minutes and will tell you exactly where you stand. Call 1-800-662-8813.

Virginia Bankruptcy Exemptions

Virginia exemptions determine what property you keep when you file bankruptcy. Virginia does not allow filers to use the federal exemptions — you must use Virginia’s state exemptions. Key exemptions available to Virginia residents include:

• Homestead / Wildcard exemption (Va. Code § 34-4): Protects equity in real or personal property. The amount is set by Virginia statute — verify current figures before filing, as the legislature may adjust them. Note: a homestead deed is no longer required to be filed in Virginia bankruptcies to claim this exemption.
• Motor vehicle: A limited exemption applies to equity in one vehicle. Verify current figure against Virginia Code Title 34.
• Retirement accounts: IRAs, 401(k)s, pensions, and most qualified retirement accounts are fully exempt under both Virginia law and federal bankruptcy law.
• Wildcard (personal property): Additional protection available for household furnishings, clothing, and other personal property up to statutory limits.
• Tools of the trade: Equipment necessary for your occupation is protected up to the statutory limit.
• Life insurance: Group life insurance proceeds and certain individual policies are protected.

Exemption planning is one of the most consequential parts of a Virginia bankruptcy filing. A misstep can cost you property you could have kept. Our attorneys review your specific asset picture before filing.

Virginia Bankruptcy Attorneys — Serving All of EDVA

Merna Law files bankruptcy cases across the Eastern District of Virginia from offices in Virginia Beach bankruptcy attorney, Newport News bankruptcy office, and Richmond bankruptcy office. We serve clients throughout the following communities:

Hampton Roads

The Hampton Roads region is served through the Norfolk and Newport News Divisions of the Eastern District of Virginia. Our Virginia Beach office handles the majority of Hampton Roads filings.

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Richmond Metro

Richmond-area filers are handled through the Richmond Division. Our Richmond office serves the greater metro area including the Tri-Cities, western suburbs, and surrounding counties.

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Fredericksburg & Northern Neck

Clients in the Fredericksburg corridor and surrounding counties file through the Richmond Division of EDVA.

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