Ms. Morgan specializes in Consumer Bankruptcy, representing individuals and entities under Chapter 7 and Chapter 13 of the Bankruptcy Code. She is dedicated to assisting people who are facing extreme financial hardship and is a willing counselor throughout the Bankruptcy process for her clients. Ms. Morgan offers FREE initial bankruptcy consultations. [View our Bankruptcy Page]
While Ms. Morgan now practices exclusively in the area of Bankruptcy, she has a variety of legal experience. She is actively licensed in Alaska and Colorado in both state and federal courts in addition to Virginia state courts and the United States Bankruptcy Court in the Western District of Virginia. Ms. Morgan focused her practice in her prior states in the area of Family Law, specializing in representing individuals in divorce and custody proceedings. She has successfully litigated a multitude of domestic relations matters, civil disputes, and contested bankruptcy proceedings. In addition, Ms. Morgan has experience representing clients in areas of the law ranging from criminal defense to personal injury to administrative proceedings.
Ms. Morgan is excited to call Central Virginia her home and resides in Greene County with her husband and three children.
Several Important Questions and Answers:
Will I lose my house or vehicle if I file a bankruptcy under Chapter 7 or Chapter 13?
Most individuals who file a bankruptcy under Chapter 7 or Chapter 13 will not lose their house or vehicle because of the bankruptcy filing. You will lose your house or car if there is a mortgage or vehicle lien on those items and you fail to keep the payments current or fail to properly insure those items. You are allowed to protect from the bankruptcy process a certain amount of equity in a house or car through what are called bankruptcy exemptions. For most of the individuals filing for bankruptcy, these exemptions are adequate to allow an individual filing for bankruptcy to keep his or her care or house.
What debts will be eliminated by a bankruptcy?
If everything proceeds well with your individual bankruptcy, you will receive a discharge of certain debts from the bankruptcy court at the end of your bankruptcy. A discharge of debts will generally extinguish credit card debt, medical bills, unsecured loans, and many other types of debts. A discharge in bankruptcy will generally not relieve you of paying a mortgage or car loan if you keep those items. A discharge of debts will also generally not relieve you of paying alimony, maintenance, child support, student loans, taxes, claims from creditors based upon a fraudulent act by you, and criminal restitution and driving accidents caused by drugs or alcohol. In certain, limited cases, income tax may be eliminated by a discharge of debts.
If I file for bankruptcy, is my credit ruined forever?
No. If you otherwise keep you credit clean after the filing of bankruptcy, your credit will be largely rehabilitated in about one to three years after you receive the discharge of debts in bankruptcy. If you have kept your credit clean since the bankruptcy filing, your credit will probably be better in two years after the issuance of the discharge than it would have been had you not filed for bankruptcy, but retained your unpaid bills. There are also steps you can and should actively take to rebuild your credit after a bankruptcy.
If I file for bankruptcy, does my spouse have to file bankruptcy with me?
No. Nonetheless, there are a myriad of situations where it is advisable for both spouses to file a bankruptcy together. These situation include, but are not limited to: when the spouses hold significant joint debt, apart form a mortgage or car loan; when the spouse seeking bankruptcy protection has incurred emergency medical debt; or where the spouses owe joint tax obligations. If they both owe on joint credit card debt, and only one spouse files for bankruptcy, the credit card company will demand payment from the spouse not filing for bankruptcy. There are also several other instances your attorney can and should discuss with you regarding whether both or just one spouse should file for bankruptcy that are very specific and therefore any on that topic must be individualized to meet your needs.
If you are struggling financially and would like to sit down with someone who will work with you to find relief, give Tucker Griffin Barnes a call today to schedule a Free Initial Consultation with Shannon Morgan.
We have three offices conveniently located in Charlottesville, Palmyra (Across from Food Lion), and Harrisonburg, Virginia.
For more information, visit our Bankruptcy and Consumer Protection Matters page.