Chapter 13

Chapter 13 Bankruptcy Attorney in Staunton

Debt Reorganization for Staunton Residents Who Want to Keep What They’ve Built

Chapter 13 bankruptcy gives individuals with regular income a way to restructure what they owe and repay it over three to five years, without surrendering a home, vehicle, or other property. At Tucker Griffin Barnes P.C. Attorneys At Law, attorney Lynn A. Bradley handles Chapter 13 cases for clients throughout Staunton and Central Virginia, backed by a collaborative legal team with over 30 years of history in this community. When you sit down with us, we take the time to understand your full financial picture before recommending any path forward.

The automatic stay that takes effect the moment a Chapter 13 petition is filed can halt wage garnishment, creditor collection calls, and foreclosure proceedings. For many Staunton residents, that immediate relief is what makes it possible to think clearly about next steps.

A free, confidential consultation with our bankruptcy team carries no obligation. Call us at (540) 328-2808 to schedule yours.

What Sets Tucker Griffin Barnes P.C. Attorneys At Law Apart for Chapter 13 Cases

We work to keep our rates lower than comparable firms in the area because debt problems shouldn’t be compounded by legal fees that are out of reach. Our offices are designed with clients in mind: phone calls are returned promptly, and if you’re bringing children along, there’s space for them too. When a client can’t make it to the office due to illness or other circumstances, our attorneys can come to them at home or at the hospital.

Most of our attorneys concentrate in one or two areas of law, so the attorney working on your bankruptcy matter is focused on bankruptcy, not splitting attention across a dozen unrelated practice areas. At the same time, our firm is large enough that attorneys across disciplines can collaborate when a client’s situation calls for it. Our attorneys and staff live and work in Staunton and the surrounding communities, and that connection shapes how we approach every client relationship.

Schedule Your Chapter 13 Consultation Today

If debt has become overwhelming and you’re looking for a way forward that protects what matters most, our legal team is ready. We can answer your questions, address your concerns, and can walk you through every step of the paperwork and filing process.

Initial consultations are free and confidential. Call Tucker Griffin Barnes P.C. Attorneys At Law at (540) 328-2808 to speak with a member of our bankruptcy team.

How Chapter 13 Differs From Chapter 7 Bankruptcy

Chapter 7 discharges eligible debt outright, but it may require liquidating certain assets to satisfy creditors. Chapter 13 takes a different approach: rather than eliminating debt immediately, it reorganizes what you owe into a structured repayment plan that fits your income and expenses, and you keep your property throughout the process.

That distinction matters most when a home or vehicle is at stake. Chapter 13 may allow filers to catch up on missed mortgage or car payments and avoid losing the property rather than surrendering it or facing foreclosure. It can also address non-dischargeable debts such as child support arrears, which Chapter 7 cannot resolve. Chapter 13 is available only to individuals, not business entities.

Debts addressed under a Chapter 13 plan fall into two categories:

Unsecured debts such as credit card balances and medical bills
Secured debts such as mortgages and vehicle loans, where a creditor holds a claim against specific property

Who Qualifies for Chapter 13 in Virginia

Chapter 13 doesn’t use an income-based means test to disqualify filers the way Chapter 7 does. The core requirements are a regular source of income sufficient to fund a repayment plan and total debt within federal limits. That income can come from employment, a pension, Social Security, or other consistent sources. Filers must also be current on state and federal tax returns for the four years prior to filing.

Eligibility depends on the specifics of each person’s financial situation, which is why we review each client’s circumstances at the initial meeting. If Chapter 13 isn’t the right fit, we’ll say so and explain what other options may provide more benefit.

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The Chapter 13 Filing Process in Virginia

Chapter 13 cases for Staunton-area residents are filed in the U.S. Bankruptcy Court for the Western District of Virginia. The court filing fee is $313, and eligible filers can pay that amount in installments rather than all at once. Federal law also requires completing an approved credit counseling course before the petition is filed. We guide clients through both steps so nothing is missed before filing.

Within 14 days of filing the petition, you must submit a repayment plan to the court detailing how much will be paid to each creditor and on what schedule. A bankruptcy trustee reviews the plan to confirm it meets the requirements of the federal bankruptcy code, and a judge may also review it before approval. We help develop a plan structured to satisfy those requirements while working within your actual budget.

Our role doesn’t end at filing. From the initial petition through plan approval, our team is with you at every stage, including preparing documentation, communicating with the trustee, and addressing any objections that arise. One practical consideration when weighing your options: A Chapter 13 bankruptcy typically remains on a credit report for seven years from the filing date, compared to 10 years for Chapter 7.

If you’re facing foreclosure, mounting debt, or creditor pressure, a chapter 13 bankruptcy attorney at Tucker Griffin Barnes P.C. Attorneys At Law can help you evaluate whether debt reorganization is the right move. Call (540) 328-2808 for a free, confidential consultation.

Hear What Our Clients Say

“I would definitely recommend Christopher Bibb to anyone!”
I would definitely recommend Christopher Bibb to anyone! He is very friendly and professional. He answers emails and calls within the same day. My family law case was a little unique and threw a curve ball towards the end. But he was ready for the challenge.

- Felecia T.
“Courteous, professional, & provides timely updates & is very accessible.”
I would absolutely recommend Christopher Bibb to everyone! He recently represented me in a family law matter, and I was HIGHLY impressed! He is courteous, and professional, provides timely updates, and is very accessible. He always took time to address any questions/ concerns I had along the way. I truly appreciated his attention to detail and the fact that he was always prepared for anything. I cannot thank him enough!

- Jennifer M.
“They took care of literally EVERY stressful problem/question/concern I had & made it that much easier on me!”
I was in a motorcycle accident the day before Father’s Day in 2023 and the outcome would have been over a million dollar case but because of some circumstances, I was facing debt well over $500,000 and I would have been forced to file bankruptcy! Matthew Westmoreland got it to where ALL of my medical bills were covered at UVA AND worked his magic and somehow made it so that I actually got a settlement check (no matter how big or little the check was), I HIGHLY recommend Matthew Westmoreland 1,000 times over!!! And he took care of literally EVERY stressful problem/question/concern I had and made it that much easier on me! Thank you Matthew Westmoreland for EVERYTHING!

- Mandi L.
“Highly Recommended!”
I highly recommend Yvonne Griffin and her staff. Not only did they get me a great settlement and they also got my medical liens reduced, which meant more money for my family.

- Personal Injury Client
“Yvonne Griffin was a compassionate person & hands-on!”
Yvonne Griffin represented me in a car accident that required many months of hands-on attention. She was a compassionate person always taking into consideration my limited ability from my brain injury, but not making me feel inferior. I highly recommend Yvonne. She is a true professional.

- Personal Injury Client
“Worked hard to help me & I’m very grateful!”
Thank you for taking my ‘small’ case. I know you all worked hard to help me and I’m very grateful for all you did for me.

- Personal Injury Client
“Yvonne Griffin is a fearless trial attorney!”
Yvonne Griffin is a fearless trial attorney with significant courtroom experience.

- Personal Injury Client
“Yvonne Griffin is an extremely smart lawyer!”
Yvonne Griffin is an extremely smart lawyer. Her years of experience were on prime display as she worked through every difficult problem with my car accident case. I couldn’t have asked for a better lawyer.

- Personal Injury Client

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We promptly return phone calls, provide play areas for your children during office visits, and when you need us, we'll visit you at home or at the hospital.
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Expertise matters. Most of our attorneys concentrate in only one or two areas of the law.
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