Chapter 13 Bankruptcy Trustee

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(434) 817-9913Call Visit WebsiteVisit Website Map & DirectionsDirections123 E Main StCharlottesville, VA 22902 Write a ReviewWrite Review

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Mon - Fri:	9:00 am - 5:00 pm

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Beskin Herbert L Chapter 13 Trustee

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http://www.cvillech13.net

https://ch13mn.com

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Bankruptcy Law Attorneys, Adoption Law Attorneys, Attorneys, Bankruptcy Services, Business Law Attorneys, Child Custody Attorneys, Corporation & Partnership Law Attorneys, Criminal Law Attorneys, Divorce Attorneys, Family Law Attorneys, Foreclosure Services, Personal Injury Law Attorneys, Tax Attorneys

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Phone: (434) 817-9913

Address: 123 E Main St, Charlottesville, VA 22902

Website: http://www.cvillech13.net

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Chapter 13 Bankruptcy Trustee

Divorce
Child Support
5. DSO Letters: At the beginning of the case, the Trustee is required by BAP&CPA to send a notice to any DSO (Domestic Support Order) payee and the state agency in charge of collecting child support to alert them to the case and certain information about the debtor. [
Child Custody and Visitation
(f.) Line 16 b: Household size: The Trustee will review multiple factors, including whether alleged dependents are claimed on tax returns; how long the group has been functioning as a family unit; whether the debtors are providing more than half of the person's support; and the Census Bureau's definition of family unit. Judge Krumm has denied a deduction for an 18-year old child living with the debtors. In re Kessee, #10-70465, 2010 ruling [no formal opinion]. He also held that a debtor cannot claim young children for whom he has visitation rights but not physical custody. In re Smallwood, #09-70529, 05-21-2009 decision. See also In re Tanya R. Johnson, 686 F.3d 224 (4th Cir. 07-11-2012 decision): It was not error for the lower court to use the "fractional economic unit" approach to determine household size for purposes of Form B22C [now 122-C1].
Adoption
Spousal Support
(6.) Other income sources: Provide the Trustee with appropriate third-party evidence of any other income or benefits received by the debtors: Food Stamps (SNAP), TANF, Unemployment Insurance, child or spousal support, Veterans' Benefits, etc.

Theft
Identity Theft
3. Credit report: Always obtain a copy of a current credit report for each debtor and review it with them. It is the best way to ensure that no debts have been omitted from the schedules, and to determine if the debtors are the victims of identity theft. A new federal law allows each person one free credit report each year. www.AnnualCreditReport.com

Business and Corporate Law

Corporate Law
First: go to FDIC.gov to find out if the bank is federally insured (you only need to fill in the name, it will give you choices). This will tell you if the bank is insured, or if there is a successor institution, and give the "official address." Second: Google the bank name and "investor relations" or "corporate governance." The list of the Board of Directors including the CEO should appear on a letter or in the yearly report. (Serve the CEO at the official address by certified mail, then any other address - from a proof of claim etc.).

Personal Injury
(1.) "Disclose, disclose, disclose": when in doubt, put something in the schedules. E.g.: equitable/contractual interests in real property or vehicles; all bank accounts or sources of income, no matter how small; personal injury claims; "uncollectible" debts; possibly imminent inheritances.

Bankruptcy
From October 1, 2003, Herbert L. Beskin served as the Chapter 13 Bankruptcy Trustee for the Harrisonburg, Staunton, Lynchburg, and Charlottesville divisions of the Western District of Virginia. Angela M. Scolforo became the Trustee for these divisions on April 1, 2023. From 1981 until June, 2013, Judge William Anderson heard all cases in the Charlottesville and Lynchburg Divisions of the Western District of Virginia. From 1985 until August, 2012, Judge Ross W. Krumm heard all cases in the Staunton and Harrisonburg Divisions. Judge Krumm retired in August, 2012, and Judge Anderson died suddenly in June, 2013. Since June, 2013, Judge Rebecca Connelly has been hearing all Chapter 13 cases in Charlottesville, Lynchburg, and Harrisonburg (Court is no longer held in Staunton; all Staunton cases are heard in Harrisonburg). [Judge William Stone heard cases in Roanoke and Abingdon from 2001 until December, 2013, and Judge Paul Black has been hearing those cases since January, 2014. While they did not and do not hear cases administered by this office, this outline will cite opinions rendered by them.]
Foreclosure
(c.) Long Term Debt: Possessory Interest: Debtor's possessory interest in her real estate even after a completed foreclosure sale is property of her estate, and her right to challenge the validity of the sale survived the bankruptcy filing. In re Rachel Ulrey, Bankr. W.D. Va. #13 70645, 06-02-2014 opinion (Black).
Tax Law

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