How To File Bankruptcy for Free in Virginia (2025 Guide)

By Talk About Debt Team
Reviewed by Ben Jackson
Last Updated: February 17, 2026
12 min read
The Bottom Line

Filing Chapter 7 bankruptcy in Virginia eliminates credit card debt, medical bills, and payday loans without hiring an attorney. You can complete the process yourself by gathering required documents, taking court-approved courses, and filing forms with your local bankruptcy court. Many Virginians qualify for fee waivers and keep most or all of their property through state exemptions.

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Filing Chapter 7 Bankruptcy in Virginia

Struggling with debt? Chapter 7 bankruptcy may be your path to a fresh start. Bankruptcy erases many common debts like credit cards, medical bills, and payday loans. It stops collection calls, wage garnishments, and lawsuits immediately when you file.

You don’t need a lawyer to file Chapter 7. Many Virginians handle the process themselves. This guide walks you through every step.

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Step-by-Step Filing Process

  1. Collect your Virginia bankruptcy documents
  2. Take a credit counseling course
  3. Complete the bankruptcy forms
  4. Get your filing fee
  5. Print your bankruptcy forms
  6. File with the Virginia bankruptcy court
  7. Mail documents to your trustee
  8. Take a debtor education course
  9. Attend your 341 meeting
  10. Deal with your car

Collect Your Virginia Bankruptcy Documents

Before filing Chapter 7 bankruptcy in Virginia, gather key documents. These show your recent income, tax history, and bank activity.

Required documents include:

  • Pay stubs from the past six months
  • Federal tax returns from the last two years
  • A bank statement covering the day you file

Helpful additional documents:

  • Bank statements from the past 6-12 months
  • Recent bills, loan statements, or collection letters
  • A current credit report

Download a free credit report from each bureau at AnnualCreditReport.com.

You may need additional documents after filing. Respond quickly to keep your case on track.

Take a Credit Counseling Course

You must complete a credit counseling course before filing. This short class helps you understand your financial options.

You can take the course online, by phone, or in person. Most people complete it online from home.

Key points to remember:

  • Use a court-approved provider
  • Cost ranges from $10-$50
  • Request a fee waiver if needed
  • Must be taken within 180 days before filing

You’ll receive a certificate of completion after finishing. File this certificate with your bankruptcy paperwork. Missing certificates can cause dismissal.

Complete the Bankruptcy Forms

Chapter 7 bankruptcy uses federal forms nationwide. Download free fillable PDFs at UScourts.gov. Forms include details about your income, debts, property, and finances.

Some districts require local forms specific to your court. Check the Virginia Districts section below for requirements.

Working with a lawyer? You’ll fill out a questionnaire. They’ll prepare and submit forms for you.

Get Your Filing Fee

The Chapter 7 filing fee is $338. Request a fee waiver if your income falls below 150% of federal poverty guidelines. Many self-filers qualify.

Without a fee waiver approval, request an installment plan. Paying in installments helps if you need immediate filing protection.

The automatic stay stops creditor collection efforts as soon as you file. It halts wage garnishments, lawsuits, and collection calls.

Approved payment plans typically allow four installments over 90 days. Missing payments could dismiss your case without debt discharge.

Filing without a lawyer in Virginia usually requires printed forms. Submit them in person or by mail. Some courts offer online filing.

Follow these printing guidelines:

  • Use white letter-size paper (8.5″ x 11″)
  • Print single-sided in black ink
  • Don’t staple or hole-punch forms

Review each page and sign everywhere required. Signatures appear in multiple spots.

Print an extra copy for your records. The clerk can stamp your case number on it.

A checklist helps you stay organized before filing.

File Your Forms With the Virginia Bankruptcy Court

Virginia has two bankruptcy districts: the Eastern District and the Western District. File with the court serving your residential district.

File forms by mail or in person regardless of location. Many choose in-person filing for immediate clerk feedback.

Mailing forms works if you can’t visit the courthouse. Send via certified mail for delivery proof.

Western District self-filers may file online using eSR (Electronic Self-Representation). More details appear in the districts section.

Mail Documents to Your Trustee

After filing, the court assigns a bankruptcy trustee to your case. Trustees verify paperwork completeness and accuracy. They handle property issues, though most Chapter 7 filers keep everything.

Before your 341 meeting, send your trustee:

  • Two most recent federal tax returns
  • Bank statement including your filing date
  • Photo ID copy (driver’s license or state ID)
  • Social Security number proof (card, W-2, or pay stub)
  • Current income proof (recent pay stub)

Send documents at least 14 days before your 341 meeting. Include a note if something’s missing.

You’ll receive trustee contact information in a court notice. Some trustees request extra documents. Respond promptly to prevent delays.

Take a Debtor Education Course

Complete a debtor education course before debt discharge. This class focuses on money management skills. Learn budgeting and credit use for stronger financial futures.

Course requirements:

  • Required for discharge (court order erasing debts)
  • Use a court-approved provider
  • Complete within 60 days after your 341 meeting
  • Submit your completion certificate to court

Missing deadlines or forgetting certificates may dismiss your case. Complete this step timely for debt clearance.

Attend Your 341 Meeting

About a month after filing, attend your 341 meeting (meeting of creditors). All cases require attendance. Most find it simple and quick.

Most 341 meetings happen via Zoom videoconference. You won’t see a judge or enter a courtroom. Typically just you and your trustee appear. Creditors rarely attend.

The trustee places you under oath during the meeting. They ask simple questions confirming paperwork details. Follow-up questions may clarify information. Meetings typically last 10 minutes or less.

Show two documents during your meeting:

  • Government-issued photo ID (driver’s license or passport)
  • Social Security number proof (card, W-2, or pay stub)

After your 341 meeting, you’re closer to official debt discharge.

Deal With Your Car

Many worry about losing vehicles in Chapter 7 bankruptcy. Good news: most Virginia filers keep their cars.

Keeping your car depends on its value, payment status, and exemption protection. Exemptions are legal protections for certain property up to set dollar amounts. Equity means the car portion you own outright (value minus outstanding loans).

Your options:

If you’re paying off a car loan: Keep the car by staying current on payments with protected equity. Virginia protects up to $10,000 of car equity.

Two methods:

  • Reaffirming the loan: Sign a reaffirmation agreement to keep making regular payments. Common for current payments and reliable vehicles.
  • Redeeming the car: Pay current market value in one lump sum. Clears the loan and keeps the car. Redemption helps if you owe more than it’s worth. Rare since most can’t afford up-front costs. Lenders must approve redemption.

If you don’t want the car or can’t afford payments: Surrender it. Give the car back to the lender and wipe out remaining loan balance. Smart choice if the car is worth less than owed.

If you lease your car: Tell the court whether you’ll continue the lease or return the vehicle.

Ready to explore Chapter 7 bankruptcy? Speak with a bankruptcy attorney for free to discuss your options.

Virginia Bankruptcy Means Test

To qualify for Chapter 7 bankruptcy, pass the means test. This test examines your income and expenses for eligibility.

The means test has two parts:

Step 1: Compares your average monthly income to median income for your household size in Virginia. Below-median income means you pass. Many qualify here.

Step 2: Above-median income requires the second part. This examines allowable expenses determining disposable income (amount left after subtracting allowed monthly expenses). Insufficient funds to repay debts may still qualify you for Chapter 7.

Median Income Levels for Virginia

Virginia median income standards vary by household size. Check current income limits for your household size. Income below these thresholds typically qualifies you for Chapter 7.

Poverty Levels for Virginia

Income below 150% of poverty level qualifies you for fee waivers. Virginia poverty levels determine fee waiver eligibility. Common household sizes have these monthly limits:

  • 1 person: $1,882.50
  • 2 people: $2,555.00
  • 3 people: $3,227.50
  • 4 people: $3,900.00

Virginia Districts & Filing Requirements

Virginia has two bankruptcy districts: Eastern and Western. Each district divides into divisions. Your county determines your district and division.

Districts have unique local rules for submitting paperwork and paying fees. Some require special local forms beyond national bankruptcy forms.

Finding Your District and Division

Eastern District divisions:

  • Alexandria: Arlington, Fairfax, Fauquier, Loudoun, Prince William, Stafford
  • Newport News: Gloucester, James City, Mathews, York
  • Norfolk: Accomack, Isle of Wight, Northampton, Southampton
  • Richmond: Amelia, Brunswick, Caroline, Charles City, Chesterfield, Dinwiddie, Essex, Goochland, Greensville, Hanover, Henrico, King and Queen, King George, King William, Lancaster, Lunenburg, Mecklenburg, Middlesex, New Kent, Northumberland, Nottoway, Powhatan, Prince Edward, Prince George, Richmond, Spotsylvania, Surry, Sussex, Westmoreland

Western District divisions:

  • Roanoke: Bland, Botetourt, Buchanan, Carroll, Craig, Dickenson, Floyd, Franklin, Giles, Grayson, Lee, Montgomery, Pulaski, Roanoke, Russell, Scott, Smyth, Tazewell, Washington, Wise, Wythe
  • Lynchburg: Abermarle, Amherst, Appomattox, Bedford, Buckingham, Campbell, Charlotte, Culpepper, Cumberland, Fluvanna, Greene, Halifax, Henry, Louisa, Nelson, Orange, Patrick, Pittsylvania
  • Harrisonburg: Alleghany, Augusta, Bath, Clarke, Highland, Madison, Page, Rappahannock, Rockbridge, Rockingham, Shenandoah, Warren

Eastern District of Virginia Requirements

Filing without a lawyer? Submit paperwork in person or by mail. Four court divisions serve different counties. Use the correct address for your location.

Alexandria Division:

U.S. Bankruptcy Court
200 S. Washington St.
Alexandria, VA 22314-5405

Newport News Division (in person):

U.S. Bankruptcy Court
2400 West Avenue
Newport News, VA 23607

Newport News Division (mail to Norfolk):

U.S. Bankruptcy Court
600 Granby Street, Room 400
Norfolk, VA 23510-1915

Norfolk Division:

U.S. Bankruptcy Court
600 Granby Street, Room 400
Norfolk, VA 23510-1915

Richmond Division:

U.S. Bankruptcy Court
701 East Broad Street, Suite 4000
Richmond, VA 23219

Additional Requirements & Filing Fee Information

Include a creditor matrix using specific formatting. List everyone you owe with mailing addresses. Submit a signed Creditor Matrix Cover Sheet.

The court created a how-to guide for self-filers (pro se). The Eastern District uses its own versions of some national forms. Find all local forms and instructions on the court’s website.

Pay filing fees with money order or cashier’s check to Clerk, U.S. Bankruptcy Court. Request a payment plan if needed. Approved plans allow up to 120 days and four payments.

No credit cards, cash, or personal checks accepted.

Western District of Virginia Requirements

Filing pro se? Submit paperwork in person, by mail, or online. Three court divisions serve different counties.

Roanoke Division:

U.S. Bankruptcy Court
210 Church Ave., Room 200
Roanoke, VA 24011

Lynchburg Division (file with Roanoke):

The Lynchburg courthouse handles hearings only. No Clerk’s Office on site. Lynchburg Division residents file with Roanoke Division.

U.S. Bankruptcy Court
210 Church Ave., Room 200
Roanoke, VA 24011

Harrisonburg Division:

U.S. Bankruptcy Court
116 N. Main St., Room 223
Harrisonburg, VA 22802

Online filing option: The Western District offers Electronic Self-Representation (eSR) for online filing. Free system walks you through preparation and submission. Complete within 45 days.

After submitting eSR online, mail or hand-deliver to court:

  • Signed Declaration form and SSN Statement (emailed after eSR submission)
  • Filing fee, payment plan request, or fee waiver application
  • Credit counseling certificate copy

Your case isn’t officially filed until the court receives these documents. No case number or creditor protection until processing.

Additional Requirements & Filing Fee Information

Include a creditor mailing matrix using specific formatting. List everyone you owe with mailing addresses.

Find all local forms and instructions on the court’s website.

Pay filing fees with money order, cashier’s check to Clerk, U.S. Bankruptcy Court, or exact cash (in person only). Request a payment plan if needed. Approved plans allow up to 120 days and four payments.

No credit cards or personal checks accepted.

Virginia Bankruptcy Exemptions

When filing Chapter 7 bankruptcy, exemptions protect essential items for your fresh start. Items include your home, car, and everyday belongings. Virginia residents use state exemption laws after living in-state for two years. Federal exemptions aren’t available.

Key exemptions include:

  • Homestead exemption: Protects up to $50,000 home equity. Non-homeowners apply this amount to other property like cars or bank accounts.
  • Vehicle exemption: Protects up to $10,000 equity in one motor vehicle.
  • Wildcard exemption: Unused homestead exemption for real estate protects other personal property instead.

Federal non-bankruptcy exemptions may protect you. Coverage includes Social Security benefits, veterans’ benefits, and certain pensions nationwide.

Virginia Bankruptcy Lawyer Cost

Hiring a bankruptcy attorney in Virginia? Chapter 7 cases typically cost $1,000-$1,500. Costs vary by location and case complexity.

Cost isn’t the only factor. Consider experience, availability, and connection when choosing an attorney.

Not comfortable filing alone and can’t afford a lawyer? Help remains available. Legal aid organizations offer free or low-cost legal help for low-income individuals. These nonprofits assist with civil legal matters including bankruptcy.

Legal aid lawyers understand bankruptcy. They help fill out forms, answer questions, or represent you in court. Qualifying makes this a great option without high costs.

Blue Ridge Legal Services, Inc.
(540) 433-1830
204 North High Street, P.O. Box 551, Harrisonburg, VA 22803

Central Virginia Legal Aid Society, Inc.
(804) 648-1012
101 West Broad Street, Suite 101, Richmond, VA 23220

Legal Aid Society of Eastern Virginia
(757) 627-5423
199 Armistead Avenue, Williamsburg, VA 23185

Legal Services of Northern Virginia, Inc.
(703) 778-6800
10700 Page Avenue, Suite 100, Fairfax, VA 22030

Southwest Virginia Legal Aid Society, Inc.
(276) 783-8300
227 West Cherry Street, Marion, VA 24354

Virginia Legal Aid Society, Inc.
(434) 528-4722
513 Church Street, P.O. Box 6200, Lynchburg, VA 24505

Frequently Asked Questions

What is the Virginia bankruptcy means test?

The means test determines Chapter 7 eligibility by comparing your income to Virginia's median income levels. If your household income falls below the median for your family size, you automatically qualify. Above-median filers must pass a second test examining allowable expenses and disposable income.

How do I qualify for a bankruptcy fee waiver in Virginia?

You qualify for a fee waiver if your household income is below 150% of the federal poverty level. For example, a single person earning less than $1,882.50 monthly qualifies. If denied, you can request a payment plan with up to four installments over 120 days.

Can I keep my car when filing bankruptcy in Virginia?

Most Virginia filers keep their vehicles. You can protect up to $10,000 in car equity using the vehicle exemption. If you're current on payments, you can reaffirm the loan to keep the car. You can also redeem the car by paying its current value in a lump sum, or surrender it to eliminate the debt.

What documents do I need to file Chapter 7 bankruptcy in Virginia?

You need pay stubs from the past six months, federal tax returns from the last two years, and a bank statement covering your filing date. Additional helpful documents include recent bills, loan statements, collection letters, and a current credit report from AnnualCreditReport.com.

How long does the Chapter 7 bankruptcy process take in Virginia?

The entire Chapter 7 process typically takes 3-6 months from filing to discharge. Your 341 meeting occurs about one month after filing. You must complete the debtor education course within 60 days after your 341 meeting to receive your final discharge order.