How To File Bankruptcy for Free in Virginia
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Filing Chapter 7 bankruptcy in Virginia can help you wipe out unsecured debts like credit cards, medical bills, and payday loans — and stop collection efforts immediately. You don’t need to hire a lawyer to file, and many Virginians go through the process on their own. This guide walks you through every step, from gathering documents and taking the required credit counseling course to filing your forms and attending your 341 meeting.
Written by Attorney Andrea Wimmer.
Updated September 2, 2025
How To File Bankruptcy for Free in Virginia
If you're struggling with debt, filing for Chapter 7 bankruptcy may be your way to a fresh start. Bankruptcy can erase many common debts, like credit cards, medical bills, payday loans, and old utility bills. It also stops collection calls, wage garnishments, and most lawsuits as soon as you file.
You don’t have to hire a lawyer to file Chapter 7. Many people in Virginia do it on their own. This guide walks you through the full process step by step.
Note: Upsolve’s free Chapter 7 filing tool isn’t currently available for Virginia residents. We can help you set up a free consultation with a local bankruptcy attorney, or you can view legal aid resources at the end of this article.
Collect Your Virginia Bankruptcy Documents
Before you can file for Chapter 7 bankruptcy in Virginia, you’ll need to gather some key documents that show your recent income, tax history, and bank activity to help confirm your eligibility.
The following are required:
Pay stubs from the past six months
Federal tax returns from the last two years
A bank statement that covers the day you file your bankruptcy case
📂 Many filers also gather extra paperwork to make the forms easier to complete and more accurate. Helpful documents include:
Bank statements from the past 6–12 months to track income and expenses
Recent bills, loan statements, or collection letters from creditors
A current credit report to make sure you don’t miss any debts
📃 You can download a free credit report from each of the three major credit bureaus at AnnualCreditReport.com.
In some cases, you may be asked to provide additional documents after you file. Responding quickly will help keep your case on track.
Take a Credit Counseling Course
To move forward with Chapter 7, you’ll need to complete a credit counseling course. This short class helps you understand your financial options so you can decide if bankruptcy is the right step.
💻 You can take the course online, by phone, or sometimes in person. Most people complete it online from home.
Some things to keep in mind:
You must use a court-approved provider.
The course usually costs $10–$50.
You can request a fee waiver if you can’t afford to pay.
It must be taken 180 days before you file.
📌 Once you finish the course, you'll receive a certificate of completion. This certificate must be filed with your bankruptcy paperwork. If it's missing, the court may dismiss your case, which means your bankruptcy won’t move forward.
Complete the Bankruptcy Forms
Chapter 7 bankruptcy uses federal forms, so they’re the same no matter where you live. You can download them for free as fillable PDFs at USCcourts.gov. These forms make up your official bankruptcy petition and include details about your income, debts, property, and financial history.
👉 Some districts also require local forms, which are specific to your court. You can find out which ones apply to you in the Virginia Districts & Filing Requirements section later in this guide.
📝 If you’re working with a lawyer, you’ll likely fill out a questionnaire for their office. They’ll use that information to prepare and submit the forms for you.
Get Your Filing Fee
The court filing fee for a Chapter 7 case is $338. If your income is below 150% of the federal poverty guideline, you can request a fee waiver. Many people who file on their own qualify for this option.
If the court doesn’t grant you a fee waiver, you can ask to pay the fee in installments instead of all at once. This can be especially helpful if you don’t have the money up front but need to file quickly to stop a wage garnishment, lawsuit, or other urgent collection action.
🛑 As soon as you file, the automatic stay takes effect, and creditors must pause all collection efforts.
⏳ If the court approves your payment plan, you’ll typically pay the fee in four installments over 90 days. Just be sure to stay on track with those payments. If you miss one, the court could dismiss your case without erasing your debts.
Print Your Bankruptcy Forms
If you’re filing for bankruptcy without a lawyer in Virginia, you’ll most likely need to print your forms and submit them in person or by mail. Some courts offer online filing for people filing on their own, but printed forms are still required in many cases.
Follow these printing best practices:
Use regular, white, letter-size paper (8.5” x 11”).
Print everything single-sided in black ink.
Don’t staple or hole-punch your forms.
✍️ Go through each page and make sure to sign everywhere a signature is required. There are several spots, and they’re easy to miss.
💡 Many people find it helpful to print an extra copy for their records. If you bring a spare set to the courthouse when you file, the clerk can stamp your case number on it so you’ll have a copy with proof of filing.
📋 A checklist can help you stay organized and make sure you have everything ready before you file.
File Your Forms With the Virginia Bankruptcy Court
Virginia is divided into two bankruptcy districts: the Eastern District and the Western District. You’ll file your bankruptcy forms with the court that serves the district where you live. We’ll cover the specific details for each district later in the Virginia Districts & Filing Requirements section of this guide.
🚶🏽➡️No matter where you live, you can file your forms by mail or in person. Many people choose to go in person so they can hand their paperwork directly to the court clerk. The clerk can let you know on the spot if anything’s missing, which can be a big relief after all the prep work.
It’s also okay to send your forms in the mail if you can’t make it to the courthouse in person. It’s best to send the forms via certified mail so you have proof of delivery.
💻 If you're filing without a lawyer and you live in the Western District, you may also have the option to file online using a system called eSR (Electronic Self-Representation). More on this later.
Mail Documents to Your Trustee
After you file your forms, the court will assign a bankruptcy trustee to your case. The trustee’s job is to make sure your paperwork is complete and correct. They also handle any property issues that come up, though most people who file Chapter 7 get to keep everything they own.
Before your 341 meeting (a quick review of your case with the trustee), you’ll need to send your trustee a few documents:
A copy of your two most recent federal tax returns
A bank statement that includes the date you filed your case
A copy of your photo ID (like a driver’s license or state ID)
Proof of your Social Security number (such as a Social Security card, a W-2, or a pay stub with your full number)
Proof of your current income, like a recent pay stub
📬 These documents should be sent at least 14 days before your 341 meeting. If you’re missing something, just include a short note explaining why.
You’ll get your trustee’s name and contact information in a notice from the court after you file. Some trustees ask for extra documents. Sending what they ask for right away can help prevent delays.
Take a Debtor Education Course
Before the court can wipe out your debts, you’ll need to take a second course called debtor education. This class focuses on basic money management skills, like budgeting and using credit wisely, to help you build a stronger financial future after bankruptcy.
📚 Here’s what to know about this course:
It’s required to receive your discharge (the court order that wipes out your debts).
You must take it from a court-approved provider.
You have 60 days after your 341 meeting to complete it (though some people choose to take it earlier).
You’ll need to submit your certificate of completion to the court.
⚠️ If you miss the deadline or forget to file your certificate, the court may dismiss your case without discharging your debts. Taking care of this step on time helps ensure your case moves forward and your debts are cleared.
Attend Your 341 Meeting
About a month after you file for bankruptcy, you’ll attend a short meeting called the 341 meeting or meeting of creditors. It’s required in every case. Most people find it simple, quick, and far less stressful than they expected.
💻 Most 341 meetings happen via Zoom videoconference, not in person. You won’t see a judge or go into a courtroom. In most cases, it’s just you and your trustee on the video call. Creditors are allowed to attend, but they rarely do.
During the meeting, the trustee will place you under oath and ask a few simple questions to confirm the details in your paperwork. They may ask follow-up questions if anything needs clarification, but the whole meeting typically lasts 10 minutes or less.
🪪 You’ll need to show two documents during your meeting:
A government-issued photo ID (like a driver’s license or passport)
Proof of your Social Security number (such as your Social Security card, W-2, or pay stub with your full SSN)
🎉 Once your 341 meeting is done, you’re one step closer to getting your debts officially erased.
Deal With Your Car
Many people worry they’ll lose their car if they file for Chapter 7 bankruptcy. The good news is that many filers in Virginia are able to keep their vehicles.
Whether you can keep your car depends on a few things: how much it’s worth, whether you’re still making payments, and whether you can protect it using something called an exemption.
💡 Exemptions are legal protections that let you keep certain property (like your car) up to a set dollar amount. Equity is the part of the car you own outright. It’s the value of the car minus what you still owe on it, if anything.
Here’s a look at your general options:
🚗 If you’re still paying off your car loan, you can usually keep the car as long as you're current on payments and your equity is protected. Virginia allows you to protect up to $10,000 of car equity.
You can do this in two ways:
Reaffirming the loan by signing a reaffirmation agreement. This means you agree to keep making your regular payments to keep the car. It’s a common option if you're current on payments and the car works well for your needs.
Redeeming the car by paying its current market value in one lump sum. This clears the loan and lets you keep the car. Redemption can be helpful if you owe more than it’s worth, but it’s rare since most people can’t afford the up-front cost. Also, the lender must approve the redemption.
If you don’t want to keep the car or can’t afford the payments, you can surrender it. This means giving the car back to the lender and wiping out the remaining loan balance. It can be a smart choice if the car is worth less than what you owe.
If you lease your car, you’ll need to tell the court if you want to continue the lease or return the vehicle. Learn more in Upsolve’s Guide to Leases.
Virginia Bankruptcy Means Test
To qualify for Chapter 7 bankruptcy, you’ll need to pass something called the means test. This test looks at your income and expenses to see whether you’re eligible to have your debts wiped out in a Chapter 7 case.
The means test has two parts:
Step 1: This step compares your average monthly income to the median income for a household of your size in Virginia. If your income is below the median, you pass the means test and can file for Chapter 7. Many people qualify at this step.
Step 2: If your income is above the median, you’ll move on to the second part of the test. This step looks at your allowable expenses to determine your disposable income — what’s left after subtracting allowed monthly expenses. If there’s not enough left over to repay your debts, you may still qualify for Chapter 7.
The second step can get legally complex, so it’s best to speak with a bankruptcy attorney if you reach this point. Upsolve can help you set up a free consultation with a local bankruptcy lawyer.
Median Income Levels for Virginia
Virginia Median Income Standards for Means Test for Cases Filed In 2025 | ||
|---|---|---|
| Household Size | Monthly Income | Annual Income |
| 1 | $6,451.67 | $77,420.00 |
| 2 | $8,152.75 | $97,833.00 |
| 3 | $9,775.00 | $117,300.00 |
| 4 | $12,132.08 | $145,585.00 |
| 5 | $13,057.08 | $156,685.00 |
| 6 | $13,982.08 | $167,785.00 |
| 7 | $14,907.08 | $178,885.00 |
| 8 | $15,832.08 | $189,985.00 |
| 9 | $16,757.08 | $201,085.00 |
| 10 | $17,682.08 | $212,185.00 |
Poverty Levels for Virginia
Virginia Fee Waiver Eligibility for Cases Filed In 2025Eligible for fee waiver when under 150% the poverty level. | ||
|---|---|---|
| Household Size | State Poverty Level | Fee Waiver Limit (150% PL) |
| 1 | $1,255.00 | $1,882.50 |
| 2 | $1,703.33 | $2,555.00 |
| 3 | $2,151.67 | $3,227.50 |
| 4 | $2,600.00 | $3,900.00 |
| 5 | $3,048.33 | $4,572.50 |
| 6 | $3,496.67 | $5,245.00 |
| 7 | $3,945.00 | $5,917.50 |
| 8 | $4,393.33 | $6,590.00 |
| 9 | $4,841.67 | $7,262.50 |
| 10 | $5,290.00 | $7,935.00 |
Virginia Districts & Filing Requirements
Virginia is divided into two bankruptcy districts: the Eastern District and the Western District. Each district is further divided into divisions.
💡 The county you live in determines which district and division you'll file in.
While many steps in the bankruptcy process are the same across the state, each district — and sometimes each division — has its own local rules for submitting paperwork and paying fees. Some also require special local forms in addition to (or instead of) the national bankruptcy forms.
📍 Check the table below to find your district and division based on the county you live in.
| District | Division | Counties Served |
|---|---|---|
| Eastern District of Virginia | Alexandria | Arlington, Fairfax, Fauquier, Loudoun, Prince William, Stafford |
| Arlington, Fairfax, Fauquier, Loudoun, Prince William, Stafford | Arlington, Fairfax, Fauquier, Loudoun, Prince William, Stafford | |
| 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 of Virginia | 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, Rappahonnock, Rockbridge, Rockingham, Shenandoah, Warren |
Eastern District of Virginia Requirements
If you’re filing without a lawyer in the Eastern District of Virginia, you can submit your paperwork in person or by mail.
📍There are four court divisions in this district, each serving different counties. Be sure to use the correct address based on where you live and how you’re filing.
🏛️📬Alexandria Division: Serves Arlington, Fairfax, Fauquier, Loudoun, Prince William, Stafford Arlington, Fairfax, Fauquier, Loudoun, Prince William, and Stafford counties
In person and mailing address:
U.S. Bankruptcy Court
200 S. Washington St.
Alexandria, VA 22314-5405
🏛️📬 Newport News Division: Serves Gloucester, James City, Mathews, and York counties
In person address:
U.S. Bankruptcy Court
2400 West Avenue
Newport News, VA 23607
Mailing address (use Norfolk):
U.S. Bankruptcy Court
600 Granby Street, Room 400
Norfolk, VA 23510-1915
🏛️📬 Norfolk Division: Serves Accomack, Isle of Wight, Northampton, and Southampton counties In person and mailing address:
U.S. Bankruptcy Court
600 Granby Street, Room 400
Norfolk, VA 23510-1915
🏛️📬 Richmond Division: Serves 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, and Westmoreland counties
In person and mailing address:
U.S. Bankruptcy Court
701 East Broad Street, Suite 4000
Richmond, VA 23219
Additional Requirements & Filing Fee Information for the Eastern District
📄 When you file for Chapter 7 in the Eastern District of Virginia, you’ll need to include a creditor matrix using specific formatting rules. This is a list of everyone you owe money to, along with their mailing addresses. You’ll also need to submit a signed Creditor Matrix Cover Sheet with your forms.
📝 The court has created a helpful how-to guide to walk you through the Chapter 7 process. It’s designed especially for people filing without a lawyer (also called filing pro se).
📌 The Eastern District has its own versions of a few of the national bankruptcy forms, and you’ll need to use those instead of the standard ones. You can find all the local forms and instructions on the court’s website.
💰 You can pay your filing fee with a money order or cashier’s check made out to Clerk, U.S. Bankruptcy Court.
If you can’t pay the fee all at once, you can ask the court for a payment plan. If the court approves it, you’ll have up to 120 days to pay the full fee in up to four payments.
🚫 The court does not accept credit cards, cash, or personal checks.
Western District of Virginia Requirements
If you’re filing without a lawyer (pro se) in the Western District of Virginia, you can submit your paperwork in person, by mail, or online.
📍There are three court divisions in this district, each serving different counties. Be sure to use the correct address based on where you live and how you’re filing.
🏛️📬 Roanoke Division: Serves Bland, Botetourt, Buchanan, Carroll, Craig, Dickenson, Floyd, Franklin, Giles, Grayson, Lee, Montgomery, Pulaski, Roanoke, Russell, Scott, Smyth, Tazewell, Washington, Wise, and Wythe counties
In person and mailing address:
U. S. Bankruptcy Court
210 Church Ave.
Room 200
Roanoke, VA 24011
🏛️📬 Lynchburg Division: Serves Abermarle, Amherst, Appomattox, Bedford, Buckingham, Campbell, Charlotte, Culpepper, Cumberland, Fluvanna, Greene, Halifax, Henry, Louisa, Nelson, Orange, Patrick, and Pittsylvania counties
The Lynchburg courthouse is only used for hearings and doesn’t have a Clerk’s Office on site. If you live in the Lynchburg Division, you’ll need to file your bankruptcy forms with the Roanoke Division instead.
In person and mailing address (use Roanoke):
U. S. Bankruptcy Court
210 Church Ave.
Room 200
Roanoke, VA 24011
🏛️📬 Harrisonburg Division: Serves Alleghany, Augusta, Bath, Clarke, Highland, Madison, Page, Rappahonnock, Rockbridge, Rockingham, Shenandoah, and Warren counties
In person and mailing address:
U. S. Bankruptcy Court
116 N. Main St.
Room 223
Harrisonburg, VA 22802
💻 Online filing option: The Western District offers an Electronic Self-Representation (eSR) system that helps you prepare and submit your Chapter 7 bankruptcy forms online. It’s free to use and walks you through the process step by step. You’ll have up to 45 days to complete and submit your eSR package.
📌 After submitting your eSR package online, you must also mail or hand-deliver the following items to the court to officially file your case:
A signed Declaration form and Social Security Number (SSN) Statement — these will be emailed to you after the court receives your eSR submission.
Your filing fee, a payment plan request, or a fee waiver application
A copy of your credit counseling certificate
📝 Your bankruptcy case will not be officially filed (and you won’t receive a case number or protection from creditors) until the court receives and processes these documents.
Additional Requirements & Filing Fee Information for the Western District
📄 When you file for Chapter 7 in the Western District of Virginia, you’ll need to include a creditor mailing matrix using specific formatting rules. This is a list of everyone you owe money to, along with their mailing addresses.
📌 You can find all the Western District’s local forms and instructions on the court’s website.
💰 You can pay your filing fee with a money order or a cashier’s check, made out to Clerk, U.S. Bankruptcy Court, or with exact cash (in person only).
If you can’t pay the fee all at once, you can ask the court for a payment plan. If the court approves it, you’ll have up to 120 days to pay the full fee in up to four payments.
🚫 The court does not accept credit cards or personal checks.
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Virginia Bankruptcy Exemptions
When you file for Chapter 7 bankruptcy, exemptions protect the things you need to have your fresh start, such as your home, car, and everyday belongings. In Virginia, you’ll use the state exemption laws if you’ve lived in the state for at least two years. The federal exemptions aren’t an option here.
Here are the key exemptions:
🏠 Homestead exemption: protects up to $50,000 of equity in your home. If you don’t own a home, you can apply this amount to other property instead, like a car or bank account.
🚗 Vehicle exemption: protects up to $10,000 of equity in one motor vehicle.
🎯 Wildcard exemption: If you don’t use the homestead exemption for real estate, you can use it to protect other personal property instead. This makes it act like a wildcard.
💡 You may also be protected by federal non-bankruptcy exemptions, which cover things like Social Security benefits, veterans' benefits, and certain pensions, no matter where you live.
Virginia Bankruptcy Lawyer Cost
If you decide to hire a bankruptcy attorney in Virginia, the typical cost for a Chapter 7 case ranges from about $1,000 to $1,500, depending on where you live and how complex your case is.
Hiring a lawyer may feel expensive, but it can be helpful if your case is complicated or you're unsure how to do it right. Most bankruptcy attorneys offer a free initial consultation, which you can use to ask about their fees, payment plan options, and the specific help they provide.
Remember, cost isn’t the only factor. Experience, availability, and how well you connect with the attorney are just as important when choosing someone who’s right for you.
Virginia Legal Aid Organizations
If you’re not comfortable filing for bankruptcy on your own and can’t afford a lawyer, help is still available. Legal aid organizations offer free or low-cost legal help to people with low incomes. These nonprofits assist with civil legal matters, including bankruptcy.
Legal aid lawyers understand the bankruptcy process and may be able to help you fill out forms, answer questions about your case, or even represent you in court. If you qualify, this can be a great option for getting support without the high cost.
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
