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Bernard S. Via III

Bernard S. Via III

Bernard S. Via Law Offices
  • Bankruptcy, Foreclosure Defense
  • Tennessee, Virginia
Claimed Lawyer ProfileQ&ASocial MediaResponsive Law
Biography

Bankruptcy attorney for debtors in Eastern District of Tn. and Southwest Va. We focus exclusively on chapter 7 bankruptcy and advise on the chapter 13 bankruptcy solutions. We provide an affordable legal solution to peoples most pressing financial problems. We make it easy and affordable to get universal relief from debt. We keep our overhead low to pass on savings to the client.
Lawyers generally cost people too much. We offer an affordable solution to people under financial debt from too many creditors causing them stress. We can get rid of medical/hospital, credit card and car repo debt (and much more), so you do not have to pay them, Some taxes can be discharged in bankruptcy (over 3 years from when the income tax was assessed by IRS).
We may structure your car and house debt so you can continue to keep them and pay for them.
We provide free initial pre bankruptcy consultation to insure this is the best solution for you and your family. We will tell you up front if this is not the best course for you before we charge you a fee. If need we will direct you to a reputable ch. 13 lawyer who will not take advantage of you.
Never draw out 401k retirement money before first talking to us. It can be saved for your retirement and not lost in a fruitless effort to solve financial debt loads.
Located on the border of Va. and Tn. in Bristol. This Practice consist only of consumer or business bankruptcy cases .
WE discourage a client taking a $0 down bankruptcy ; This is a chapter 13 bankruptcy filing that normally fails and causes you to convert to a chapter 7. This can scam clients out of needed funds by charging them for an extra bankruptcy and ch 13 payments (you pay)that go to the attorney fees when they can start with a ch. 7 and get a discharge soon thereafter. Make payments to your attorney first for a ch. 7 bankruptcy, then file. In the long run it will save you a great deal of money/time in most ch 13 cases.

Practice Areas
    Bankruptcy
    Chapter 7 Bankruptcy, Debt Relief
    Foreclosure Defense
Additional Practice Areas
  • Finance Counseling
  • Debt Counseling
Fees
  • Free Consultation
    Free initial 30 minute consultation
  • Rates, Retainers and Additional Information
    WE use a single fee approach to bankruptcy cases that is affected by your income or the complexity of a business case. This is a limited fee for obtaining a ch. 7 discharge for clients in bankruptcy. it does not apply to other limited services within the bankruptcy such as lien avoidance , dischargablity litigation ect. within the bankruptcy filing.
Jurisdictions Admitted to Practice
Tennessee
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Virginia
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Languages
  • English: Spoken, Written
Professional Experience
Patrol police officer
Va. Beach Police Dept
Current
Owner
Bernard S. Via Law Offices
Current
Education
University of Richmond School of Law
J.D. (1981) | Virginia Law
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Honors: Richmond Univ Law Review 79-81
Activities: Civil Procedure Book Award
University of Richmond School of Law Logo
Emory & Henry College
B.A. (1976) | Political Science/History/Economics
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No one stayed on campus longer or out of boredom read more books.
Honors: Cum Laude
Activities: Concert choir, soccer club and Football team
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Awards
Member Law Review staff 1979 and 1980
Un. of Richmond Law Review
Professional Associations
Virginia State Bar
Member
Current
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Tennessee State Bar
Member
Current
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Bristol Virginia Bar Association
Member
Current
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Bristol Tennessee Bar Association
Member
Current
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Tennessee Trial Lawyers Association
Member
- Current
Activities: CLE speaker.
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Va. TRial Lawyers Assoc.
member
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Activities: participate in legislative programs CCLE and listserv actives.
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American Bankruptcy Institute
member
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Activities: magazine participant.
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Speaking Engagements
Consumer Law, TCLE Consumer law in Johnson City, Holiday Inn Johnson City
Tn CLE Tn Bar ASsoc
Gave a 2 hour presentation on Consumer Law developments and Fair Debt Collection Practice rights and responsibilities.
Certifications
2nd degree Black Belt Shito Ryu style over 30 years.
Bristol Japanese karate Organization
Websites & Blogs
Website
Legal Answers
3 Questions Answered
Q. What if a defendant files for personal or biz bankruptcy before making all the payments of a settlement payment plan?
A: Under a ch. 7 filing you file a claim for the full amount you were owed. You will not get that from the bankruptcy Trustee as he has to split the pie with his fee and the other creditors. The settlement agreement may be interpreted as paying off a lump sum. When the bankruptcy says the debt is discharged it is gone Your only recovery is what the Trustee gets from the debtors assets if any (shared with other creditors).
Q. I have a remaining balance of 1,400 on signature lone and I can’t pay on it anymore what do I do
A: If you are so far in debt and your income is limited you have an absolute right to file a chapter 7 bankruptcy (8 yr between bankruptcy filings). I have a cut off of around $10,000 in debt as when a person really needs to follow up with bankruptcy. If you do not pay they sue you and garnish your wages or lien your real estate. You can not pay and run/hide . Or you can try to come up with a lump sum and negotiate a flat lump payment. Sometimes it has to get over to the collection agency to get this to work. Remember no option will keep your credit rating from plummeting.
Q. I owed $425k on my house . its value is around $1.4 million. My son needs $200k to start a business so i'm refinancing .
A: I think you want to keep your son's business away from your house title. Increasing your loan on the house does not cause exposure to his creditors. One thing ,make sure your son has no interest ( like a remainder) interest in your house. Just because you help your son get funds for business it does not make you liable. I would be more worried about your son's business failing and you loose your right to recover the $200k. Do not ever lend to family unless you are willing to give them that same amount without it causing a family rift.
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Contact & Map
210 Johnson St
Bristol, VA 24201
Telephone: (276) 669-4003
Fax: (276) 669-4327
Monday: 9 AM - 5 PM
Tuesday: 9 AM - 5 PM
Wednesday: 9 AM - 5 PM
Thursday: 9 AM - 5 PM
Friday: 9 AM - 5 PM
Saturday: Closed (Today)
Sunday: Closed