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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

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
    Chapter 7 Bankruptcy, Debt Relief
    Foreclosure Defense
Additional Practice Areas
  • Finance Counseling
  • Debt Counseling
  • 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
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  • English: Spoken, Written
Professional Experience
Patrol police officer
Va. Beach Police Dept
Bernard S. Via Law Offices
University of Richmond School of Law
J.D. (1981) | Virginia Law
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
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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Member Law Review staff 1979 and 1980
Un. of Richmond Law Review
Professional Associations
Virginia State Bar
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Tennessee State Bar
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Bristol Virginia Bar Association
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Bristol Tennessee Bar Association
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Tennessee Trial Lawyers Association
- Current
Activities: CLE speaker.
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Va. TRial Lawyers Assoc.
Activities: participate in legislative programs CCLE and listserv actives.
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American Bankruptcy Institute
Activities: magazine participant.
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Articles & Publications
Consumer Law Update
Tn CLE Commision
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.
2nd degree Black Belt Shito Ryu style over 30 years.
Bristol Japanese karate Organization
Websites & Blogs
Legal Answers
6 Questions Answered
Q. How will prior year taxes in repayment affect my spouse's naturalization interview outcome?
A: 11USC525 a says "a governmental unit may not deny, revoke, suspend, or refuse to renew a license, permit, charter, franchise, or other similar grant to, condition such a grant to, discriminate with respect to such a grant against, deny employment to, terminate the employment of, or discriminate with respect to employment against, a person that is or has been a debtor under this title or a bankrupt or a debtor under the Bankruptcy Act, or another person with whom such bankrupt or debtor has been associated, solely because such bankrupt or debtor is or has been a debtor under this title or a bankrupt or debtor under the Bankruptcy Act, has been insolvent before the commencement of the case under this title, or during the case but before the debtor is granted or denied a discharge, or has not paid a debt that is dischargeable in the case under this title or that was discharged under the Bankruptcy Act. " It does not address not paying taxes but if taxes are being paid under a ch 13 plan then you are in effect paying the taxes as you should. Bankruptcy is a right and protects the debtor and someone on the debt with them from employment license or grant discrimination. Wether this can be applied to immigration is another field and having this info should help n immigration lawyer know.
Q. I have unsecured debt (CC) and a secured debt (auto) with same lender. May I reaffirm the secured, dismiss unsecured?
A: I agree that cross collateralization muddies the issue. Yes you can reaffirm the secured debt but may find the value of the car makes some of the unsecured debt secured which may have reaffirm a small portion that now is secured by a value greater than the secured car loan to the value of the car. Read your car contract for the magic collateral security language. Better yet have your lawyer look for it.
Q. My family member filed for bankruptcy. His case was closed and then given to another lawyer who sued him for the same
A: WEll there must be more to the issue and a lot of questions remain open. Was there a fraudulent conveyance to LLc. Was there a final short sale to the attorney or was the title a fraud in transfer. Was this ch 7 11 13 or ch 5. You really need an experienced bankruptcy lawyer next to a real estate litigator. I can't tell but sounds like different parties are being sold. Once land is released by TRustee from a ch 7 BR who got it on the return side of discharge date. This is not a question that can be answered on the cheap through web site inquiry as it involves a lot of facts that appear unclear here. Maybe additional research. Apparently, the Judge saw something. There is a bad faith filing allowing for recovery of litigation fees if this is meritless repeat filing. Also how were the cases closed ...nonsuit, without prejudice with prejudice. f she does not defend she could lose it. The amount you pay a lawyer does not guarantee success. A $100k fee is ridiculous . You need to make sure you were not conned by the lawyer you paid it to. THis whole scenario is not understandable.
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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 (Today)
Saturday: Closed
Sunday: Closed