Bernard S. Via III

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.

University of Richmond School of Law

J.D. (1981) | Virginia Law

1978 - 1981

Honors: Richmond Univ Law Review 79-81

Activities: Civil Procedure Book Award

Emory & Henry College

B.A. (1976) | Political Science/History/Economics

1972 - 1976

No one stayed on campus longer or out of boredom read more books.

Honors: Cum Laude

Activities: Concert choir, soccer club and Football team

Patrol police officer

Va. Beach Police Dept

Current

Owner

Bernard S. Via Law Offices

Current

Consumer Law Update

Tn CLE Commision

October 3, 2010

Consumer Law, TCLE Consumer law in Johnson City, Holiday Inn Johnson City

September 2012

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

1988

Member Law Review staff 1979 and 1980

Un. of Richmond Law Review

1979

Virginia State Bar

Member

Current

Tennessee State Bar

Member

Current

Bristol Virginia Bar Association

Member

Current

Bristol Tennessee Bar Association

Member

Current

Tennessee Trial Lawyers Association

Member

1992 - Current

Activities: CLE speaker.

Tennessee

Since 1992

Virginia

Since 1981

• 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.

• Finance Counseling
• Debt Counseling

Q. Can I sue a firmer creditor for a lien on my new house? Chapter 7 was discharged in 2012.I just bought this home in 2019

June 2, 2024

A: If a lein is on the real property records because of a prior judgment you cannot get rid of it unless you pay it off or file a Motion to avoid in bankruptcy Court to remove the lien that impairs your exemption. Often the lien does not attach because of Tenancy by entirety protections of a judgment against one spouse and not the other. In those cases we file a simple affidavit explaining how the lien is no good and therefdore no debt after bankruptcy is owed. f a creditor tries to enforce the lien or collect on the discharged debt ,then you can sue for violation of injunction from your discharge. Va. law

Q. What would happen If I leave my job and collect social security and a small pension and stop paying all unsecured debt?

November 27, 2023

A: You should talk with a bankruptcy lawyer in the state you reside. Whether you can file a ch. 7 and hang on to your house is questionable. Most states do not allow you to retain a large amount of equity. VA. looks at tenancy by entirety ownership and whether your wife is a joint creditor with you. If she is then the house can be sold and equity paid on the joint account.60,000 is maximum exemption for house equity in Va. Maybe 10K more if your ages are both above 65. So seek competent lawyer in your jurisdiction,

Q. Can I file bankruptcy in Colorado?

August 8, 2023

A: Your residency is more where you intend to reside as where you actually spend time. There is a legal footprint of your residency. Where you vote, where you keep most of your assets, what you give out as your address, driver's license, car registrations. I think you confuse the issue of where you file as opposed to what state exemptions you are under. Most states have opted out of Federal exemption and have their own set of exemptions. If you change your residence to Colorado, you will/may be under Federal exemptions until 2 years in State. (Va. and Tn. lawyer but not a Co or NM lawyer.)