Aggressive representation for individuals, families and small businesses.
Our firm specializes in the practice of West Virginia bankruptcy law for individuals, families and small businesses.
Bankruptcy in the United States is a matter placed under federal jurisdiction by the United States Constitution, which allows Congress to enact "uniform laws on the subject of bankruptcies throughout the United States." The Congress has enacted statute law governing bankruptcy, primarily in the form of the Bankruptcy Code, located at Title 11 of the United States Code. Federal law is amplified by state law, such as in West Virginia, where federal law fails to speak or expressly defers to state law.
While bankruptcy cases are always filed in U.S. Bankruptcy Court (an adjunct to the U.S. District Courts), bankruptcy cases, particularly with respect to the validity of claims and exemptions, are often dependent upon West Virginia State law. West Virginia bankruptcy law therefore plays a major role in many bankruptcy cases.
Changes to bankruptcy law which took effect in October 2005 created a more complex process and made it harder for some people to file for bankruptcy. If you are facing the possibility of bankruptcy, you need the help of the West Virginia bankruptcy law practice of attorney Michal G. Clagett.