Virginia Bankruptcy & Creditors' Rights Attorney Provides Individualized Advice, Personalized Attention & Quality Legal Representation
Roanoke law firm represents individuals and corporations throughout Central and Western Virginia
With more than a decade of legal experience, attorney Richard D. Scott is dedicated to meeting your needs effectively and efficiently. He works hard to help you overcome any challenges you might face in today's complicated legal environment. While he's had great success representing clients in a wide variety of litigation matters, his special expertise is in bankruptcy and creditors' rights matters.
He can help you with:
The Law Office of Richard D. Scott is a debt relief agency. The firm helps people file for bankruptcy relief under the Bankruptcy Code.
Roanoke attorney puts his experience, knowledge and skills to work
After more than 10 years as part of bankruptcy and creditors' rights teams at two of Virginia's largest law firms, where he gained unique insight into the inner workings of those areas of the law, Richard D. Scott decided to put his experience to work by opening his own law practice in 2010.
A knowledgeable and effective trial lawyer with a solid record of success trying and settling cases, he puts his skills to work for you. Clients who come to the firm receive the kind of high quality service usually associated with a large law firm, but at significantly lower expense and without the necessity of navigating the bureaucratic levels such firms often have in place.
302 Washington Avenue SW
Roanoke VA 24016
Roanoke Bankruptcy Lawyer
Helping you find debt relief
Filing for bankruptcy is an important decision that has significant implications for your life. But when mounting debt begins to feel unmanageable, bankruptcy can provide relief. Bankruptcy attorney Richard D. Scott helps you decide whether filing for bankruptcy is the most effective way for you to take control of your debt.
Negotiators of debt relief options
Bankruptcy is not your only option. Attorney Scott often works with creditors to develop out-of-court solutions that avoid bankruptcy. Frequently, he can negotiate a smaller debt amount payable in more manageable monthly installments.
Experts in debt analysis
Richard D. Scott has been assisting people with overwhelming debts for 13 years. He analyzes your case to determine if bankruptcy will advance your immediate and long-term financial goals. He reviews your debts, income and expenses, and explains the full effects of bankruptcy on your family, business, home ownership and access to credit. If bankruptcy is the right choice, he provides detailed information about the bankruptcy process and a complete picture of the outcome you should expect. His upfront approach to bankruptcy gives you confidence in your financial future.
Reprieve through automatic stay
Filing a bankruptcy petition automatically triggers a stay, meaning creditors must immediately stop collections letters and phone calls. Attorney Richard D. Scott corresponds with your creditors from the moment you file for bankruptcy and acts entirely on your behalf.
Your bankruptcy options
Chapter 7 bankruptcy
For individuals and their spouses who own fewer assets and earn smaller incomes, Chapter 7 bankruptcy grants you relief from debts through liquidation of your assets.
Chapter 11 bankruptcy
For corporations, partnerships and sole proprietorships, Chapter 11 bankruptcy permits your business to continue operating while you pay creditors under a reorganization plan.
Chapter 13 bankruptcy
An option for families facing foreclosure or whose incomes are higher, Chapter 13 bankruptcy permits you to pay off debts under a court-ordered installment plan extending three to five years. This option provides numerous advantages, including the possibility of keeping your home.
While bankruptcy laws are quite compassionate towards individuals who've fallen on hard times, they can be harsh on creditors who are forced to absorb a loss that helps finance the debtor's fresh start. However, if you've received a notice of bankruptcy by someone who owes you money, don't assume that you have no rights. Attorney Scott is available to assist creditors in cases related to Chapters 7, 11 and 13 bankruptcies.
What an "automatic stay" means to a creditor
An automatic stay is an injunction by the bankruptcy court that immediately prohibits creditors from seeking repayment of debts from the debtor. It doesn't mean you're out of luck, but it does mean any efforts to recover what you are owed must be directed towards the court. Richard D. Scott assists creditors in reviewing a debtor's bankruptcy petition to see precisely where opportunities exist for the creditor to advance his claim. He is aggressive in meeting the court deadlines, which come quickly and require detailed responses. He takes the stress off his clients' shoulders.
Secured versus unsecured debt
A loan that is secured by collateral gives the creditor a lien against a debtor's asset. This is a huge advantage in bankruptcy court, where secured creditors go to the head of the line. Often the issue is cut and dried, but where there is ambiguity about whether a debt is secured, a skilled attorney can make the difference to a creditor's chances of recovery.
The honesty requirement
The U.S. Supreme Court has stated that the Bankruptcy Code "gives to the honest but unfortunate debtor . . . a new opportunity in life." If the debtor took on the debt in bad faith or through some kind of dishonest manipulation, he can't discharge that debt. Likewise, if you believe there is misrepresentation or fraud in the debtor's bankruptcy petition, such as attempting to hide assets, you must bring those objections to the court. An experienced bankruptcy attorney can present a clear and convincing argument to help your cause.
-U.S. District Court, Eastern and Western Districts of Virginia, 2000
-U.S. Bankruptcy Court, Western District of Virginia, 2001
-U.S. Bankruptcy Court, Eastern District of Virginia, 2002
University of Richmond, J.D.
BV Distinguished Peer Review Rated by Martindale-Hubbell for professionalism and ethics
Associations & memberships
-Virginia State Bar (Member, Bankruptcy Law Section; Editor, Bankruptcy Law News)
-Virginia Bar Association (Member, Bankruptcy Law Section)
-American Bankruptcy Institute
-Roanoke Bar Association
Selected as Roanoke Bar Association's 2007 Young Lawyer of the Year. Recognized as a Virginia "Super Lawyer Rising Star" in Bankruptcy & Creditor/Debtor Rights, 2006 and 2009. Associate Member, Ted Dalton American Inn of Court. Member, Board of Directors, Roanoke Symphony Orchestra. Board Member and Past President, U.Va. Club of the Roanoke Valley. Member, University of Richmond Law Review (Notes & Comments Editor) and Moot Court Board (Intrascholastic Competitions Chair), 1998-1999.
Richard was born in Roanoke in 1971. He attended the University of Virginia, graduating with a B.A. in History in 1993. He obtained his J.D., cum laude, from the University of Richmond School of Law in 1999. While at Richmond, he was a member of the Richmond Law Review, serving as a Notes & Comments Editor in 1998-1999. He was also a member of the Moot Court Board, serving as its Intrascholastic Competitions Chair in 1998. He was inducted into Richmond's scholastic honor society, the McNeil Law Society, in 1998.
He was admitted to the Virginia bar in October of 1999, and is admitted to practice in the Federal District Courts and Bankruptcy Courts in the Eastern and Western Districts of Virginia.
Richard is a member of the Virginia State Bar, where he has served as the Editor of the Bankruptcy Law Section's Bankruptcy Law News journal and as a Circuit Representative for the Roanoke area with the State Bar's Young Lawyers' Conference. He is also active in the Virginia Bar Association, where he is a member of its Bankruptcy Law Section and a former Young Lawyers' Committee liaison to the VBA's Western District Committee on Federal Judgeships. He is also a member of the American Bankruptcy Institute and the Roanoke Bar Association.
Richard was honored by the Roanoke Bar Association in 2007 as the recipient of its Young Lawyer of the Year award, recognizing outstanding contributions to clients, the bar and the Roanoke community.
Richard is a former president of the U.Va. Club of the Roanoke Valley, and still serves on the Club's board of directors. He is also a member of the board of directors of the Roanoke Symphony Orchestra.
Richard enjoys fishing, golf, church softball and U.Va. athletics.
University of Richmond