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Amy Carst

Amy Carst

Contributing Writer

Amy Carst is a writer, human rights activist, and speaker. She has written for US News & World Reports, Vice, and various Vermont news publications. She writes for multiple law firms and human rights organizations and studied law until she realized she’d rather write for attorneys than be one. Prior to her career in legal writing, Amy spent several years in insurance and finance. She lives in Vermont with three children and a pit bull called Chompsky.

All ArticlesBankruptcy BasicsBefore FilingCarsChapter 13Chapter 7DebtsDeciding To FileDuring Bankruptcy CaseHow To FileNondischargeable DebtsProperty ExemptionsStudent Loans

Articles written by Amy Carst

Car Repossession 101

This article will answer some common questions about vehicle repossession, including why it happens, what the steps are in this process, and how you can get your car back, after it’s been repossessed.

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Can You Pay Student Loans with A Credit Card?

If you are struggling to make payments, you can use balance transfer checks or an intermediary service to transfer student loan debt to credit cards. An intermediary service, such as Plastiq, makes payments to the loan provider on your behalf. Making student loan payments with a credit card may have some benefits, depending on the card terms. But doing so also carries some serious risks. U.S. Department of the Treasury regulations prohibit lenders of federal student loans from accepting credit card payments. Although there are ways to get around these regulations, the real question you should ask yourself is: *Is it worth it? *

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Discharging student loans in bankruptcy: The Brunner Test

Under the current Bankruptcy Code, an individual cannot discharge student loans in bankruptcy unless retaining this type of student debt would cause undue hardship. To determine whether such a hardship exists, the bankruptcy courts conduct an analysis known as the Brunner test.

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How Can I File Chapter 7 and Keep My House?

If after careful research you determine that Chapter 7 bankruptcy is the right choice for your circumstances, you may be wondering if it’s possible to wipe away credit card debt and other unsecured loans, but hang on to your house. The short answer is *it depends*. If you’re current on your mortgage and there is not much equity in your home, it is likely that you can keep your house. However, the opposite may be true if there is significant equity in the home, or if you are behind on your mortgage payments. Read on for more information about how filing Chapter 7 bankruptcy might affect your mortgage and property rights.

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Cramdown in Chapter 13 Bankruptcy

In personal bankruptcy cases, a cramdown occurs when the filer pays off a car loan through a Chapter 13 bankruptcy repayment plan by paying only how much the car is actually worth, not how much is still owing on the loan. Upon successful completion of the repayment plan, the filer gets title to the vehicle free and clear.

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How To Get Out of Paying HOA Dues in 2021

If you live in a condo, you are likely familiar with the term homeowners association (HOA), and the purpose it serves. An HOA essentially creates and enforces the rules governing the property and residents of a condominium or other type of community association. When someone purchases property that is part of an HOA, they automatically become a due-paying member. These dues, called HOA fees, association fees, or association dues, can be low or high, just as the HOA rules may be lenient or very restrictive.

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6 Steps To Settling a Credit Card After Getting Sued

If you have a pile of unpaid debt from a credit card that you aren’t able to make even the minimum monthly credit card payments on, you might be facing a credit card lawsuit. Many companies will consider filing this kind of lawsuit about six months after someone stops paying. To avoid facing debt lawsuits, you can try to work out a settlement with your credit card so you can get some debt relief without paying the full amount of debt. Read on to learn some tips to prepare for negotiations.

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3 Things You Should Know About Bankruptcy Course 2

Every individual seeking bankruptcy relief must complete two educational courses: The credit counseling course is completed before the bankruptcy petition is filed with the court. The second course, on the other hand, can’t be completed until after the case has been filed. Without completing both courses, a bankruptcy filer cannot get their bankruptcy discharge. Here are 3 things you should know about the personal financial management course, including how it's different from credit counseling.

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6 Things about the Automatic Stay Everyone Filing Bankruptcy Should Know

11 U.S.C. § 362 is the technical name of the section of the bankruptcy law that protects all filers from creditor actions while their case is pending. You may have heard of this referred to as the automatic stay. Let’s take a deep dive into how 11 U.S.C. § 362 protects bankruptcy filers, what you can do if a creditor violates the automatic stay and what exceptions to the automatic stay protections you should be aware of before filing your bankruptcy case.

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What is Chapter 20 bankruptcy?

Some people struggling with overwhelming debt find that bankruptcy is the best debt relief solution for their unique situation. Determining which form of bankruptcy to file is largely dependent on the amount and types of debt held, and the financial situation of the individual or married couple. When considering bankruptcy, most people first learn about Chapter 7 and Chapter 13, named for the Bankruptcy Code chapters that govern how they work. But a lesser-known arrangement, Chapter 20 bankruptcy, functions as a hybrid of the two.

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Guide to Bankruptcy Relief for Small Businesses

Small business owners who are struggling to pay the bills can often find relief, and even keep their businesses afloat, by filing business bankruptcy. But all bankruptcies are not created equal. To ensure that the outcome aligns with your goals, it is important to determine which type of bankruptcy is best for your unique situation.

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When Should You File for Bankruptcy?

Millions of Americans feel overwhelmed by debt, but that doesn’t mean all of them should file bankruptcy. There are multiple paths to debt relief, depending on your unique circumstances. Bankruptcy is only one. However, when other possible solutions, such as debt settlement and debt consolidation fall short, bankruptcy may be the most effective way to discharge debt and get the fresh start you need. Read on for more information about the different types of bankruptcy, and how to determine if filing might be right for you.

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Upsolve is a 501(c)(3) nonprofit that started in 2016. Our mission is to help low-income families who cannot afford lawyers file bankruptcy for free, using an online web app. Spun out of Harvard Law School, our team includes lawyers, engineers, and judges. We have world-class funders that include the U.S. government, former Google CEO Eric Schmidt, and leading foundations. It's one of the greatest civil rights injustices of our time that low-income families can’t access their basic rights when they can’t afford to pay for help. Combining direct services and advocacy, we’re fighting this injustice.

To learn more, read why we started Upsolve in 2016, our reviews from past users, and our press coverage from places like the New York Times and Wall Street Journal.


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