Andrea Wimmer, Esq.
Andrea practiced exclusively as debtors’ counsel in consumer chapter 7 and 13 cases for more than 10 years before joining Upsolve, first as a contributing writer and editor and ultimately joining the team full time in August 2019. While in private practice, Andrea handled all bankruptcy matters from inception to case closure while also acting as managing attorney for her firm, Marco | Wimmer PLLC. Andrea has been a speaker at, among other events, ABI’s Southwest Bankruptcy Conference, Norton’s Bankruptcy Institute and the Arizona State Bar Convention. In 2017, she was selected as one of [ABI's 40 under 40](https://abi40under40.org/ "ABI 40 under 40") honorees. She is a member of the National Conference of Bankruptcy Judge’s NextGen Class of 2016, and she received the 2014 Member of the Year Award and a Special Appreciation Award from a local consumer attorney group, as well as a Distinguished Service Award from ABAIC. She has published in NACBA’s Consumer Bankruptcy Journal and the State Bar of Arizona Bankruptcy Section Journal, and currently serves as treasurer of the Arizona Consumer Bankruptcy Counsel. She has also been a volunteer attorney with the Arizona Bankruptcy Court’s Self-Help Center, which provides assistance to pro se debtors.
View All AuthorsCan I leave debts out of my bankruptcy?
Even though it might seem to make sense to leave certain debts out of your bankruptcy filing, you're not permitted to actually do so.
Read More →What is a luxury item and why does it matter for my Chapter 7 bankruptcy?
A luxury item is something that is not reasonably necessary for your maintenance and support. It’s something you don’t need to live. Non-luxury items, on the other hand, are things you purchase to cover necessities for yourself and your dependents. Things like groceries, utilities, rent, and gas. The term luxury item includes both products and services that cost more than $725.
Read More →Help, my 341 meeting is coming up and I can’t find my social security card!
Ideally, you’ll have located your social security card at the very beginning of the process and have everything ready to go by the time your creditors’ meeting rolls around. Of course, life doesn’t always go as planned. If you can’t find your social security card in time for the meeting, bring last year’s form W-2 from your employer or one of the other accepted alternatives.
Read More →Why does the bankruptcy court need my social security number?
Interestingly, there is nothing in the Bankruptcy Code itself that requires the filer to have a social security number. But, your social security number is how you obtain and maintain credit and how your tax filings and liabilities are tracked, so the bankruptcy court system uses it to keep track of bankruptcy cases. So, if you have a social security number, you have to provide it to the bankruptcy court.
Read More →I had a car accident after filing a Chapter 7 bankruptcy. What do I do now?
While a property settlement from the insurance company may have to be paid to the trustee, any personal injury settlement you’re entitled to as a result of the accident is yours to keep. This article will explore what steps to take if you get in a car accident after filing a Chapter 7 bankruptcy.
Read More →Cash Advances and Bankruptcy
A cash advance is exactly what it sounds like. Someone gives you cash, you pay it back. There are a variety of different forms of cash advances, but they all have this in common. You get cash in a certain amount. You pay it back with interest. Getting a cash advance right before filing bankruptcy is a big red flag for a couple of reasons. This article explains how.
Read More →Giving gifts before filing bankruptcy
The bankruptcy system doesn’t care about the fact that you purchased your kids some toys for Christmas, or that you’re giving a friend a $10 gift card for their birthday. But, you will be required to list all persons who received gifts with a combined value greater than $600 within the 2 years before your bankruptcy case is filed. This article discusses how gift giving is viewed in a Chapter 7 bankruptcy.
Read More →My children receive social security benefits. Do I include this as income in my bankruptcy?
There are two locations in your bankruptcy forms where income has to be disclosed, the means test and your Schedule I. This article explores whether and when you should include social security benefits your child receives as part of your household income in your bankruptcy forms.
Read More →Can I file bankruptcy with my deceased spouse?
No, you can't file bankruptcy jointly with your late spouse. But, you can (and should) make sure that all of their debts are listed on your schedules so any payment obligation you may have to the creditors can be discharged in as part of your case.
Read More →Can I file bankruptcy if I’m in a debt relief program?
Yes, you can absolutely file for bankruptcy relief even after attempting to work things out through an alternative debt relief program. Once your bankruptcy case is filed, you can stop making the payments under the debt relief plan you’re in (if you haven’t already) and your obligation to pay the debt will be eliminated for good when your discharge is entered. Continue reading to learn more about how the different debt relief options can impact your bankruptcy case.
Read More →What to do if I realized that the address for one of my creditors has changed since my case was filed?
If you notice that your creditor’s address has changed on a document/letter they sent to you regarding your bankruptcy, it’s likely that they’ve already provided their new/updated address to the court.
Read More →How to update a creditor’s address after filing
When you file bankruptcy, the court sends a document called the “Official Form 309A Notice of Chapter 7 Bankruptcy Case — No Proof of Claim” to the creditors you listed on your bankruptcy paperwork. This form gives each creditor important information about your case and tells them what they need to do if they have a reasonable objection to your bankruptcy. If a creditor didn’t receive a copy of this notice because the court did not have the correct address, follow these steps to make sure this is corrected.
Read More →What to do if I receive returned mail originally addressed to one of my creditors
If you receive a notice from the court in your bankruptcy case that was originally addressed to one of your creditors but returned to you, the creditor’s address may have been incorrect on your creditor’s matrix or changed after the case was filed.
Read More →What to do if I receive a Notice of Undeliverable Mail from the court?
You’ll receive a Notice of Undeliverable Mail from the court if one (or more) notices to creditors were returned by the post office because their mailing address was incorrect. Typically, it includes instructions to add the new/updated mailing address directly on the form notice and send it back to the court.
Read More →What to do if I have a "Certificate of Notice" that says "undeliverable" next to creditors?
When you file bankruptcy, the court sends a document called the "Official Form 309A Notice of Chapter 7 Bankruptcy Case -- No Proof of Claim" to the creditors you listed on your bankruptcy paperwork. This form gives each creditor important information about your case and tells them what they need to do if they have a reasonable objection to your bankruptcy.
Read More →Can Social Security Overpayments be Discharged in Bankruptcy?
If you owe money to the government due to an overpayment of social security benefits, you may be concerned about whether you’ll be able to eliminate this debt as part of a Chapter 7 bankruptcy. Keep reading to learn how to make sure you are able to discharge your debt for this overpayment.
Read More →What happens to the co-signer of a car in bankruptcy?
If you have bought a car and your loan has a co-signer, you may wonder what will happen to the co-signer when you file bankruptcy. This article explains your options and how they'll affect your co-signer.
Read More →What is the difference between a co-signer and co-owner of a car?
A co-signer on a car loan is obligated to pay the loan if the other person defaults on their payment obligation while a co-owner of a car has an ownership interest in the vehicle itself. This article explains how to properly disclose these relationships in your bankruptcy forms.
Read More →Frequently Asked Questions About Bankruptcy and Tax Refunds
It's pretty well-known that tax debts typically can't be discharged in bankruptcy. But what if you're getting a refund? This article answers some of the frequently asked questions about tax refunds and bankruptcy.
Read More →I had my 341 meeting. Now what?
In the vast majority of Chapter 7 cases filed by consumers, not much will happen after the 341 meeting is concluded. In fact, in the time between your 341 meeting and the discharge, no news is often good news. Nevertheless, protect your own rights by carefully reviewing any correspondence you receive from the court or your trustee during that time.
Read More →What are the Arizona Bankruptcy Exemptions?
Arizona has opted out of the federal bankruptcy exemptions. If you’ve lived in Arizona for at least 2 years when your bankruptcy is filed, you have to use the Arizona exemption laws. This article explores the exemptions available under Arizona law.
Read More →How often can you file bankruptcy?
In this article, we will look at just how often you can file bankruptcy depending on the previous chapter you filed and what other debt-relief options are available if someone is precluded from filing bankruptcy. We’ll also take a look at whether a bankruptcy attorney can help you file bankruptcy sooner.
Read More →Can I keep my car if I file for bankruptcy?
As long as your car is worth less than the available exemption, your car is protected in your bnakruptcy. But, exemptions typically only come into play for property the filer owns free and clear. If you’re still making payments on your car loan, you should also learn about [reaffirmation agreements](https://https://upsolve.org/legal-definitions/reaffirmation-agreement/ "Definition of Reaffirmation Agreement"). This article will discuss what a reaffirmation agreement does and why it matters to you.
Read More →What bills do I have to keep paying after filing a Chapter 7 bankruptcy?
One of the biggest benefits of filing bankruptcy is the automatic stay that goes into effect as soon as the case is filed. It means that your creditors (those you owe a debt) are not allowed to keep asking you for money. But, just because you don’t have to pay your debts after filing bankruptcy, you’ll still have some expenses to pay going forward. This article will explore what kind of bills a person filing Chapter 7 bankruptcy has to pay even after their case is filed.
Read More →How to Amend your Statement of Intentions
The Statement of Intentions is the bankruptcy form that you filed with the court to let your creditors know what you want to do with your secured debts, most often a car loan. If you have changed your mind and need to amend (update) your Statement of Intentions, follow the steps outlined in this article.
Read More →Why do reaffirmation agreements exist?
A brief overview of why reaffirmation agreements exist and their purpose.
Read More →What is an Adversary Proceeding in Bankruptcy?
An adversary proceeding is a like a lawsuit that takes place as part of the bankruptcy case. Adversary proceedings are generally the most complicated part of a bankruptcy proceeding, but they don't happen in every case.
Read More →What should I do if I changed my mind about keeping my car after bankruptcy?
Did you originally plan on keeping your car but changed your mind? That is totally ok! Here is what you need to do to make sure you’re protected, depending on where you are in the process.
Read More →How to add a creditor after filing my forms?
What follows is a step by step guide on how to add a creditor after filing bankruptcy. The process for this is often very specific and differs from district to district, but there are some things that are the same across the board. If you're an Upsolve user, you can use the case editor and the self-service amendment feature to update your forms.
Read More →Filing bankruptcy while self-employed
Do you own your own business and are your own boss? Congratulations! You're living the American dream! Of course, if you're finding yourself in financial difficulties, the American dream of being self employed can feel a little bit like a nightmare. This article will explore the two most typical ways individuals own businesses, and how it impacts your options when it comes to getting lasting debt relief through a personal Chapter 7 bankruptcy.
Read More →How to get your credit report for free
There are three ways to request a copy of your free credit report.
Read More →How to find the right bankruptcy lawyer for your case
In this article, we'll explore whether you need an attorney to file bankruptcy, how you can make sure you hire the bankruptcy attorney that is right for you, and what kind of resources are available to find a bankruptcy lawyer near you. Learn how to choose the right bankrutpcy lawyer for your situation based on what matters most!
Read More →Can I File For Bankruptcy After Moving To A New State?
Yes, you can file bankruptcy after moving, but it may get a little more complicated. If you're moving to a new state, or have recently moved, you’ll need to know which bankruptcy property exemptions now apply to you. In this article, we will discuss the timing issues and other factors that may accompany a recent relocation.
Read More →How Long Does Bankruptcy Stay on My Credit Report?
Bankruptcy stays on your credit report for 10 years. But in some cases, you may need to take special steps to take it off.
Read More →Verification of Creditor Matrix Explained
Learn about the verification of creditor matrix.
Read More →Requirements for Chapter 7 Bankruptcy
Deciding to file Chapter 7 bankruptcy should involve a review of everything that is required to successfully get a bankruptcy discharge after the bankruptcy filing. What follows is an overview of the requirements to file Chapter 7 bankruptcy and the requirements to getting your Chapter 7 discharge.
Read More →A Guide to Leases in Bankruptcy
A lease is an agreement between a lessor and lessee, usually involving rental property or a vehicle. Learn how to deal with your lease in a bankrutpcy so there are no unexpected surprises!
Read More →What should I do if a creditor keeps contacting me after I file bankruptcy?
Find out what to do if a creditor keeps contacting you even after your bankruptcy has been filed.
Read More →What is Equity?
Equity is calculated by taking the value of your property and subtracting any outstanding loans you have on it.
Read More →What does it mean that my debts have been discharged and what should I do now?
A discharge order that tells your creditors they are forever prohibited from asking you to pay your pre-bankruptcy debts ever again.
Read More →The trustee says I owe money/asset to the estate. What should I do?
What it means and what to do if a bankruptcy trustee says you owe money or an asset to the bankruptcy estate.
Read More →Should I File Bankruptcy for My Business?
If you're in debt because of your business, bankruptcy may allow you to wipe your slate clean.
Read More →Does Bankruptcy Affect My Disability Benefits?
Find out whether you can keep your social security disability benefits during your Chapter 7 bankruptcy.
Read More →Can I keep money I receive from a lawsuit in bankruptcy?
Yes, you can usually keep a personal injury award to the extent it is protected by exemptions, either federal exemptions or your state’s exemptions.
Read More →
