Attorney Andrea Wimmer - Bankruptcy Attorney

Andrea practiced exclusively as a bankruptcy attorney in consumer Chapter 7 and Chapter 13 cases for more than 10 years before joining Upsolve, first as a contributing writer and editor and ultimately joining the team as Managing Editor. 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 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.

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Articles written by Attorney Andrea Wimmer

Consequences of Not Paying Student Loans: Explained

Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated September 12, 2023

Federal student loan payments are set to resume in October 2023. If you can’t make your student loan payments your credit score, employment opportunities, and emotional well-being can all be affected. This article explains the consequences you may face if you don’t make your student loan payments and proposes some strategies to deal with student loan debt when you can’t make your monthly payment.

Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated September 12, 2023

The Income-Contingent Repayment (ICR) Plan is one of four income-driven repayment options for federal student loans. It’s the only one of these four options that parent PLUS borrowers can utilize, which is one of the main upsides, if you have that kind of loan. The ICR has the longest repayment period of any income-driven plan at 25 years. This allows for lower monthly payments for borrowers but, the total amount paid over the loan's lifespan, including interest, is generally higher compared to other plans.

Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated September 11, 2023

The best student loan repayment plan is the one that works for you, your goals, and your financial situation. To figure out your best option, do your research and consider the pros and cons of each plan. (Hint: Consider whether the monthly payment will be affordable and also how much interest you’ll pay over the life of the loan.) Then sign up for the plan that makes the most sense for you. The good news is that the federal government provides a lot of flexibility to borrowers, and you can change your repayment plan anytime. There are four types of federal student loan repayment plans. Most borrowers stick with the 10-year Standard Repayment Plan or choose an income-driven repayment plan. Though they are less common, Graduated Repayment Plans or Extended Repayment Plans offer a smart option for some borrowers.

Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated September 11, 2023

There are four different income-driven repayment plans for student loan borrowers that received federal student aid. The IBR Plan, the SAVE Plan ( formerly the REPAYE Plan), the PAYE Plan, and the ICR Plan. They each have different eligibility requirements and potential benefits compared to the standard repayment plan.

Written by Attorney Andrea Wimmer.
Updated September 8, 2023

How long will it take you to pay off your loans? It depends on what type of loans you have, the interest rate, and what repayment plan you’re on. It generally takes 10 to 30 years to repay federal student loans. While repaying private loans can take anywhere from 5 to 20 years.

Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated September 8, 2023

If you feel like you’re drowning in student loan debt and need help managing or getting rid of it, you’re in luck. In this article, we rounded up six potential options to deal with overwhelming student loan debt, including loan forgiveness programs, loan discharge programs, loan settlement options, repayment plans, refinancing options, and bankruptcy.

Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated September 7, 2023

Most people go to college with hopes of getting a degree and creating a good life for themselves. Unfortunately, unforeseen hardships — often financial — lead many students to drop out before they finish their degree. If that’s you, know that you have options to deal with your student loan debt! You may still qualify for student loan forgiveness programs like Public Service Loan Forgiveness (PSLF), or loan forgiveness after paying on an income-based repayment plan. If you need a temporary repayment pause while you find work or figure out your next steps, you can apply for forbearance or deferment.

Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated September 6, 2023

If your student loans are coming due and you can’t afford the payments, don’t panic. This article explores 10 strategies to help: 1. Apply for an income-driven repayment plan. 2. Refinance your loans. 3. Seek financial counseling. 4. Increase your income and/or lower expenses. 5. Consolidate your loans. 6. Set up automatic payments. 7. Request student loan deferment. 8. Apply for student loan forbearance. 9. Negotiate with your lender. 10. File bankruptcy to erase student loans for good.

Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated September 6, 2023

If you’re a student loan borrower, you’re probably used to receiving phone calls, letters, emails, and text messages about your student loan debt. While some of these are legitimate messages from federal loan servicers, many are scams. If you're getting calls about student loans and you don't have any loans, that's a good sign it's a scam. Below, we go into detail on how to spot/prevent a scam. Bottom line? If it seems too good to be true, it's most likely a scam.

Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated September 1, 2023

If you want to go back to school, finance a house, manage your debt, or file for bankruptcy, you’ll want to find out how much you owe in student loans. It might feel like you need a degree in finance to keep track of your financial aid, but we’re here to help! Below, we detail how to figure out your federal and private student loan balance, how to manage your student loan debt, and what to do if you cannot stay on top of your student loans.

Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated September 1, 2023

An Extended Repayment Plan is a student loan repayment plan that allows borrowers to lower their monthly payment amount by stretching repayment over 25 years. To qualify, you must have Direct Loans or Federal Family Education Loans (FFEL), and your loan balance must be at least $30,000. You can choose from fixed payments or graduated payments in an Extended Repayment Plan. You will not be eligible for Public Service Loan Forgiveness (PSLF) if you enroll in an extended plan.

Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated September 1, 2023

Becoming a nurse takes dedication and lots of education, which means it’s likely you have at least some student loan debt. Luckily there are several specialized student loan forgiveness programs to help nurses erase their student debt. The most popular and well-known forgiveness program is the Public Service Loan Forgiveness Program (PSLF), where borrowers pay an income-based monthly payment for 10 years and then have their remaining debt forgiven. But there are other forgiveness programs as well, including the Federal Perkins Loan program, the Nurse Corps Loan Repayment Program, the National Health Service Corps (NHSC) Program, the NHSC Rural Community Program, the National Institute of Health Program, and more. Below we detail the different student loan forgiveness options as well as the qualifications for each specific program. Take a look!

Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 30, 2023

A time-barred debt is one where the creditor has missed the deadline to legally bring a claim against you in court. Unfortunately, debt collectors may still try to contact you about old debts that are time-barred by the statute of limitations. But there are ways to deal with these debt collectors. Read this article to learn more about how to tell if your debt is covered by a statute of limitations and what to do if you’re contacted by a creditor that is trying to collect a time-barred debt.

Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 30, 2023

If you have a debt sent to collections, it will be recorded on your credit report and hurt your credit score. Sometimes collections accounts are incorrectly reported or reported on old debt. If there are errors regarding collections accounts on your credit report, you have the legal right to dispute them and have them removed. This shouldn't cost you anything. You can also write a goodwill letter to ask the creditor or collection agency to remove the collections account from your report. This isn’t guaranteed to work, but it won’t hurt to ask. If the information about the collections account is correct and current, you can’t have it removed from your credit report. Be aware that so-called credit repair companies that offer to clean up your credit report for a fee may be a scam.

Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 29, 2023

There are many programs designed specifically for healthcare workers to receive student loan forgiveness. Most serve specific types of healthcare workers and have other requirements around the length of time you work in healthcare and where you work. Consider each of these factors as you look at your options. If you’re struggling to pay your loans, you can also consider applying for a loan deferment or forbearance or switching to an income-driven repayment plan to help make your monthly payments more manageable.

Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 29, 2023

Standard repayment plans are available thanks to several different repayment option choices. These plans include extended, graduated, income-contingent, and income-based. All of these options provide borrowers with the ability to lower their monthly payments or extend the term of their loan thereby keeping their payments low.

Written by Attorney Andrea Wimmer.
Updated August 29, 2023

If you work for a qualified employer, have a federal Direct Loan, and have made 120 qualified payments through an income-driven repayment plan, you may be eligible for the Public Service Loan Forgiveness (PSLF) program. New regulations to the PSLF program put in place by the U.S. Department of Education go into effect July 1, 2023. These regulations help borrowers who have made late payments and/or had periods of forbearance or deferment maintain eligibility for the PSLF program

Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 29, 2023

Once you stop making timely payments on a debt, your creditor will attempt to collect it by regularly sending you notices of nonpayment. This may go on for several weeks before these collection attempts intensify. Third-party collection agencies may become involved in the collection process. The debt may even be sold to a third party. Eventually, some debt collectors in the chain will likely file a lawsuit for the debt’s repayment. Though there's no standard timeline, you may be at risk of a debt collection lawsuit after six months of not paying your debt.

Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 25, 2023

If your debt has been turned over to a debt collection agency, negotiating with that debt collector may seem intimidating. But in many cases, negotiating with creditors or lenders isn’t as hard as you may think. To successfully negotiate a debt settlement agreement: - Verify the debt and debt collector - Know your rights - Review your finances and develop a plan - Start negotiating the settlement and be prepared for counteroffers - Get the agreement in writing

Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 23, 2023

Yes, unfortunately your tax refund can be taken (garnished) if you’ve defaulted on your federal student loan. Federal student loans are guaranteed by the U.S. government, and the government has power over tax refunds. Only federal student loan borrowers are subject to tax garnishments. Private student loan holders can have their wages or bank account garnished, but the private lender cannot garnish your tax refund and must take extra steps, such as going through the courts, to order a garnishment. In this article, we explain the student loan tax garnishment process and give you some tips on how to keep your tax refund money safe from garnishment.

Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 23, 2023

If you fall behind on your student loan payments, the lender may garnish your wages. This means that a portion of your paycheck will be withheld by your employer and sent directly to your loan servicer to repay your debt. Wage garnishment can have a significant impact on your finances and make it difficult to meet your basic living expenses. However, you have options available to avoid default and wage garnishment, such as loan consolidation, income-driven repayment plans, and loan rehabilitation. It's important to understand your rights and options when it comes to repaying your student loans to avoid wage garnishment and other negative consequences.

Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 22, 2023

In many cases, you can defer your undergraduate student loans if you go to grad school. When you defer a loan, you aren’t responsible for making the monthly payments for a period of time. Interest on the loan may continue to accrue though.

Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 22, 2023

Some student loan borrowers find errors on their credit report. So, it’s a good idea to get in the habit of checking your credit report from each of the big three credit reporting agencies — Equifax, Experian, and TransUnion — at least once a year. Luckily, you can get your credit report for free, without impacting your credit score. You also have the right to dispute inaccurate information on your credit report and have it removed. Let’s review what to check for and how to deal with inaccuracies.

Written by Attorney Andrea Wimmer.
Updated August 22, 2023

Filing bankruptcy does not prevent you from getting federal student loans or other types of federal financial aid. So if you filed bankruptcy in the past or you’re currently in a bankruptcy case, you can still get federal student aid. Also, you can file bankruptcy on student loans, and the process for discharging federal student loan debt in bankruptcy got easier at the end of 2022.

Written by Attorney Andrea Wimmer.
Updated August 22, 2023

Filing bankruptcy can help you get rid of private student loans, but they are harder to get rid of than other kinds of debts. To have your private student loans discharged you will need to prove that your loan was a qualified education loan and that paying off the loan would cause you “undue hardship.” You prove undue hardship as part of an adversary proceeding. This is an additional proceeding on top of your bankruptcy case. For private student loans, these proceedings are run a lot like a civil lawsuit. To file bankruptcy on private student loans successfully, many people chose to hire a bankruptcy attorney.

Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 16, 2023

Defaulting on the payment of your private student loans can negatively affect your credit score and result in other undesirable consequences. One is wage garnishment. A private student loan lender can even levy or take money from your bank account. Thankfully, there are solutions that can help you avoid these challenges and even provide debt relief.

Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 16, 2023

If you default on your student loans, you risk having your wages, taxes, and Social Security benefits garnished. Your credit score will also suffer. To avoid a student loan wage garnishment, or to reduce the amount that will be garnished, you need to take action. You can do this even after you’ve defaulted on your student loan. In this article, we’ll help you learn how to manage student loan wage garnishments, so you can avoid adding to your financial troubles.

Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 16, 2023

Many types of creditors have the right to file a complaint in court for unpaid debt. Wage garnishment laws give creditors the ability to withhold money from your paycheck, but not all creditors are required to go to court before they can garnish your wages. This article will explain what wage garnishment is, who can garnish your wages, and how bankruptcy can help stop wage garnishment.

Written by Attorney Andrea Wimmer.
Updated August 15, 2023

Find out whether you can keep your social security disability benefits during your Chapter 7 bankruptcy.

Written by Amy Carst. Legally reviewed by Attorney Andrea Wimmer
Updated August 15, 2023

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.

Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 11, 2023

Did you know that creditors have the right to seek a garnishment order against you if you fail to repay your debt? This article will give you an overview of what income may be garnished under the law and how to avoid and/or stop garnishment actions by filing a Chapter 7 bankruptcy case.

Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 11, 2023

A bankruptcy does not destroy your credit forever. Instead, following some simple tricks and taking advantage of the various credit repair tools can help you build a stronger credit report and higher credit score after filing for bankruptcy.

Written by Attorney Andrea Wimmer.
Updated August 11, 2023

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.

Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 10, 2023

In a nutshell, a bankruptcy case is a legal course of action that puts your debt behind you so you can get a fresh start. This article will give you a short explainer on bankruptcy basics, including what types of cases you can file, how to file bankruptcy, and what to expect from the bankruptcy process.

Written by Attorney Andrea Wimmer.
Updated August 10, 2023

Bankruptcy is a legal tool to obtain debt relief and get a fresh start. Chapter 7 and Chapter 13 bankruptcy are the most common types. This article explores consumer bankruptcy basics, the different types of bankruptcy, and the bankruptcy process overall.

Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 9, 2023

The ultimate goal of bankruptcy is to get a discharge order, which wipes out debts like credit cards and medical bills. Along with your bankruptcy case number, keep your discharge date handy in case you’re contacted about a debt that was discharged.

Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 9, 2023

Bankruptcy laws don't specify a minimum debt requirement to file Chapter 7 bankruptcy. As long as you qualify to file and meet all the requirements, you can file Chapter 7 and have your dischargeable debts wiped away.

Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 9, 2023

There are a number of strategies to put in place when you find yourself in credit card debt. Common advice includes tightening your budget, prioritizing your highest-interest accounts and negotiating with creditors. But those strategies only work if you actually have some money to put toward paying down your credit card debt. What are you supposed to do if you truly have little to no money to put toward your debt?

Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 9, 2023

When filing bankruptcy for the first time, many people get confused about the different terms lawyers and courts use. Two words that frequently confuse first-time filers are “dismissed” and “discharged.” This article explains each term, what the differences are, and when lawyers and the court are most likely to use them when referring to your case.

Written by Attorney Eva Bacevice. Legally reviewed by Attorney Andrea Wimmer
Updated August 9, 2023

Have more money than you can protect with an exemption? Wondering what you can spend it on so the bankruptcy trustee won’t raise any eyebrows? This article explains how it’s possible to have “too much money” and what steps you can take to best protect your fresh start.

Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 9, 2023

Even if you have health insurance, deductibles, copays, and non-covered services can add up quickly. Without health insurance, medical bills become unmanageable fast. Some people don’t realize you can negotiate medical bills. Also, billing mistakes can lead to overcharges. Here are some tips for dealing with expensive medical bills: - Compare your itemized bill to your insurer’s explanation of benefits - Ensure you were charged for the correct services and dispute errors - If your insurer denies a claim for services that should be covered, appeal the decision - Ask for financial assistance from the provider and explore community resources - Negotiate your medical bills by offering payment - Know your rights around surprise medical bills - Don’t use credit cards to pay medical bills (to avoid mounting interest/fees and consequences to your credit)

Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 9, 2023

If you’re being contacted by debt collectors for a debt you simply can’t repay, it’s important to know your rights to protect yourself from harassment and validate the debt. Once you know the debt is valid, look into your debt relief options. Getting a free consultation with a nonprofit credit counselor can help you understand your options and make a plan to deal with your debt.

Written by Amy Carst. Legally reviewed by Attorney Andrea Wimmer
Updated August 9, 2023

If you’ve been sued for credit card debt, you may still have time to settle your debt before you go to court. Follow these six tips to settle your credit card debt outside of a lawsuit: 1. Remember that the other side is motivated to negotiate. 2. Research the debt and decide what your best option is. 3. Negotiate a settlement. 4. Don’t ignore court papers. 5. Accept that you can’t win them all — have a plan B. 6. Watch out for debt settlement scams.

Written by Attorney Andrea Wimmer.
Updated August 9, 2023

Chapter 13 is a type of bankruptcy that provides relief for folks who make too much money to qualify for Chapter 7. At its core, it reorganizes your debt to allow you to pay back as much as you candle handle over 3–5 years. After you make all your plan payments and meet all the other requirements in the Bankruptcy Code, the Bankruptcy Court will enter a discharge, which wipes out your remaining eligible debt.

Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 9, 2023

If you have debt you’re struggling to manage, you don’t need the added stress of irritating collection calls. Keep reading to learn how you can stop debt collection calls from interrupting your life.

Written by Attorney Andrea Wimmer.
Updated August 8, 2023

A discharge order that tells your creditors they are forever prohibited from asking you to pay your pre-bankruptcy debts ever again.

Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 8, 2023

When a creditor or debt collector gets a judgment against you, it's dischargeable as long as the original debt was dischargeable. The question becomes a bit more complicated if the creditor gets a judgment lien on your property. Here’s how it works.

Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 8, 2023

If you’re unemployed and your only source of income is unemployment benefits, you can still file Chapter 7 bankruptcy. To file Chapter 13 bankruptcy, you need a steady source of income, and unemployment benefits aren’t likely enough to cover the requirements for Chapter 13. While it’s possible and common for people to file Chapter 7 while unemployed, you’ll want to consider the timing of your case.

Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 8, 2023

If you’re financing a car with a car loan, you’ll need to decide how to deal with it when you file bankruptcy. If the payments are too high or you simply want to get rid of the car and the loan, you can surrender the vehicle back to the lender and have the debt discharged as part of your bankruptcy case. Often, the lender will pick up the car or schedule a mutually agreeable place to meet. If they don’t, you may need to seek legal help.

Written by Attorney Paige Hooper.
Updated August 8, 2023

You need to list all your assets and debts when you file your bankruptcy. Leaving debts out of your bankruptcy filing will mess up your income and expense calculations. It can also be grounds for criminal charges for bankruptcy fraud.

Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 8, 2023

We usually hear debts divided into two categories: secured and unsecured. A debt is secured if the lender has a security interest in some property and can take that property if you don’t pay. But, in bankruptcy, there are other important distinctions. Some unsecured debts get special treatment. In this article, we’ll explain the different types of unsecured debt, and what it means when a debt has priority.

Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 8, 2023

A personal bankruptcy lawyer can help you erase debts or you may choose to file bankruptcy on your own. Depending on the complexity of your situation and the type of bankruptcy you file, hiring a personal bankruptcy lawyer can be a great investment.

Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 8, 2023

Filing any bankruptcy can be a complicated process but filing bankruptcy as a senior citizen can be especially challenging. This article will discuss when bankruptcy may be right for seniors, the types of bankruptcy and debt relief alternatives to filing for bankruptcy.

Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 8, 2023

Bankruptcy is one of those words that everyone’s heard but many don’t really know what it means. Especially with so many high profile bankruptcies in the news these days, it can be hard to figure how bankruptcy can actually help a regular consumer. Let’s take a look at what bankruptcy means and how the different types of bankruptcy enable you to take back charge of your finances.

Written by Amy Carst. Legally reviewed by Attorney Andrea Wimmer
Updated August 8, 2023

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.

Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 3, 2023

If you've fallen behind on your car payments, you've probably started getting phone calls from the bank about a repossession. The good news is, the repo man can't legally enter a locked gate or garage without your permission. But, a repo agent may legally enter your yard, driveway, or other private property if nothing is blocking their access. Keep reading to learn more.

Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 3, 2023

Repossession is when a lender takes back property that was used as collateral for a loan. If you’re behind on your car loan payments, you could suddenly lose your car, boat, appliances, or furniture without warning through repossession. On top of that, having a repossession on your credit report will hurt your credit score. Read this article to learn more about the repossession process and how you can get back on track.

Written by Attorney Andrea Wimmer.
Updated August 1, 2023

Yes! Upsolve is 100% a legitimate service! We are a small mission-driven team of dedicated individuals, focused on a single goal: Helping low-income Americans struggling with too much debt get a fresh start by filing a Chapter 7 bankruptcy.

Written by Attorney Andrea Wimmer.
Updated August 1, 2023

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.

Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 1, 2023

Here's how to pay off a debt in collections: Step 1: Know Your Rights Step 2: Respond to the Debt Collector or Collection Agency Step 3: Verify the Debt Step 4: Check the Statute of Limitations in Your State Step 5: Review Your Budget & Make a Payment Strategy Step 6: Get Your Agreement in Writing Step 7: Check Your Credit Report If you're struggling to repay several debts, it may be time to look into Chapter 7 bankruptcy. Filing Chapter 7 stops all collections activities (thanks to the automatic stay) and can erase most types of consumer debt.

Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 1, 2023

Filing for bankruptcy will stop foreclosure proceedings temporarily due to the benefits of the automatic stay. A Chapter 13 bankruptcy may allow you to keep your home by allowing you to make up your past-due payments via a 3-5 year repayment plan.

Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 1, 2023

Debt settlement allows you to pay off a debt for less than the total you owe, but it can lower your credit score. If you compare the permanent benefits of getting rid of a debt burden against the temporary negative aspects of a lower credit score, you might find that debt settlement is a good option for you. If you’re interested in settling your debt, keep reading to learn how debt settlement affects your credit score and whether debt settlement or a different debt relief option is the best for you.

Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 1, 2023

Bankruptcy is a useful debt relief tool. It can give you a fresh start when unpaid debt becomes unmanageable. Sadly, many people attach a stigma to filing bankruptcy and fail to see its advantages and benefits. Instead, they focus on the notion that bankruptcy will forever ruin their credit. But this is just one of the many myths of bankruptcy. It often causes people to put off filing, which only delays bankruptcy’s benefits. While your credit score is affected by bankruptcy in the short term, we’ll discuss how your credit score is not permanently ruined by filing bankruptcy.

Written by Attorney Andrea Wimmer.
Updated August 1, 2023

One of our goals this year is to publish a comprehensive guide on filing an adversary proceeding as part of a bankruptcy to discharge student loans. It will initially be published as a series of Learn Articles. The following is a guide to important legal terms that come up in adversary proceedings.

Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated July 28, 2023

When you refinance your student loans, you take out a new loan and use it to pay off your existing student loans. There are pros and cons to refinancing: The biggest pro is that you may get a lower interest rate or be able to reduce the amount of your monthly payments. Reducing your interest rate means you pay less over the long run. Lowering your payments each month can help you stay on top of your debt if you’re struggling. If you have federal loans, the biggest drawback to refinancing is that you’ll lose certain benefits like access to student loan forgiveness and economic hardship programs. Regardless of the type of loans you have, you’ll need a good credit score (or a co-signer with a good score) to get approved for a student loan refinance and get a good interest rate.

Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated July 28, 2023

Student loan rehabilitation is one way to get your federal student loans out of default status. If you’re currently trying to get student loan relief but aren’t eligible for any programs because you’re in default, student loan rehabilitation may be exactly what you need for your fresh start. To get your student loans rehabilitated and out of default, you need to contact your loan servicer, create a payment plan, complete the required paperwork, and make a certain number of monthly payments.

Written by Attorney Andrea Wimmer.
Updated July 28, 2023

Filing for bankruptcy is a big decision. It’s important to understand what you stand to gain and lose by filing either type of bankruptcy.

Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated July 28, 2023

If you have debts that you’re unable to pay, there are several options that can help you to get back on your feet. These options range from filing bankruptcy to creating some sort of payment plan that prevents debts from charging off or having creditors sue you and garnish your wages. Here we will look at some avenues to help you manage your debt.

Written by Attorney Andrea Wimmer.
Updated July 28, 2023

While bankruptcy isn’t always the best solution, discharging an old tax debt through Chapter 7 bankruptcy or paying it off through a Chapter 13 bankruptcy is possible.

Written by Attorney Andrea Wimmer.
Updated July 28, 2023

Many worry that their case won’t be accepted if they file bankruptcy without the help of a bankruptcy lawyer. Even though it’s scary to think that this may happen, it doesn’t really work that way. You are allowed to file bankruptcy without a lawyer. And, as long as you follow the bankruptcy court’s instructions and complete all required steps, the risk of having your case dismissed is actually pretty low.

Written by Attorney Andrea Wimmer.
Updated July 28, 2023

Find out what to do if a creditor keeps contacting you even after your bankruptcy has been filed.

Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated July 28, 2023

If you owe the IRS unpaid taxes, they might collect on the debt by putting a garnish on your wages and collecting their money directly from your paycheck. Learn about the rules they must follow when garnishing wages, including how much of your income is exempt from garnishment and how much notice they are required to give you. Also, find out what you can do to stop a wage garnishment that's already in place.

Written by Attorney Andrea Wimmer.
Updated July 28, 2023

Unsecured debt is not tied to any property (collateral) and includes credit cards and medical debt. Chapter 7 and Chapter 13 cases eliminate most unsecured debts.

Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated July 28, 2023

As Americans struggle to cope with the financial uncertainty caused by the Covid-19 pandemic, the United States Congress has passed the Coronavirus Aid, Relief, and Economic Security (CARES) Act. Among other things, the CARES Act protects borrowers of federally backed mortgage loans from foreclosure. This article will discuss the foreclosure protections, moratorium on evictions, and other mortgage relief implemented by the CARES Act.

Written by the Upsolve Team. Legally reviewed by Attorney Paige Hooper
Updated July 28, 2023

If you own property that's not protected, or not fully protected, by exemptions, you may owe money to your bankruptcy estate. You can either pay the money into the estate and keep the property or asset, or you can surrender the property, keep the exempted amount, and not have to pay into the estate.

Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated July 27, 2023

Bankruptcy exemptions play an important role in Chapter 7 cases, and the homestead exemption may be the most important of all. It’s the homestead exemption that makes it possible for many people to wipe out unsecured debt in Chapter 7 bankruptcy without losing their homes. In this article, you’ll learn how the homestead exemption may protect your house in bankruptcy. We’ll also touch on some of the limitations of the homestead exemption. And, we’ll discuss alternatives for people who aren’t fully protected by their state’s exemptions.

Written by Your Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated July 27, 2023

If you owe attorney fees when you go to file your bankruptcy case, most will be treated as unsecured debt and discharged as part of your bankruptcy case. There are some exceptions to this, especially for attorney fees related to family court matters. Keep reading to learn more about how attorney fees are treated in bankruptcy.

Written by Attorney Andrea Wimmer.
Updated July 27, 2023

Chapter 7 and Chapter 13 bankruptcy are the two most common types of personal bankruptcy filings. Chapter 7 bankruptcy can wipe out unsecured debts like credit card debt and medical bills in just 3-4 months. Though the filing can stay on your credit report for 10 years. You must pass a means test and meet certain criteria to qualify for Chapter 7. Chapter 13 takes longer — usually 3-5 years — because filers are on a repayment plan. After the plan is up, any remaining unsecured debt is discharged. Chapter 7 can stay on your credit report for up to 7 years. Some filers choose Chapter 13 because they don’t qualify for Chapter 7 or because they own certain assets they want to protect. Even though there are differences between Chapter 7 and Chapter 13 bankruptcy, each one grants the filer a fresh financial start in the form of a bankruptcy discharge — a court order that relieves you of your debt and bans creditors from trying to collect from you on this debt.

Written by Attorney Andrea Wimmer.
Updated July 27, 2023

If you're being sued by a creditor for an unpaid debt but you're in the process of filing bankruptcy, you may be wondering if you need to show up to your court date for the creditor's lawsuit against you. It will depend on when your court date is and where you're at in the process of filing your bankruptcy case. If you haven't filed your bankruptcy case by the court date for your creditor's lawsuit against you, make sure you attend the hearing. Otherwise, the judge can potentially grant a default judgment against you simply because you didn’t show up. If you have filed your bankruptcy case, it's still a good idea to show up to the hearing to let the judge know. Or you can contact the court clerk prior to the court date to let them know and see what they advise.

Written by Attorney Andrea Wimmer.
Updated July 26, 2023

Secured debt is connected to a piece of property that the bank can take back if there's a payment default. The most common type of secured debt are car loans.

Written by Attorney Andrea Wimmer.
Updated July 26, 2023

The Chapter 7 bankruptcy rules are not as difficult to understand as you might believe, but there’s quite a few of them. Keep reading to get a basic understanding of the Chapter 7 bankruptcy rules and ensure a successful Chapter 7 bankruptcy filing.

Written by Amy Carst. Legally reviewed by Attorney Andrea Wimmer
Updated July 26, 2023

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.

Written by Attorney Andrea Wimmer.
Updated July 26, 2023

The first thing you should do is give yourself a high five. Whether you found a new job or got a raise in your old job, getting paid more this week than last week is always a good thing! If you’re a few months into your case, then you don’t have to do anything. If it changed shortly after your case was filed, wait for the creditors’ meeting and let the trustee know during the meeting that your income has changed. Depending on how much it changed, they may say don’t worry about it or request that you file updated forms.

Written by Attorney Curtis Lee.
Updated July 26, 2023

If you bring a lawsuit or have the right to bring one against someone for a personal injury case, that's considered an asset during your bankruptcy case. Just like other assets, this may be protected by a bankruptcy exemption. If the potential personal injury reward isn't protected or fully protected by an exemption, the nonexempt portion of the award can be used to pay off your creditors as part of your bankruptcy case.

Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated July 26, 2023

There are pros and cons to most financial decisions. And debt settlement is no exception. Debt settlement helps you pay off old debt, but it can also hurt your credit score. You need a good credit score to get a credit card, auto loan, mortgage, and sometimes even a job. How are you supposed to get ahead if paying off your debt sets you further behind? In this article, we’ll take a closer look at the pros and cons of debt settlement, so you can decide what’s best for you.

Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated July 25, 2023

A foreclosure bailout loan might look like the perfect solution at a glance, but it has downsides, too. Bailout loans, also known as hard money loans, tend to have high interest rates. They may also require the borrower to refinance again within a few years. If you’re considering a bailout loan to stop foreclosure, make sure that you understand your options and their potential impacts on you, your finances, and your family.

Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated July 25, 2023

Debt collection lawsuits for small amounts are usually brought in a special court, called the small claims court. The procedures are simple and costs kept to a minimum. Even though this is a simplified process, a judgment from a small claims court carries the same weight as a judgment from any other court.

Written by Attorney Andrea Wimmer.
Updated July 20, 2023

Bankruptcy exemptions are laws that protect your property in a bankruptcy. Filing for bankruptcy relief doesn't mean that you have to give up everything you own. This article covers how exemptions protect your property in a Chapter 7 bankruptcy.

Written by Attorney Paige Hooper.
Updated July 20, 2023

A car lease isn’t the same as a car loan. A lease is a contract to use a car for a period of time. It’s not considered a debt when you file bankruptcy. If you have a car lease and file Chapter 7, you can continue with the lease if your payments are current. Otherwise, you can give the car back and walk away from the lease. If you file Chapter 13, you’ll have more options for keeping the car, which we’ll explore in this article.

Written by Your Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated July 20, 2023

Life happens to everyone, including those in a Chapter 13 repayment plan. Thankfully, the Bankruptcy Code provides a mechanism for changing (converting) your case from Chapter 13 to Chapter 7 bankruptcy if needed. Let’s take a look at what that entails exactly and what you should know about this affects your property and your debts.

Written by Attorney Andrea Wimmer.
Updated July 20, 2023

Medical debt and loss of income for medical reasons plays a role in more than 60% of personal bankruptcy filings. If you’re struggling to make ends meet while dealing with medical bills, bankruptcy can provide relief.

Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated July 20, 2023

Though bankruptcy provides real debt relief for folks who are struggling to make ends meet, not every debt is treated equally under bankruptcy law. Bankruptcy is a great way to get rid of credit card debt, medical bills, and personal and payday loans. But bankruptcy can’t wipe out recent income tax you owe, alimony, child support, or debt incurred from illegal acts (embezzlement, larceny, etc.) Though there’s a common misconception that student loan debt can’t be erased in bankruptcy, you can discharge, or wipe out, your student loan debt in Chapter 7 or Chapter 13 bankruptcy. You must prove that repaying it is causing undue hardship and that you’ve made good faith efforts to pay in the past.

Written by Attorney Andrea Wimmer.
Updated July 20, 2023

There are a number of different ways that you can prevent foreclosure, even if you ultimately need to give up your home. Don’t be afraid to explore your options, including Chapter 7 and Chapter 13 bankruptcy and find what’s right for your family and personal financial situation.

Written by Attorney Andrea Wimmer.
Updated July 19, 2023

If a creditor sues you to collect on an unpaid debt and wins, they'll get a court judgment against you. This court order allows them to collect on the debt by seizing your real or personal property (or putting a lien on it), garnishing your wages, or levying your bank account. Personal property includes everything from household goods to vehicles. Real property includes things like your home or land. Though creditors can legally seize real and personal property that isn’t covered by an exemption, this isn't common because it can be costly for creditors. It's more common for creditors to use wage garnishment or a bank account levy.

Written by Attorney Andrea Wimmer.
Updated July 17, 2023

If a creditor or debt collector has sued you and gotten a court judgement against you, you have three main options: 1. You can pay the debt. You may be able to negotiate a voluntary payment plan with the debt collector. 2. You can file to have the judgment vacated or removed. 3. You can file bankruptcy to discharge the debt and stop all collection efforts, including those related to a court judgment.

Written by Attorney Andrea Wimmer.
Updated July 12, 2023

Learn about the Chapter 7 bankruptcy income limits including how you may still be eligible for Chapter 7 relief under the bankruptcy means test even if your average income exceeds the median income.

Written by Attorney Andrea Wimmer.
Updated July 12, 2023

Chapter 7 bankruptcy wipes out most but not all debts. Learn what type of debt is erased by a Chapter 7 bankruptcy discharge.