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

What Happens When a Chapter 13 Case Is Dismissed?

Written by Jonathan Petts. Legally reviewed by Attorney Andrea Wimmer
Updated November 21, 2024

When a Chapter 13 bankruptcy is dismissed, your case ends without any debts being discharged, and you lose the protection provided by the bankruptcy court. This means creditors can start or resume collection activities against you, such as wage garnishments, lawsuits, or foreclosure proceedings. Payments you made toward your Chapter 13 repayment plan won’t be refunded, and your debts will revert to what you owed before filing, minus any payments made during the case. Additionally, the dismissal will be noted on your credit report, which can negatively affect your credit score.

Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated November 21, 2024

Generally speaking, you can’t be pursued for your spouse’s debt unless you live in one of the nine community property states (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin) or you’ve co-signed or co-borrowed on a loan or you have a joint account. In community property states, most debts incurred during the marriage are considered shared, which means creditors might be able to pursue both spouses for repayment, even if only one spouse signed for the debt.

Written by Attorney Andrea Wimmer.
Updated November 7, 2024

Chapter 7 bankruptcy is a powerful tool that wipes out common consumer debts, including credit card debt, medical bills, personal loans, payday loans, unpaid utility bills, and more. Some debts, like child support and alimony, can’t be discharged in bankruptcy.

Written by Attorney Andrea Wimmer.
Updated November 7, 2024

From filing to discharge (wiping out debts), Chapter 7 bankruptcy cases typically take 4–6 months. As far as personal bankruptcies go, Chapter 7 is the fastest. By comparison, Chapter 13 takes 3–5 years because a repayment plan is involved. If you file Chapter 7, the timeline for discharge will depend on how complicated your case is, what kind of debt you have, and how quickly you complete the requirements like the financial management course.

Written by Attorney Andrea Wimmer.
Updated November 5, 2024

The Chapter 7 means test is the analysis that determines whether you're eligible to file Chapter 7 bankruptcy. It’s called the bankruptcy means test because, at its most basic level, it looks at whether someone has the means (ability) to pay their debts. The means test has two main steps, but if you "pass" the first step, you don't have to do the second step. In the first step, you'll compare your income to the median income in your state based on the size of your household. If you don't "pass" the first step, you can move on to the second step, which takes your expenses into account as well.

Written by Attorney Eva Bacevice. Legally reviewed by Attorney Andrea Wimmer
Updated November 4, 2024

If you’re married, you can file bankruptcy without your spouse. But doing so doesn’t mean your spouse won’t be impacted. Before you choose whether to file individually or jointly, you’ll want to consider many factors, including what debts and assets you have together, whether you co-mingle your finances, and if there’s a prenuptial agreement.

Written by Attorney Andrea Wimmer.
Updated November 1, 2024

Filing for Chapter 7 bankruptcy doesn’t necessarily mean you’ll lose your car. If you’re current on payments and your vehicle’s value falls within your state’s exemption limits, you may be able to keep it. Some people also choose to “redeem” or “reaffirm” their car loan to keep their vehicle. Understanding your options can help you make the best choice for your financial situation.

Written by Attorney Andrea Wimmer.
Updated November 1, 2024

Written by Krishna Patel. Legally reviewed by Attorney Andrea Wimmer
Updated October 28, 2024

Many people who file bankruptcy are able to keep their home, but whether or not you’ll be able to do so depends on several factors. To keep your home in Chapter 7, you’ll need to be up to date on your mortgage payments and your home equity must be covered by the homestead exemption in your state. In Chapter 13, you can catch up on missed mortgage payments through a repayment plan, which can help you keep your home and avoid foreclosure.

Written by Attorney Andrea Wimmer. Legally reviewed by Attorney Paige Hooper
Updated October 28, 2024

Social Security Disability Income (SSDI) benefits are generally protected from garnishment, which means creditors can’t take this money to pay off most debts. But, there are some exceptions. Your SSDI benefits can be garnished to cover unpaid child support, alimony, federal taxes, or federal student loans.

Written by Attorney Jenni Klock Morel. Legally reviewed by Attorney Andrea Wimmer
Updated October 24, 2024

It can cost as little as $400 to file for bankruptcy or up to as much as $3,000 or more if you hire a bankruptcy lawyer. Bankruptcy costs include court filing fees, credit counseling course fees, and attorney fees if you hire a bankruptcy lawyer. The total cost will largely depend on your financial situation, the complexity of your case, and whether you file Chapter 7 or Chapter 13 bankruptcy.

Written by Attorney Eva Bacevice. Legally reviewed by Attorney Andrea Wimmer
Updated October 23, 2024

Before filing Chapter 7 bankruptcy, you can spend money on necessary expenses like rent, utilities, groceries, and medical bills. However, you should avoid making any large or unusual purchases or paying off debts to friends or family, as this could raise red flags with the bankruptcy court. Spending money on luxury items or transferring assets before filing could be seen as fraudulent and might affect your case.

Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated October 21, 2024

Creditors can legally send your debt to a collection agency without notifying you first. In most cases, you’ll have some notice that your account is at risk of being sent to collections. Once a debt collector has your debt, they’re legally required to provide you with a written notice of your debt account before they first contact you or within five days of their first contact with you.

Written by Attorney Andrea Wimmer.
Updated October 16, 2024

There are four direct ways you can take action to stop a wage garnishment: 1. Try to negotiate a payment plan with your creditor(s) or settle your debt. 2. Challenge the wage garnishment in court. 3. File for bankruptcy to stop the garnishment fast. 4. Reach out to a nonprofit to ask for financial assistance. Having your wages garnished reduces your disposable income and can feel very stressful. But remember, you have rights and there are ways to stop the garnishment.

Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated October 16, 2024

A healthcare provider can try to collect unpaid medical debts, just like any other debt collector might. A provider may even take legal action to garnish a patient’s wages if their collection efforts are ignored. Before a provider can take your wages, the facility or physician must sue you for nonpayment and win the case in court. If a healthcare provider wins a lawsuit against you, the court will award a judgment (court order) to the provider or its collection agent to garnish your wages. You may be able to avoid or stop a garnishment. Learn more in this article.

Written by Attorney Andrea Wimmer.
Updated October 15, 2024

Chapter 13 bankruptcy can help provide debt 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 can handle over a 3–5-year payment plan. After you make all your plan payments and meet all the other requirements, 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 September 23, 2024

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 Attorney Andrea Wimmer.
Updated September 23, 2024

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 Jonathan Petts.
Updated September 17, 2024

Exemptions help you protect your property and assets in bankruptcy. There are both state and federal exemptions, but Arizona has opted out of the federal bankruptcy exemptions. That means, if you’ve lived in Arizona for at least two years when you file your bankruptcy case, you have to use Arizona's exemption laws. Arizona has a generous homestead exemption of $250,000. The motor vehicle exemption is $15,000 for single filers (or $25,000 if you or a dependent is disabled). Arizona does not have a wildcard exemption.

Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated September 17, 2024

If you’ve lived in Oregon for at least two years when you file bankruptcy, you can choose between the state or federal bankruptcy exemptions. Generally speaking, if you’re filing alone and you own a home, you’ll get great protection using Oregon’s state exemptions. If you don’t own a home, you may benefit more from federal exemptions, which provide a more generous exemption for your car and a wildcard exemption you can use to protect any property not otherwise protected.

Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated September 17, 2024

If you’ve been an Illinois resident for at least two years, you’ll need to use the state’s exemptions if you file Chapter 7 bankruptcy. Exemptions help you protect important property, from your household furnishings and clothing to your car and retirement accounts. The homestead exemption in Illinois is $15,000 (or $30,000 if you’re married and filing jointly). The motor vehicle exemption is $2,400. Illinois also offers a $4,000 wildcard exemption.

Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated September 5, 2024

If you’ve lived in Michigan for at least two years when you file bankruptcy, you can choose between the state’s exemptions or the federal bankruptcy exemptions. Both have the same aim — to help you protect your property. Michigan has a higher homestead exemption than the federal government ($46,125 vs. $27,900). But if you aren’t a homeowner, the federal exemptions for personal property, including your vehicle, are more generous.

Written by Attorney Andrea Wimmer.
Updated August 27, 2024

Although most courts are closed to the public, you can still file your bankruptcy case by submitting your forms. In person filing has been suspended at most courts for the time being and each court has established its own specific filing procedures. This article is intended to provide you with a general overview of how the COVID-19 outbreak impacts your options for filing your bankruptcy forms. To find instructions for your court, visit your court’s website. Please be sure to closely follow the instructions provided by the court on how to file your bankruptcy forms.

Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 21, 2024

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 August 21, 2024

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 August 21, 2024

If you’re experiencing a temporary hardship and need a little breathing room on your mortgage payments, you may be able to get a deferral or you can ask your lender for a late fee waiver. A mortgage payment deferral is designed to help you get back on track so that you can keep making your payments on time.

Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 20, 2024

While all states follow unemployment insurance guidelines set by federal law, each state is free to establish the eligibility requirements for unemployment benefits in their state. Because each state has different laws about the eligibility requirement for unemployment benefits, the amount of time required to qualify will depend on the laws of your state. This article will summarize the amount of time that UI claimants must work to qualify for benefits.

Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 20, 2024

PACER stands for Public Access to Court Electronic Records. It’s a system to access case information, the docket, and the documents filed in a particular case electronically.

Written by Attorney Andrea Wimmer.
Updated August 20, 2024

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!

Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 20, 2024

While you don’t have to hire a lawyer to file a bankruptcy case, you may want legal assistance. If so, there are several resources you can use to find an affordable bankruptcy attorney, including your state bar association’s website, the National Association of Consumer Bankruptcy Attorneys, or a local legal aid organization. Many bankruptcy lawyers also offer a free consultation for prospective clients. You can get free legal advice during the consultation and learn more about the lawyer’s fees and options for paying them.

Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 20, 2024

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 the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 20, 2024

Everyone who wants to file for bankruptcy has to take a credit counseling course before they can do so. While there is a small cost associated with this requirement, it is possible to take the required course for free by requesting a fee waiver.

Written by Jonathan Petts.
Updated August 19, 2024

If you want to get your federal student loan debt discharged as part of your bankruptcy case, you’ll need to file an adversary proceeding (AP). An AP is a legal process used in bankruptcy court to resolve specific issues or disputes that arise during a bankruptcy case. Due to changes in late 2022, APs for federal student loan discharge may look different than other APs. Under the 2022 guidance, discharge proceedings are meant to be simpler and more efficient for bankruptcy filers. If you’re filing an adversary proceeding to discharge federal student loans, you may be able to handle it yourself, without hiring an attorney. This article explains how APs work for bankruptcy filers seeking to discharge student loan debt through bankruptcy.

Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 14, 2024

If you’ve been a Florida resident for at least two years and you file Chapter 7 bankruptcy, you’ll need to use the state’s exemptions to protect your property. Exemptions are laws that outline how much of different kinds of property are protected when you file a bankruptcy case. Most filers see that all their property is protected. In Florida, the homestead exemption protects all the equity you have in your home, given you meet a few criteria. The motor vehicle exemption is only $1,000, but if you don’t use the homestead exemption, you can apply the $4,000 wildcard exemption to your vehicle (or any other property) as well.

Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 14, 2024

Texas has more generous bankruptcy exemptions than many other states. It also allows bankruptcy filers to choose whether they want to use the Texas state bankruptcy exemptions or the federal bankruptcy exemptions. In many cases, the state exemptions are more beneficial to bankruptcy filers who own a home or car. But unlike the federal exemptions, Texas doesn’t offer a wildcard exemption to protect personal property of your choosing.

Written by Attorney Andrea Wimmer.
Updated August 14, 2024

Chapter 7 bankruptcy is a powerful debt relief tool. It helps give a fresh start to those who are drowning in debt and can't see a way out. Though bankruptcy requires a lot of paperwork and documentation, many people with simple cases file successfully on their own without a lawyer. Here are the 10 steps to file your case successfully: 1. Collect your documents 2. Take the required credit counseling course 3. Complete the required bankruptcy forms 4. Get your filing fee ready or fill out a fee waiver request 5. Print your completed bankruptcy forms 6. Go to the court to file your forms 7. Mail required documents to your trustee 8. Take the second required bankruptcy course on financial management 9. Attend the 341 meeting with your trustee 10. Deal with your car loan if you have one

Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 7, 2024

Bankruptcy exemptions are rules that allow people who file for bankruptcy to keep certain important items instead of having to sell them to repay their debts. If you’re filing bankruptcy in Ohio, you must use the state’s exemptions to protect your property. Ohio has a homestead exemption of up to $161,375 for individual filers ($322,750 for married couples), a $4,450 motor vehicle exemption, and a $1,475 wildcard exemption. It also has exemptions for personal property and money benefits.

Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 1, 2024

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 the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 1, 2024

Being in debt is stressful, but did you know you have several options to address your debt and find financial security? The most common debt relief options are: 1. Debt management plans (DMPs), which are facilitated by nonprofit credit counselors for a small fee 2. Debt consolidation, which includes DMPs but can also be done by taking out a personal loan or doing a credit card balance transfer to a credit card offering 0% APR for a period of time 3. Debt settlement, which is where you negotiate a discount on your debt in collections 4. Bankruptcy, which is where you file paperwork with a court to get a financial fresh start by discharing credit card debt, medical bills, utility bills, personal loans, and payday loans

Written by Jonathan Petts.
Updated August 1, 2024

Yes, you can file bankruptcy even if you’re in or were in a debt relief program such as a debt management plan. Once you file your bankruptcy case with the court, you can stop making the payments under the debt relief plan you’re in (if you haven’t already). Once the bankruptcy court grants your discharge, you won’t have to worry about repaying the debts included in your case. Many people can benefit from other debt-relief options before filing bankruptcy, but sometimes bankruptcy is the best choice to meet your financial goals and take control of your debt.

Written by Amy Carst. Legally reviewed by Attorney Andrea Wimmer
Updated August 1, 2024

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 the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 1, 2024

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 August 1, 2024

It's usually most effective to negotiate a debt settlement over the phone with the debt collector. Once you negotiate a settlement, it's important to get the agreement in writing.

Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated July 2, 2024

Bankruptcy exemptions help bankruptcy filers protect the property they own so they don't have to start over with nothing after their debts are discharged. Colorado has opted out of the federal bankruptcy exemptions, so residents must use the state exemptions instead. Fortunately, Colorado has generous bankruptcy exemptions, which were expanded and revised in 2022, including a $250,000 homestead exemption (for filers under 60) and a $15,000 motor vehicle exemption.

Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated June 10, 2024

Common advice for getting out of credit card debt, like tightening your budget and repaying high-interest accounts first, only works if you actually have extra cash to put toward your credit card debt. What are you supposed to do if you don’t have money to put toward your debt? Read this article to learn more about alternative methods for paying down credit card debt, including debt consolidation, debt management programs, and debt settlement.

Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated May 21, 2024

Unsecured debt is any debt that isn’t backed by collateral. The most common types of unsecured debt are credit card debt, student loans, personal loans, cash advances, medical debt, retail store accounts, and money borrowed from family or friends. If you default on unsecured debts, the lender can send your account to a collection agency, which can lead to stressful phone calls and notices, a lowered credit score, and more difficulty getting new credit in the future.

Written by Attorney Andrea Wimmer.
Updated May 21, 2024

The main pros to Chapter 7 are that you can receive immediate relief from collection actions (due to the automatic stay) as well as permanent relief from debts if your bankruptcy is discharged. The main cons to Chapter 7 bankruptcy are that most secured debts won’t be erased, you may lose nonexempt property, and your credit score will likely take a temporary hit. Filing for bankruptcy is a very effective way to eliminate debt and get a fresh start. As with everything, there are upsides and downsides to filing Chapter 7 bankruptcy.

Written by Attorney Andrea Wimmer.
Updated May 21, 2024

Most bankruptcy courts don’t allow individuals who are filing bankruptcy without an attorney to file their bankruptcy forms online. However, filing your bankruptcy case with the court is only one of 10 steps to filing bankruptcy. Many of the other steps can be done online, like accessing the required bankruptcy forms, taking the two required credit counseling and financial education courses, and attending your 341 meeting of creditors (usually).

Written by Kristin Turner, Harvard Law Grad. Legally reviewed by Attorney Andrea Wimmer
Updated May 21, 2024

Chapter 7 bankruptcy is a common legal process to clear your debt, but it’s not right for everyone. One good question to ask yourself if you’re considering Chapter 7 bankruptcy: Do I have more debt than I’ll ever be able to pay back, given my current income and property? If the answer is "yes," then Chapter 7 bankruptcy may be the right option.

Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated April 19, 2024

This article will explain how to get your credit report and what types of information — positive and negative — will appear on your report. We'll also talk about how to fix your credit report when misinformation appears on your credit history.

Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated April 19, 2024

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 Attorney Tina Tran.
Updated April 19, 2024

Your credit report has a lot of power over your daily life - whether that's when you go to get a new car or are applying for an apartment. In addition to using credit responsibly, keeping an eye on your credit report is one of the most valuable things you can do to make sure your financial house is as stable as possible. There are three ways to request a copy of your free credit report.

Written by Attorney Andrea Wimmer.
Updated April 19, 2024

Bankruptcy is not right for everyone or every situation. If you're not sure whether bankruptcy is right for you, knowing what alternatives are available to give you some relief from your debts is a critical part of making the right decision for you and your family. Let's take a look at some of the most common bankruptcy alternatives.

Written by Jonathan Petts. Legally reviewed by Attorney Andrea Wimmer
Updated April 19, 2024

Debt consolidation does not erase debt, but it can be helpful in reducing your interest rate on debt you owe.

Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated April 18, 2024

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 April 18, 2024

Debt is a result of borrowing money that has to be paid back over a period of time. Lending institutions, like banks, will lend you money so you can make a purchase. In turn they expect you to pay them back, with interest. Debt can be classified in two broad categories: corporate debt and personal debt, which is also called consumer debt. Corporate debt involves loans between businesses and, generally speaking, has little to no impact on personal debt. This article will explain the most common types of consumer (personal) debt and how to handle it.

Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated April 5, 2024

Repossession is one type of negative event on a credit report that can affect approval for any type of loan, especially a mortgage. While a repossession won’t directly prevent you from getting a mortgage loan, it won’t make it easy. Because everyone’s credit profile is different, it’s hard to predict the impact of a repo on anyone’s home loan application. This article will explain how a repossession can affect your credit history and how it affects getting approved for a mortgage loan.

Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated April 5, 2024

Having your car taken back by a lender is understandably a terrible experience, and you might be wondering what your options are. Although there are steps you can take on your own, a lawyer knowledgeable about car repossession can help. Most importantly, they can explain the car repossession process and provide you with options specific to your situation. This article will explain how a lawyer can help you, what things lawyers cannot do in the event of a car repossession, and how to find a lawyer.

Written by Amy Carst. Legally reviewed by Attorney Andrea Wimmer
Updated April 5, 2024

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.

Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated April 5, 2024

California law permits cars to be repossessed after one late or missed loan payment. Cars may be repossessed after missed insurance payments as well. There is no legally required grace period, and the repossession company doesn’t have to give you notice that they are repossessing your car.

Written by Attorney Andrea Wimmer.
Updated March 27, 2024

The Chapter 7 income limits were added in 2005 when Congress passed the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA). Since Chapter 7 bankruptcy doesn’t involve a repayment plan of any kind, Congress worried about an abuse of the bankruptcy process by filers who could afford to pay their debts. To prevent this, Congress added a credit counseling requirement for anyone filing any type of bankruptcy and set income limits for Chapter 7 relief. The bankruptcy means test calculation determines whether someone can afford to pay a portion of their consumer debts as part of a Chapter 13 bankruptcy, which requires a 3–5 year repayment plan.

Written by Attorney Andrea Wimmer.
Updated March 27, 2024

Filing for bankruptcy relief doesn't mean that you have to give up everything you own. Bankruptcy exemptions are laws that protect your property in a bankruptcy. The majority of Chapter 7 filers don't lose any of their property when they file bankruptcy. This article covers how exemptions protect your property in a Chapter 7 bankruptcy.

Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated March 25, 2024

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 Attorney Andrea Wimmer.
Updated March 25, 2024

There are nine community property states. Alaska also allows married couples to opt into a community property arrangement. Community property states typically consider any property acquired during a marriage to be jointly owned by both spouses, regardless of who made the purchase or what the title says. This is important in bankruptcy because creditors may be able to access community property if one spouse files bankruptcy.