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 Are the Arizona Bankruptcy Exemptions?

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 Attorney Andrea Wimmer.
Updated August 20, 2024

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

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 Attorney Jenni Klock Morel. Legally reviewed by Attorney Andrea Wimmer
Updated April 15, 2024

It can cost $400-$3,000 to file for bankruptcy, especially if you hire a bankruptcy lawyer. Bankruptcy costs include court filing fees, credit counseling course fees, and, if you hire a bankruptcy lawyer, attorney fees. 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 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.

Written by Attorney Andrea Wimmer.
Updated March 25, 2024

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.

Written by Attorney Andrea Wimmer.
Updated March 7, 2024

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 February 9, 2024

In Florida, you have even more protections from unfair collection practices than you would in other states. The Florida Consumer Collection Practices Act (FCCPA) works with the federal Fair Debt Collection Practices Act to help limit phone calls, threatening letters, and other types of unfair actions from collection agencies and other types of debt collectors. It protects Florida consumers and gives them the right to sue debt collectors that have violated the FCCPA. Keep reading to learn more about the Florida Consumer Collection Practices Act and your rights under federal and state consumer protection laws.

Written by Amy Carst. Legally reviewed by Attorney Andrea Wimmer
Updated January 24, 2024

You can discharge your student loans in bankruptcy if you can prove that repaying the loans is causing (and will continue to cause) “undue hardship.” To determine this, bankruptcy courts and judges use what’s called the Brunner test. The test involves establishing whether you: - Would be unable to maintain a minimal standard of living while repaying student loans - Are suffering from circumstances that will make repayment a hardship for the remainder of the student loan term (or permanently) - Have made good faith efforts to repay the student loan(s) The Brunner test is complex. In the past, courts had little guidance to define “undue hardship,” beyond the somewhat vague Brunner test. Late last year, the Department of Justice and Department of Education released new guidelines to clarify this process for federal student loan borrowers.

Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated December 21, 2023

The Revised Pay As You Earn Repayment Plan (REPAYE Plan) is an income-driven repayment (IDR) plan for federal student loans. Borrowers who aren’t in default and have an eligible federal student loan can make payments under the REPAYE Plan. It requires you to pay 10% of your discretionary income, and the repayment period is 20-25 years.

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

One way you can get debt relief is through debt settlement. A good debt settlement attorney can help you settle your debts. They should also be able to provide advice on other debt-relief options like debt consolidation, debt management, and bankruptcy. A debt settlement lawyer may be able to help you get a better overall settlement deal. Perhaps most importantly, they can help you avoid the stress of communicating with aggressive debt collectors. This article will explain debt settlement and the benefits of hiring a debt settlement attorney.

Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated December 18, 2023

Though there's no standard timeline, you may be most at risk of a debt collection lawsuit after six months of not paying your debt. If you stop making timely payments on a debt, your creditor will first attempt to collect it by sending you notices of nonpayment. This may go on for several weeks before collection attempts intensify. Eventually, the creditor may charge off the debt to a third-party collection agency. If the debt collector can’t successfully collect the debt, you may be at risk of a lawsuit.

Written by Attorney Andrea Wimmer.
Updated December 1, 2023

Creditors and debt collector aren't allowed to contact you after you file your bankruptcy case with the court. If a creditor contacts you anyway, it's usually by mistake. Answer the phone, tell them about your pending bankruptcy, and request that they stop calling. If they continue to contact you, let the court know right away, so they can put an end to it immediately and, if appropriate, punish the creditor for their conduct.

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

California has two important laws — the Rosenthal Act and the Debt Collection Licensing Act — that protect California residents against original creditor and third-party debt collector harassment and abuse. Californians also benefit from the federal Fair Debt Collection Practices Act, which offers many protections and gives you certain rights. The statute of limitations for most consumer debt is four years in California.

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

A lease-to-own (or rent-to-own) program allows borrowers to make installment payments on a vehicle over a period of time determined in the lease. Once all the car payments have been made, the borrower (the lessee) assumes ownership of the vehicle. These arrangements can particularly benefit borrowers who have bad credit and don’t qualify for traditional leases or car loans. That said, these agreements tend to be expensive, so it’s important to understand the terms of the lease-to-own contract before you enter into one.

Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated October 27, 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 the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated October 25, 2023

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

Having a judgment on your credit report will lower your credit score, sometimes significantly. In some instances, though, you can get this negative information removed from your credit history. As with any item on your credit report, you have the right to dispute any judgment on your report that you feel has been made in error or has already been resolved. If a creditor has entered a judgment against you, here’s what you’ll need to do to get it removed from your credit report.

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

While a credit repair service cannot do anything that you can’t do yourself, it may be more convenient for you to enlist their help. Just remember that the cost of credit repair varies depending on the borrower’s circumstances, what type of debt they have, and what blemishes they have on their credit report. Read more to learn how to repair your credit yourself, what the benefits might be of hiring a credit repair service, and how to find a reputable one if that is the route you end up taking.

Written by Kristin Turner, Harvard Law Grad. Legally reviewed by Attorney Andrea Wimmer
Updated September 29, 2023

Filing for Chapter 7 bankruptcy can be an intimidating and daunting process. Especially if it's not something you've ever dealt with before, you may not know where to begin or how it ends. Here is an overview of what to expect as you prepare for your Chapter 7 bankruptcy and what happens after your case has been filed with the bankruptcy court.

Written by Attorney Andrea Wimmer.
Updated September 29, 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 September 29, 2023

A judgment is a court order. If a creditor obtains a debt-related judgment against you, it allows them to recover the debt. Consumer and personal debt from medical bills, car loans, credit cards, back rent, student loans, IRS debt, child support, and other overdue financial obligations can result in a judgments if you get sued for the debt and the creditor wins the lawsuit. These judgments can be structured as a monetary judgment or a judgment lien against property. Filing for bankruptcy can help you prevent, pause, or even stop, certain judgments, including wage garnishments and bank account levies.

Written by Attorney Andrea Wimmer.
Updated September 29, 2023

The Chapter 7 forms packet consists of a voluntary petition, schedules, and statements. The term “petition” is often used to describe the set of forms individuals filing for bankruptcy submit to the court. Here's a walk through of all of them.

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 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 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 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

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 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.