Eva Bacevice, Esq.

Eva Bacevice, Esq.

Contributor

Eva G. Bacevice graduated from the University of Michigan Law School in 2001. She practiced law for close to a decade in the area of consumer bankruptcy. She now works in higher education as an Academic Advisor for undergraduate students at the Stephen M. Ross School of Business, University of Michigan and has recently joined Upsolve as a content writer.

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Can I buy a car after bankruptcy?

Buying a car after completing a Chapter 7 is definitely possible and not uncommon. The longer that you can wait to make a large purchase after receiving your discharge the better off you will be.

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What are the Delaware Bankruptcy Exemptions?

Each state has its own set of bankruptcy exemptions available to its residents. There is also a set of exemptions available at the federal level in the United States Bankruptcy Code, which is part of the U.S. Code or U.S.C., and each state can decide whether or not to offer the federal exemptions as an alternative option for filers. Only a minority of states offer a choice. Delaware, like the majority, has opted out of allowing its residents to use the federal bankruptcy exemptions. So, if you’re filing bankruptcy in Delaware, you’ll be limited to only using the Delaware state exemptions. You can, however, also use any of the federal nonbankruptcy exemptions if you qualify to supplement the state exemptions.

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What are the Louisiana Bankruptcy Exemptions?

Every state has its own set of bankruptcy exemptions, which are available to residents who file bankruptcy in that state. There is also a set of federal exemptions available under the United States Bankruptcy Code. Each state can decide whether to allow its residents to choose between their state exemptions and the federal exemptions. Louisiana is an “opt-out” state, which means that residents are limited to using only the Louisiana state exemptions. Debtors filing in Louisiana can, however, use any of the federal nonbankruptcy exemptions that they qualify for as a supplement to the state exemptions.

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Tax Credits and Bankruptcy

Tax credits reduce the total tax owed by the individual or family claiming the credit. Many low-income families have all or a portion of such a tax credit refunded to them once their tax return is filed and their eligibility to claim the credit confirmed by the Internal Revenue Service. This article will review some of the most commonly used tax credits available to low-income individuals and how these credits are treated in a Chapter 7 bankruptcy.

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What You Need To Know About Divorce And Bankruptcy

Divorce and bankruptcy often go hand-in-hand. Financial strain can accelerate marital strife just as easily as pending separation can negatively impact your financial stability. While you may need to seek legal relief on both fronts, it is important to know how they impact one another, and that your personal circumstances will determine the best order to address them.

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When is Chapter 13 Better than Chapter 7 Bankruptcy?

If your main intention is to keep secured non-exempt property and catch up on past due-payments, a Chapter 13 might be the better choice.

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Can I get a mortgage after chapter 7 bankruptcy?

Yes, you can get a mortgage after a chapter 7 bankruptcy. Lenders have their own requirements and waiting periods.

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How to get debt relief through personal bankruptcy

Bankruptcy is a legal process to reorganize or eliminate - or discharge - someone’s obligation to pay all or some of their debts. The Bankruptcy Code provides both protections for filers and a system to treat creditors fairly under the law. Personal bankruptcy is a case filed by an individual (or married couple) to get relief from debt. This article will provide an overview of the two different types of personal bankruptcy and how each can provide you with a fresh start.

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Can filing bankruptcy stop a debt collection lawsuit against me?

In most cases, yes. In fact, facing a possible judgment or receiving one in a debt collection case is often why you might decide to file for bankruptcy. A debt collection lawsuit is a civil lawsuit (not criminal). These most often occur if a creditor has filed a suit against you for non-payment of a debt which may lead to the creditor garnishing your paycheck.

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I’m a 1099 Contractor. How is My Bankruptcy Different?

Much of the bankruptcy process is the same for people who are a full-time employee and people who are contractors. However, there are a few differences. When your income is not regular or easily predicted, you must demonstrate that you are eligible to file and ensure that it makes sense to file when you do.

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Can Bankruptcy Stop Eviction?

Yes, bankruptcy can stop an eviction temporarily in most cases, but will not stop an eviction in the long term.

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What Are the North Carolina Bankruptcy Exemptions?

Every state has its own set of bankruptcy exemptions. There’s also a set of federal exemptions contained in the United States Bankruptcy Code. Several states allow filers to choose whether to use state exemptions or federal bankruptcy exemptions, however, North Carolina doesn’t allow for the choice. If you’re a North Carolina resident filing bankruptcy, your only option is to use the North Carolina state bankruptcy exemptions. You can, however, use the federal nonbankruptcy exemptions in addition to the North Carolina state exemptions for any other federal protections available, either within a bankruptcy or not, beyond the state exemptions.

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What Are the Kansas Bankruptcy Exemptions?

Kansas does not allow filers to choose between using state exemptions and the federal exemptions. If you have lived in Kansas for more than two years you must use Kansas state exemptions in your bankruptcy case. If you do not meet the two-year (730-day) residency requirement, then you need to use the 180-day rule to determine which state’s rules apply. With the 180-day rule, you should look to where you lived for the majority of the 180 days before two years prior to your filing date. In other words, where you lived two and a half years ago. Once you have surpassed that two-year mark, however, you’re only able to use Kansas state exemptions. Married couples filing a joint bankruptcy together in Kansas can double most of the exemption amounts, so long as both spouses have an ownership interest in the property. Additionally, filers in Kansas can also use the protections offered by the federal nonbankruptcy exemptions along with their state exemptions.

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What Are the Nevada Bankruptcy Exemptions?

Nevada has opted out of the federal bankruptcy exemptions. This means that if you file for Chapter 7 bankruptcy in Nevada, presuming you fulfill the residency requirement, you must use the Nevada state exemptions for your bankruptcy case. There is one exception to this, which is if you have lived in Nevada for less than 730 days (two years), you don’t yet qualify to use the Nevada state exemptions. Instead, you’ll need to look back to where you lived during the 180 days before the two years prior to your filing, or roughly two and a half years ago. In either case, you will still have access to the federal nonbankruptcy exemptions in addition to your state exemptions.

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Can bankruptcy take your 401k or IRA?

Retirement accounts are almost always protected in a bankruptcy case. If you are considering filing, it’s best to keep your retirement assets where they are. Unless you can fully pay off all of your debts, taking money out of your retirement accounts to keep up usually only prolongs the inevitable.

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I’m unemployed. Can I file for bankruptcy?

You don’t have to be employed to file for bankruptcy. That said, unemployment can require you to file a Chapter 7 case and add things to consider when you do.

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Can I Amend My Bankruptcy Forms After I File?

You can almost always amend your bankruptcy forms after you file. Knowing how the process works can help you correct a mistakes or add information if need be.

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Chapter 7 Discharged. Now what?

Monitor your credit report, stick to a budget, live within your means, rebuild your credit and live your life with a fresh start!

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What are the Hawaii Bankruptcy Exemptions?

Bankruptcy exemptions can vary from state to state as each state has its own exemption laws. States can also decide whether or not to allow the federal bankruptcy exemptions, which can be found in the United States Bankruptcy Code, as an alternative option to its residents. A minority of states allow a choice between state exemptions and federal exemptions, and Hawaii is on that list. This means that anyone filing bankruptcy in Hawaii can choose to use the state exemptions or the federal ones, depending on whichever suits them best. Please note that while you can choose between exemption sets, you can’t pick and choose for individual items. Whichever set you choose will be the only one that you can apply in your case. If you do decide to use Hawaii bankruptcy exemptions you can also supplement them with the federal nonbankruptcy exemptions if any are applicable.

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What are the Alaska Bankruptcy Exemptions?

Every individual state has its own set of bankruptcy exemptions available to residents. Bankruptcy exemptions also exist at the federal level in the United States Bankruptcy Code. Some states, including Alaska, allow their residents to choose between the state and federal exemptions. To be clear, you can’t pick and choose among all of the individual exemptions, rather you can decide which set you want to use, but then you are limited to the options within that set. If you decide to go with Alaska state exemptions, you can also supplement those with any federal nonbankruptcy exemptions that may apply.

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Filing bankruptcy after a divorce

It’s not at all uncommon for either or both spouses to file for bankruptcy following a divorce. It could be that issues in the marriage led to financial problems. Or perhaps financial strains added to marital issues. Either way, the two often go hand-in-hand. If you are thinking of filing for bankruptcy after a divorce, there are several things you should keep in mind.

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What are the New Jersey Bankruptcy Exemptions?

Every state has its own set of bankruptcy exemptions. There is also a set of federal bankruptcy exemptions contained in the United States Bankruptcy Code. Several states, including New Jersey, allow residents to choose between taking the New Jersey bankruptcy exemptions and the federal exemptions. It’s important to note that you have to pick one set of exemptions and stick to it, you can’t pick and choose from both New Jersey exemptions and federal, rather go with the set that gives you the most protection. If you decide to go with the state exemptions you can also use the federal nonbankruptcy exemptions as a supplement, so long as you meet the qualifications.

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What are the Idaho Bankruptcy Exemptions?

Every state has its own set of exemptions for bankruptcy cases. There is also a set of federal exemptions that are listed in the United States Bankruptcy Code. Each state gets to decide if they want to offer the federal bankruptcy exemptions as an alternative choice to their state exemptions. Idaho has opted out of the federal exemptions, which means that residents in Idaho are limited to using Idaho state exemptions in any bankruptcy case. Filers in Idaho can, however, supplement the state exemptions with the federal nonbankruptcy exemptions that protect benefits like federal laws protecting social security benefits from garnishment.

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What are the Nebraska Bankruptcy Exemptions?

Every state has its own set of bankruptcy exemptions under state laws. There is also a set of federal bankruptcy exemptions which can be found in the United States Bankruptcy Code. Some states allow their residents to choose between the state and federal exemptions. Nebraska, however, does not offer the choice to its residents. If you have lived in Nebraska for at least the last two years and you are filing for bankruptcy, you are limited to using the Nebraska state exemptions, but you can supplement those with any federal nonbankruptcy exemptions that apply. These additional exemptions are available whether or not you are in a bankruptcy case.

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Everything You Need to Know About How Bankruptcy affects Credit Union Accounts

There are a lot of details to understand when you are deciding whether filing for bankruptcy is a good idea. If you are a member of a credit union, there are some specific things to consider that are unique to this type of organization. Keep reading to learn how bankruptcy affects credit union accounts.

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Spending money before filing Chapter 7 bankruptcy

While it seems strange, sometimes folks in need of bankruptcy relief have money that they need to spend before their case can be filed to maximize their fresh start by getting set up in the best possible way. Even if you don’t have a bunch of money to spend before filing your case, it’s important to know what to avoid in the months leading up to your filing, so you don’t inadvertently make your case more complicated than it needs to be.

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Can I file bankruptcy without my spouse?

Yes, you can file bankruptcy without your spouse. A variety of factors play a role in determining whether filing bankruptcy with or without your spouse makes the most sense for you. This article will explore some of these considerations, then provide you with an overview of how to file bankruptcy without your spouse.

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Can you file bankruptcy twice?

Yes, you can file for bankruptcy twice. The real question is how soon can you file a second bankruptcy? This depends on several factors, including what chapter your last case was filed under.

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Can I File Bankruptcy with No Money While Being Unemployed?

Your ability to file a bankruptcy case is not dependent on your employment status. Being unemployed is a common cause when it comes to reasons to file bankruptcy, and it is possible to file bankruptcy with no money. If you’re unemployed, consider the factors and information discussed below when making your decision about whether bankruptcy is right for you.

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How to File Bankruptcy Without a Lawyer?

You are not required to hire an attorney to file bankruptcy. You can do so for free, or with a legal aid organization.

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Can attorney fees be included in bankruptcy?

Attorney fees can, and should, be included in any bankruptcy filing. The larger question is whether attorney fees can be discharged in a bankruptcy proceeding. The answer to that question is generally yes. In this article, we will explore what to look out for if you're trying to discharge attorney fees.

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What does "the automatic stay has been lifted" mean?

The automatic stay is one of the main benefits of filing for bankruptcy. It provides the filer with immediate protection from their creditors, which means all collection calls have to stop, garnishments have to stop, and foreclosures can’t go forward. This article will discuss how the automatic stay works, how it fits in the greater picture of getting Chapter 7 bankruptcy relief, what can cause the automatic stay to end, and what to expect once that happens.

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What are the federal nonbankruptcy exemptions and why does it matter?

The federal nonbankruptcy exemptions are federal exemption laws that exist outside of the Bankruptcy Code and protect property from creditors even if no bankruptcy case has been filed. This article will explore how federal nonbankruptcy exemptions can protect your rights in a bankruptcy case and conclude with a brief overview of some of the most commonly used federal nonbankruptcy exemptions.

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How to Get a Reaffirmation Agreement in Chapter 7 Bankruptcy?

A reaffirmation agreement is a binding contract, and as such you should give careful consideration to the costs and benefits prior to entering into one.

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I'm married. Will filing for Chapter 7 bankruptcy affect my spouse?

If you’re filing for Chapter 7 bankruptcy and your spouse is not, you may be wondering whether they are going to be affected. The short answer is that if your debts are separate, their credit will not be impacted.

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When is Chapter 7 Bankruptcy Better than Chapter 13 Bankruptcy?

If you qualify to file a chapter 7 bankruptcy, and you do not have significant assets to protect, a chapter 7 is probably your best option.

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How to File Chapter 7 with No Money?

Upsolve can help you file Chapter 7 bankruptcy with no money down if you qualify.

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Illinois Bankruptcy Exemptions

The intent of bankruptcy is not to strip you of everything you own. Exemptions allow you to keep many, if not all, of your belongings.

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How Long Does Chapter 13 Bankruptcy Take?

You are likely to spend about 3 to 5 years completing your Chapter 13 case.

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Why do Bankruptcy Cases get Dismissed?

There are three main reasons for dismissal; you do not meet the eligibility requirements to file, there was a procedural error, or the case involves fraud or was filed for fraudulent purposes.

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Texas Bankruptcy Exemptions

The intent of bankruptcy is not to strip you of everything you own. Exemptions allow you to keep many, if not all, of of your belongings.

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Will I lose my personal injury settlement award if I file for bankruptcy?

Whether or not you can keep your personal injury settlement award when you file for bankruptcy depends on a number of different factors.

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Can I fire my bankruptcy lawyer?

Yes, you can fire your bankruptcy lawyer, but it will likely come at a cost.

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What are bankruptcy payments?

Bankruptcy payments can include the cost of filing, attorney fees, payments to your creditors, and other administrative fees.

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What happens if you transfer property before bankruptcy?

You are not allowed to transfer property for fraudulent purposes or for the purpose of hiding the property from your creditors.

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Can You File Chapter 13 Bankruptcy Online Yourself?

There is no "TurboTax" option to file Chapter 13 bankruptcy online.

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Should I file for bankruptcy before I get married?

It is usually easier to file for a bankruptcy before getting married. In a Chapter 7 bankruptcy, it can be beneficial to do so earlier so that you are not bringing debts into the relationship.

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I drive for Uber. Can I keep my car if I file for chapter 7 bankruptcy?

Probably. You are only at risk for losing your car during a Chapter 7 bankruptcy in one of two scenarios.

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Will My Employer Find Out About My Bankruptcy?

Your employer will most likely not find out about your bankruptcy case when you file.

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I am expecting an inheritance. Should I still file for bankruptcy?

If you want to keep the inheritance in full it’s important to wait for at least 180 days before filing your bankruptcy.

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I called my car lender to talk about my bankruptcy and they refuse to talk to me. What should I do?

It is not uncommon to have a lender react this way after a bankruptcy filing. When you file a bankruptcy an automatic stay goes into effect, which means that creditors cannot continue in any collection efforts while the bankruptcy is ongoing.

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How does bankruptcy work if I'm retired?

Bankruptcy works largely the same for people who are retired as for people who are working. Whether you are still working or already retired, your retirement savings are usually protected during bankruptcy.

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How much debt do I need to file for Chapter 7

You cannot have too little or too much debt to file for Chapter 7.

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How do I protect my retirement assets?

Most of your retirement accounts are fully protected in a bankruptcy case. Any retirement account that is “ERISA qualified” is completely excluded from the bankruptcy estate, meaning that there is no risk that the Trustee could take the asset to pay your creditors.

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

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