Jenni Klock Morel is a writer, nonprofit leader, and Social Justice Law Scholar. For years she practiced consumer bankruptcy law exclusively as a debtor's attorney, helping individuals and families file for Chapter 7 or 13 bankruptcy protection. Jenni left the practice of law to wield the power of the pen and pursue a career in the nonprofit sector. She has a background in grant writing, development, and years of experience in legal writing for law firms around the nation. Jenni is a research consultant for global NGOs, a contributing writer for Upsolve, and a cat mom.
Articles written by Attorney Jenni Klock Morel
What Is a Bankruptcy Discharge?
Written by Attorney Jenni Klock Morel. Legally reviewed by Jonathan Petts
Updated December 10, 2024
A bankruptcy discharge is the order from the bankruptcy court that relieves the filer of the obligation to pay their discharged debts. It also prohibits creditors from ever trying to collect on that debt ever again. In other words, the discharge is a filer’s main goal in a bankruptcy, whether that’s a Chapter 7 bankruptcy or Chapter 13 bankruptcy. Let’s take a closer look at how this all works, what debts can’t be discharged, and what this all means for you.
Read More →When To Stop Using Credit Cards Before Filing Chapter 7
Written by Attorney Jenni Klock Morel.
Updated December 2, 2024
Once you’ve decided to file bankruptcy, it’s a good idea to stop using your credit cards as soon as possible. Many experts suggest avoiding new charges at least 90 days before filing. Using credit cards too close to filing can create problems, especially if the court thinks you made charges knowing you wouldn’t pay them back. Stopping early can help make the process smoother and protect your path to a fresh start.
Read More →What Happens After You File for Bankruptcy?
Written by Attorney Jenni Klock Morel.
Updated October 30, 2024
After you file for bankruptcy, the court immediately issues an automatic stay, which stops most collection actions. Your case is assigned to a trustee who reviews your financial situation and oversees the sale of non-exempt assets in Chapter 7 cases. You'll attend a meeting of creditors, where you answer questions under oath about your finances. If your filing is approved, your eligible debts are discharged, meaning you don’t have to repay them.
Read More →How Much Does It Cost To File Bankruptcy?
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.
Read More →Can I Settle a Debt After a Lawsuit Has Been Filed?
Written by Attorney Jenni Klock Morel.
Updated August 21, 2024
Yes, you can settle a debt even if a lawsuit has already been filed against you. Some lenders may allow you to pay off your debt through either a repayment plan or partial lump-sum settlement. Either way, ignoring a debt is not a good option. It will only create more issues in the future. It can feel overwhelming to be served with a debt lawsuit. But remember, you’re not alone and you have options.
Read More →What Is Chapter 11 Bankruptcy?
Written by Attorney Jenni Klock Morel.
Updated August 21, 2024
Chapter 11 bankruptcy is a legal process that allows a business to reorganize its debts and continue operating while working out a plan to pay back creditors over time. Most individuals who file bankruptcy would not use Chapter 11. Instead, they'd typically file Chapter 7 or 13.
Read More →Debt Relief Programs and Financial Resources for Veterans
Written by Attorney Jenni Klock Morel.
Updated April 19, 2024
There are many debt-relief programs and resources for veterans and active-duty service members alike. Some focus on helping military personnel with homeownership while others focus on managing your finances and debts. It’s especially important for active-duty military members to keep their finances in order. This will help you get or maintain security clearances. This article covers the most common debt relief programs and financial resources for veterans and active-duty service members.
Read More →Can I Amend My Bankruptcy Forms After I File?
Written by Attorney Jenni Klock Morel.
Updated December 1, 2023
If you make a mistake or accidentally leave information out of your bankruptcy forms, you can almost always amend them after you file. The trustee in your bankruptcy case may also ask you to file an amendment after meeting with you in your 341 meeting. Be sure to fill out the amended forms carefully with the correct information and follow any local court rules to submit the amended forms. Most amended forms don't require a filing fee.
Read More →What Is a Reaffirmation Agreement and How Do You Use One?
Written by Attorney Jenni Klock Morel.
Updated September 29, 2023
People who file bankruptcy are often concerned about what's going to happen to their car. Signing a reaffirmation agreement is one option that lets you keep your car and continue making the payments, but it's not the only option and might not be the best option in your situation. Read on to learn about how reaffirmations work and factors to consider when deciding whether to sign a reaffirmation agreement.
Read More →Can I Use Student Loans To Pay My Rent?
Written by Attorney Jenni Klock Morel.
Updated August 22, 2023
Student loans are intended for educational expenses like tuition and textbooks, but you can also use them to make rent payments. Federal student loans are disbursed to your school, and then any remaining balance goes to you, the student. You can use this money to cover living expenses, including rent. Private student loans may offer more flexibility, you should review the loan terms carefully.
Read More →How Long Does Chapter 13 Bankruptcy Take?
Written by Attorney Jenni Klock Morel.
Updated August 8, 2023
Chapter 13 bankruptcy typically takes three to five years. During that time, you’ll be on a repayment plan to repay some or a portion of your debts. There are a few factors that will determine how long your Chapter 13 repayment plan will last, including your income. At the end of a successful Chapter 13 plan, the remainder of your dischargeable debts will be erased.
Read More →Is It Legal To File a Second Bankruptcy Case?
Written by Attorney Jenni Klock Morel.
Updated August 1, 2023
You can file bankruptcy as many times as you need to, but you usually have to wait between filings. The waiting period depends on several factors, including whether the initial bankruptcy case was dismissed or discharged, what chapter you filed in the first case, and what chapter you plan to file in your second bankruptcy case.
Read More →What Does Filing Bankruptcy Do?
Written by Attorney Jenni Klock Morel.
Updated July 28, 2023
The process of filing for bankruptcy can be a powerful tool if you’re hoping to get out of debt. Bankruptcy can erase credit card debt, medical bills, other types of unsecured debt, and it can stop wage garnishments and other collection actions. The two most common types of consumer bankruptcy individuals and married couples file are Chapter 7 and Chapter 13. In this article, we’ll explore both types of bankruptcy and how they can give families a financial fresh start.
Read More →Payday Loans and Bankruptcy
Written by Attorney Jenni Klock Morel.
Updated July 26, 2023
Payday loans are short-term loans with very high interest rates that are due on the borrower's next payday. Learn how bankruptcy can help you get out of the impossible cycle created by payday loans.
Read More →Can I file Chapter 13 without my spouse?
Written by Attorney Jenni Klock Morel.
Updated July 26, 2023
You can file for Chapter 13 bankruptcy without your spouse. A Chapter 13 bankruptcy works a little differently if only one spouse files. How certain debts and assets are treated is affected by whether the couple lives in a community property state or a common law state. Whether you’re best served by filing without your spouse or by the two of you filing a joint bankruptcy depends on the specifics of your situation. There are many valid reasons for which a person may want to or need to file for bankruptcy protection without their spouse. Read on to learn about filing Chapter 13 without your spouse.
Read More →Reorganizing Your Debt? Chapter 11 or Chapter 13 Bankruptcy Can Help!
Written by Attorney Jenni Klock Morel.
Updated July 25, 2023
Chapter 11 cases are mostly filed by businesses or people with significant assets and debts. Chapter 7 and Chapter 13 are the most common chapters filed by individuals. Read on to learn more about the differences between Chapter 11 and Chapter 13 bankruptcies.
Read More →Do You Have to Go To Court to File Bankruptcy?
Written by Attorney Jenni Klock Morel.
Updated July 20, 2023
Most bankruptcy filers don’t have to attend any formal court proceedings before a judge. There are some rare exceptions to this, but most of the time you’ll only go to court to file your paperwork with the clerk. You'll have to attend a meeting of creditors, but this won’t be held in a courtroom or before a judge. Some of these meetings are held outside the courthouse or virtually.
Read More →What Is the Automatic Stay? How Does It Help?
Written by Attorney Jenni Klock Morel.
Updated July 14, 2023
When you file bankruptcy, the automatic stay takes effect immediately. It provides important protections for bankruptcy files. The automatic stay stops all form of debt collection in addition to wage garnishment, repossession, and foreclosure.
Read More →Student Loan Grace Period: What You Need To Know Before Repayment Starts
Written by Attorney Jenni Klock Morel.
Updated July 12, 2023
All federal student loans — and some private student loans — have a six-month grace period. You don’t have to start paying your monthly student loan payments until after the grace period ends. Interest will accrue, though, during the grace period. If you have a subsidized federal loan, the government will pay the interest. If you have an unsubsidized loan, you’ll be responsible for paying the interest. The grace period begins after you either graduate, leave school, or drop below half-time enrollment. Borrowers can think of the grace period as a time to look for employment and get their finances in order before the first payment is due.
Read More →Judgments: How Long Do They Last and Will Bankruptcy Help?
Written by Attorney Jenni Klock Morel.
Updated July 10, 2023
When a creditor wins a lawsuit against you, the court issues them a judgment. This allows them to take serious collection actions like wage garnishment. The length of time the judgment is enforceable varies depending on the state you live in. In some states, it’s as short as five years, and in other states, it’s as long as 20 years. Judgments can also often be renewed. If you can’t afford to pay a judgment against you, filing bankruptcy can help eliminate the judgment.
Read More →Everything You Need To Know About Student Loan Default
Written by Attorney Jenni Klock Morel.
Updated June 21, 2023
Simply put, defaulting on a student loan means you failed to repay the loan according to the terms you agreed on. Many federal student loan servicers consider these loans to be in default after 270 days of missed payment. Some private student loan lenders put loans into default after 90 days of missed payments. You can contact the servicer of your student loan to verify how many days of nonpayment you have before the servicer considers your account to be in default. Note that federal student loans have been protected against default and its consequences (like wage garnishment, withholding tax refunds, or sending your account to collections) for several years as part of a COVID-19 emergency relief program. Payments have also been paused, and interest has not been accumulating on student loans. Interest will begin to accrue again as of Sept. 1, 2023 and student loan repayment will begin in October 2023.
Read More →What’s the Best Way To Pay Off Student Loans (Fast)?
Written by Attorney Jenni Klock Morel.
Updated May 15, 2023
There’s no penalty for repaying federal or private student loans faster than the repayment schedule. Paying off student loan debts faster will save you money in interest payments. The sooner you’re out of student loan debt, the sooner you’ll be able to achieve other financial goals.
Read More →Navigating Bankruptcy: Understanding Which Debts Can't Be Discharged
Written by Attorney Jenni Klock Morel.
Updated May 11, 2023
Though bankruptcy provides real debt relief for folks who are struggling to make ends meet, not every debt is treated equally under bankruptcy law. Bankruptcy is a great way to get rid of credit card debt, medical bills, and personal and payday loans. But bankruptcy can’t wipe out recent income tax you owe, alimony, child support, or debt incurred from illegal acts (embezzlement, larceny, etc.) Though there’s a common misconception that student loan debt can’t be erased in bankruptcy, you can discharge, or wipe out, your student loan debt in Chapter 7 or Chapter 13 bankruptcy. You must prove that repaying it is causing undue hardship and that you’ve made good faith efforts to pay in the past.
Read More →How To Pass the Chapter 7 Means Test
Written by Attorney Jenni Klock Morel.
Updated May 11, 2023
To qualify for Chapter 7 bankruptcy, you need to pass a means test. In the test, you compare your income with the median income of a similar size household in your state. If your income is lower, you pass the test. If it’s higher, you have to move on to the next step in the means test, which takes your expenses and disposable income into account.
Read More →Judgments and Judgment Liens in New York State
Written by Attorney Jenni Klock Morel.
Updated April 10, 2023
If you have an unpaid debt, a creditor can sue you to get a judgment against you. This allows them to garnish your wages, levy your bank account, or file a judgment lien against your home or car. Judgments and judgment liens in New York are very powerful. Money judgments can be enforced for up to 20 years in New York.
Read More →Can You Remove Student Loans From Your Credit Report?
Written by Attorney Jenni Klock Morel.
Updated April 7, 2023
If the information about your student loan on your credit report is accurate, you can’t have that information removed. It will eventually drop off your credit report, and as it ages, it will impact your credit less and less. It can take 7–10 years for student loans to be erased from your credit report. Defaulted student loans take seven years to be removed from your credit report while paid-off student loans may stay on your report for 10 years.
Read More →Is It A Good Idea To Delay Filing Bankruptcy?
Written by Attorney Jenni Klock Morel.
Updated June 24, 2022
In a bankruptcy case, you'll list your income, debt, and property. If you've recently experienced changes to any of these, you may want to delay your filing to avoid negative consequences. Changes could include continuing to accumulate debt, a change in income, selling a piece of property, or getting an inheritance. Only you can decide the best time to file bankruptcy, but if you've experienced any of these or other events listed in this article, you may want to consider waiting to file so you can get the most out of your bankruptcy discharge.
Read More →What Can Go Wrong at the Meeting of Creditors?
Written by Attorney Jenni Klock Morel.
Updated May 25, 2022
Not much can truly go wrong at the meeting of creditors. To avoid any potential issues, make sure to bring approved documents to prove your identity and Social Security number, read the Bankruptcy Information Sheet, and review your bankruptcy petition so you can answer any questions the trustee may have about your case. If someone from the U.S. Trustee's office or a creditor's attorney shows up to ask questions, try to stay calm and just answer their questions truthfully.
Read More →Repossession After Bankruptcy: What You Should Know
Written by Attorney Jenni Klock Morel.
Updated October 19, 2021
You have options for what to do with a car loan when filing a Chapter 7 case, including reaffirmation, redemption, or surrender. Entering into a reaffirmation agreement can lead to new debt problems if you default on your car loan payments after bankruptcy. The purpose of filing Chapter 7 bankruptcy is to put you in a better financial situation than before filing and give you a fresh start. Keep reading to find out what to expect if your car is repossessed after filing Chapter 7 bankruptcy.
Read More →Wage Garnishment in Kansas
Written by Attorney Jenni Klock Morel.
Updated December 14, 2021
A wage garnishment order allows creditors to take money directly from your paycheck. Most of the time, this is only possible after a court has entered a judgment. Here's how Kansas regulates wage garnishments.
Wage Garnishment in Utah
Written by Attorney Jenni Klock Morel.
Updated November 24, 2021
A wage garnishment order allows creditors to take money directly from your paycheck. Most of the time, this is only possible after a court has entered a judgment. Here's how Utah regulates wage garnishments.
Wage Garnishment in Alabama
Written by Attorney Jenni Klock Morel.
Updated October 21, 2021
A wage garnishment order allows creditors to take money directly from your paycheck. Most of the time, this is only possible after a court has entered a judgment. Here's how Alabama regulates wage garnishments.
How to Settle Your Debts in Ohio
Written by Attorney Jenni Klock Morel.
Updated February 19, 2020
Our goal is to make sure you have a clear idea of what debt relief options are available. This guide on debt settlement in Ohio will give you the tools you need to explore if debt settlement is right for you, and if so, the next steps to move forward.
