Jonathan Petts

Chapter 7 vs. Chapter 13 Bankruptcy: What’s the Difference?

Written by Attorney Andrea Wimmer. Legally reviewed by Jonathan Petts
Updated February 18, 2025

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

What You Need To Know About Renting During and After Bankruptcy

Written by Mae Koppes. Legally reviewed by Jonathan Petts
Updated February 18, 2025

Filing for bankruptcy can affect your ability to rent since landlords check credit, but it’s still possible to find a new home with the right approach. Your chances of approval depend on factors like how recently you filed, your credit score, and your rental history. Private landlords are often more flexible than large management companies in renting to bankruptcy filers.

Chapter 7 Bankruptcy Forms Explained: A Simple Guide To Get Started

Written by Attorney Andrea Wimmer. Legally reviewed by Jonathan Petts
Updated February 18, 2025

Filing for Chapter 7 bankruptcy requires completing a packet of 23 official forms, including a voluntary petition, schedules, and financial statements. Together, these forms make up what’s commonly called your bankruptcy petition. Each form serves a specific purpose, such as listing your debts, assets, income, and expenses. While it might seem like a lot, most of the information comes from documents you already have.

Chapter 7 Bankruptcy Forms Explained: A Simple Guide To Get Started

Written by Attorney Andrea Wimmer. Legally reviewed by Jonathan Petts
Updated February 18, 2025

Filing for Chapter 7 bankruptcy requires completing a packet of 23 official forms, including a voluntary petition, schedules, and financial statements. Together, these forms make up what’s commonly called your bankruptcy petition. Each form serves a specific purpose, such as listing your debts, assets, income, and expenses. While it might seem like a lot, most of the information comes from documents you already have.

Every Type of Bankruptcy Explained

Written by Ben Jackson. Legally reviewed by Jonathan Petts
Updated February 18, 2025

There are six different types of bankruptcies. Chapter 7 and Chapter 13 are the most common types of personal bankruptcy. Chapter 7 is also called a liquidation. It allows the filer to get rid of most of their debts without repaying anything. It works best for individuals without assets like a home. Chapter 13 bankruptcy puts the filer on a repayment plan and can help protect assets like a home. The goal of personal bankruptcies like Chapter 7 and 13 is to give the filer a financial fresh start and relieve them of debt they may never be able to repay. Businesses, farmers, and municipalities can also file bankruptcy under Chapters 9, 11, 12, and 15. These less common types of bankruptcy may be used to restructure or reorganize debt.

My Bankruptcy Was Dismissed. What Happens Now?

Written by Mae Koppes. Legally reviewed by Jonathan Petts
Updated February 18, 2025

Your bankruptcy case may be dismissed if you don't complete all your obligations as a bankruptcy filer under the Bankruptcy Code. This includes filing all the required documents correctly and completely, doing your required credit counseling and debt management courses, and going to the 341 meeting with your trustee. If you file Chapter 13, you also need to stick with your approved repayment plan. If you don't do all this, you risk having your case dismissed.

What Your Bank Statements Tell the Bankruptcy Trustee

Written by Attorney Karra Kingston. Legally reviewed by Jonathan Petts
Updated February 18, 2025

Bankruptcy trustees use your bank statements to ensure your financial information is accurate and complete. They’ll check your balance on the filing date, review deposits and withdrawals, and look for unlisted accounts or assets. Trustees also verify your income and watch for preferential payments, which are transactions that unfairly favor one creditor over others. If the trustee requests additional documents or explanations, it’s important to comply to keep your case moving forward. Being transparent and cooperative helps ensure a smoother path to a financial fresh start.

Can’t Afford Your Car Payment? Here Are Your Options

Written by Curtis Lee, JD. Legally reviewed by Jonathan Petts
Updated February 18, 2025

If you can’t afford your car payment, you have options to either keep your car or let it go. You may be able to refinance your loan, work with your lender on a hardship program, or use bankruptcy to free up money for payments. If keeping the car isn’t feasible, surrendering it, selling it, or using bankruptcy to eliminate remaining loan balances are all options to consider. This article explains these strategies and their pros and cons to help you decide the best path forward.

How Long Do Negative Items Stay on My Credit Report?

Written by Lawyer John Coble. Legally reviewed by Jonathan Petts
Updated February 1, 2025

Generally speaking, negative items like a missed payment or collections account stay on your credit report for seven years. Some items, like a Chapter 7 bankruptcy filing, stay on your report for 10 years. If a creditor or lender performs a hard inquiry (or hard credit check) this will stay on your report for two years. No matter the item, the older it gets, the less it affects your credit score.

What Happens After You Attend the 341 Meeting?

Written by the Upsolve Team. Legally reviewed by Jonathan Petts
Updated February 1, 2025

After your 341 meeting, you’re in the final stages of your Chapter 7 bankruptcy case. The court will typically grant your discharge 60–90 days later, wiping out most or all of your eligible debts and giving you a fresh financial start. If the trustee determines your case is a no-asset case, it will likely be closed soon after the discharge is entered. However, if the trustee finds non-exempt assets, the process may take longer as they work to distribute funds to creditors, though your discharge won’t be affected.

I’m Getting Collection Calls on Sunday. What Are My Rights?

Written by Attorney Eric Hansen. Legally reviewed by Jonathan Petts
Updated February 1, 2025

Unless and until you tell them otherwise, debt collectors can call you from 8 am to 9 pm local time on any day of the week, including Sunday. The good news is that federal law protects you against harassment and unfair treatment by debt collectors. The Fair Debt Collection Practices Act (FDCPA) empowers you to instruct a debt collector not to contact you on Sundays if you consider this an inconvenient time. If a debt collector doesn't honor your request, you can report them to the Consumer Financial Protection Bureau for violating the law.

I Got My Chapter 7 Discharge! Now What?

Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 31, 2025

A bankruptcy discharge is a court order that permanently eliminates your legal obligation to repay certain debts and prevents creditors from trying to collect them. In Chapter 7 bankruptcy, this typically happens within a few months, while in Chapter 13, it occurs after you complete a 3–5-year repayment plan. Most unsecured debts, like credit card balances and medical bills, can be discharged, but some — such as child support, alimony, and recent taxes — cannot. Once you receive your discharge, you can focus on rebuilding your financial future by checking your credit report, creating a budget, and using credit responsibly.

Debt Consolidation – 5 Things You Should Know

Written by Jonathan Petts. Legally reviewed by Attorney Andrea Wimmer
Updated January 30, 2025

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

Debt Consolidation – 5 Things You Should Know

Written by Jonathan Petts. Legally reviewed by Attorney Andrea Wimmer
Updated January 30, 2025

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

Debt Forgiveness: The Options & Consequences

Written by Attorney Tina Tran. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Debt forgiveness is when one of your lenders forgives or erases some or all of your debt. This debt could be from a credit card, a student loan, or an installment loan. Sometimes you can get a full debt forgiven, but more often, you’ll get partial forgiveness. For example, if you come to a debt settlement agreement with a credit card company, you agree to pay part of your outstanding debt in exchange for having the rest of the debt erased. With many student loan forgiveness programs, you must pay a portion of your debt for a certain period of time before you get the remaining balance forgiven.

How To Get a Debt Consolidation Loan if You Have Bad Credit

Written by Curtis Lee, JD. Legally reviewed by Jonathan Petts
Updated January 30, 2025

If you’re struggling to pay off your debt, there are various forms of debt relief available. One common type is debt consolidation, combining two or more debts into a single account to make the debts easier to manage and to save money on interest payments. But, getting a debt consolidation loan can be difficult if you don’t have good credit or a high FICO score. That said, there are still multiple debt consolidation loan options for you to consider. Read on to learn more.

Can You Return a Car You Just Purchased to the Dealership?

Written by Attorney Aan Malahia Chaudhry. Legally reviewed by Jonathan Petts
Updated January 30, 2025

In general, car dealerships don’t take returns or offer return policies for purchased vehicles. If the deal was legal and truthful, there are no federal laws requiring dealerships to accept return on car purchases. There are a few exceptions, including some that are your rights as a consumer.

What Do I Do About My Car Payment That Is Way Too High?

Written by Lawyer John Coble. Legally reviewed by Jonathan Petts
Updated January 30, 2025

If you're like most people, you had to take out a loan to buy your car. Car loan payments usually rival health insurance, student loans, and housing payments for the highest expenses. This article will cover your options to reduce your car payment with or without bankruptcy.

Chapter 7 Means Test Calculator

Written by Attorney Andrea Wimmer. Legally reviewed by Jonathan Petts
Updated January 30, 2025

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

What Is Credit Counseling?

Written by Attorney Tina Tran. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Credit counseling is a great starting point for people who need help figuring out the best way to deal with their debt. Nonprofit credit counselors review your income and debt and help you develop a personalized plan to repay your debts. They’ll go over several potential debt relief solutions, including budgeting, starting a debt management plan, consolidating your debt, or filing bankruptcy.

Debt Consolidation: What Is It & How Does It Work?

Written by Natasha Wiebusch, J.D.. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Debt consolidation involves combining multiple debts into a single payment. If you can secure a lower interest rate and you can make the new single monthly payment, debt consolidation can be a great debt relief strategy. But there are also drawbacks to debt consolidation. In this article, we’ll help you understand how debt consolidation works so that you can decide whether it’s a good choice for you.

Debt Consolidation Programs: How Helpful Are They?

Written by Natasha Wiebusch, J.D.. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Making late payments, paying the wrong amounts, or missing payments altogether can have a negative impact on your credit score and overall financial health. If you have no other debt-relief options, debt consolidation programs can help by bundling certain debts into a single account so that instead of making multiple payments every month, you’ll make just one. There are many kinds of debt consolidation programs. There are also other forms of debt relief that might be better for you. In this article, we’ll cover what a debt consolidation program is, how it works, and how to choose one.

Debt Consolidation vs. Debt Settlement: A Comparison

Written by Natasha Wiebusch, J.D.. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Both debt consolidation and debt settlement can help relieve the pressures of overwhelming debt, but they have different functions. Debt settlement reduces total debt by allowing a debtor to pay off a debt account for less than the total balance. Debt consolidation, on the other hand, reduces the number of lenders but doesn’t reduce the total amount of debt. Each option has its pros and cons. If you’re considering using either of them, you’ll want to know what those pros and cons are.

Does Debt Negotiation Really Work?

Written by Natasha Wiebusch, J.D.. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Debt negotiation can work to help you settle your debts for less than you owe. But it only usually works with certain kinds of debts and with accounts that are several months late or nearing their statute of limitations. It may work better with a third-party debt collector than the original lender. To negotiate successfully, you'll need to know how much you're willing to pay and you'll need to be confident and persistent.

What Is a Deficiency Balance?

Written by Attorney Todd Carney. Legally reviewed by Jonathan Petts
Updated January 30, 2025

A deficiency balance arises when the profits from a foreclosure sale are less than the amount owed on a mortgage. A lender who is owed this debt may pursue it by seeking a deficiency judgment from the court. It is possible for borrowers to negotiate repayment of these balances.

Why Am I Disqualified From Receiving Unemployment Benefits?

Written by Attorney Eric Hansen. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Each state has its own unemployment insurance system, rules, regulations, and procedures. But regardless of what state you live in, not everybody who loses their job is eligible for unemployment compensation. You can usually appeal the disqualification. If you win the appeal, you will receive unemployment benefits, but this doesn’t always happen. This article will help you better understand how unemployment benefits work, who qualifies for compensation, and what might disqualify you.

Foreclosure Attorney Fees & Costs

Written by Curtis Lee, JD. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Even in situations where you know foreclosure is inevitable, having an attorney can assist you with other goals like minimizing the damage to your credit score or negotiating foreclosure alternatives with the bank. But before you hire a foreclosure attorney, you need to be aware that it can get expensive. In this article, we’ll explain how these legal fees and costs work and what you should expect if you hire legal counsel for your foreclosure action.

Can You Get a Car Loan While You’re on Unemployment?

Written by Attorney Eric Hansen. Legally reviewed by Jonathan Petts
Updated January 30, 2025

If you’ve lost your job and you’re collecting unemployment, you may still be able to finance a car, but it will be harder to get approved for a loan. Unemployment isn’t a long-term, stable income source, which lenders want to see. They’ll also look at your credit history and score and income sources when you apply for the loan.

How To Get Out of a Car Title Loan Without Losing Your Car

Written by Chiara King. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Car title loans offer quick cash by using your car as collateral, but their high interest rates and short repayment terms often lead to financial strain and even car repossession. If you’re struggling with a title loan, there are several ways to get out of it without losing your car, including paying off the loan with creative strategies, refinancing with a personal or payday alternative loan, or negotiating new terms with the lender. You can also seek guidance from an accredited credit counselor or explore bankruptcy as a potential solution. Chapter 7 bankruptcy may discharge the loan but often requires giving up the car, while Chapter 13 can help you keep your vehicle by reorganizing payments. Each option has pros and cons, so understanding your rights and exploring all alternatives can help you make the best decision for your situation.

What To Expect If Your Landlord Is Facing Foreclosure

Written by Curtis Lee, JD. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Despite most states providing substantial tenants’ rights, leases generally don’t offer renters the type of legal protections that landlords have during a foreclosure. If you’re a tenant going through this stressful experience, here's an overview of what to expect, including what your legal rights and obligations are and how they interact with the rights of the old owner and new owner of the rental property.

How To Write a Hardship Letter for a Short Sale

Written by Attorney Serena Siew. Legally reviewed by Jonathan Petts
Updated January 30, 2025

If you choose to write a hardship letter for a short sale, you’ll want to make yours stand out to lenders so that you have a better chance of avoiding foreclosure. This article discusses what to include—and what not to include—in a hardship letter requesting approval for a short sale.

Navigating Financial Aid During and After Bankruptcy: A Step-by-Step Guide

Written by Attorney Andrea Wimmer. Legally reviewed by Jonathan Petts
Updated January 30, 2025

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.

Navigating Financial Aid During and After Bankruptcy: A Step-by-Step Guide

Written by Attorney Andrea Wimmer. Legally reviewed by Jonathan Petts
Updated January 30, 2025

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.

What To Do If You Don’t Remember Everyone You Owe Money?

Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025

If you're overwhelmed by debt collectors and collection agencies calling you to collect a debt, it can seem as though you'll never be able to remember who they all are. But, it's important to give the bankruptcy court a list of all of your creditors, so here are some steps you can take to make sure you didn't miss anyone.

What To Do If You Don’t Remember Everyone You Owe Money?

Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025

If you're overwhelmed by debt collectors and collection agencies calling you to collect a debt, it can seem as though you'll never be able to remember who they all are. But, it's important to give the bankruptcy court a list of all of your creditors, so here are some steps you can take to make sure you didn't miss anyone.

What Is the Difference Between an EIN, TIN, and ITIN?

Written by the Upsolve Team. Legally reviewed by Jonathan Petts
Updated January 30, 2025

The acronyms EIN, TIN, and ITIN are used by the IRS to identify the different types of tax ID numbers. The main difference between an EIN and an ITIN or TIN is that an EIN is used for business entities while an ITIN is used for individuals. TIN is an umbrella term for the various kinds of taxpayer identification numbers.

Can I Buy a Car After Bankruptcy?

Written by Attorney Andrea Wimmer. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Yes, but it makes sense to wait as long as you can after receiving your discharge. You'll need to be careful and make certain that you’re getting a good deal.

What Are Bankruptcy-Friendly Credit Cards?

Written by Lawyer John Coble. Legally reviewed by Jonathan Petts
Updated January 30, 2025

It’s important to rebuild your credit after a bankruptcy. The good news is that you’ll get plenty of offers for credit after your bankruptcy discharge. The bad news is that some of those offers won’t be great, with high interest rates or hidden fees. If you want to rebuild your credit, you need to find the right card to work for you. Read on to learn about some of your options.

Selling a Car With a Loan: Processes and Options

Written by Chiara King. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Before a car that is not yet fully paid for can be sold, the lender's legal claim to the vehicle must be cleared. Paying off the remainder of the loan balance will clear that claim. A prepayment penalty may also become due if the loan is paid off early. If paying the balance remainder isn't an option, the borrower can speak with the lender about transferring ownership. If the lender is also an auto dealer, a trade-in opportunity may be available.

Do I Still Owe the Bank After a Mortgage Foreclosure?

Written by Lawyer John Coble. Legally reviewed by Jonathan Petts
Updated January 30, 2025

The proceeds of a foreclosure sale don't always cover the total balance that a homeowner owes their lenders. When this occurs, the remainder owed is referred to as a deficiency balance. State law dictates when and how a lender may hold a borrower responsible for a deficiency balance. Borrowers may proactively work out a repayment arrangement with their lenders, they may seek to have the balance forgiven via bankruptcy, or they may be held responsible for repayment of the balance via a deficiency judgment.

Tax Refund Offset and Timing a Bankruptcy Case

Written by Lawyer John Coble. Legally reviewed by Jonathan Petts
Updated January 30, 2025

There are several different federal, state, and local government agencies that can intercept your federal tax refund if you owe money to these agencies. This procedure is known as a tax offset. This article will look at which agencies can take your refund and how bankruptcy can help you with tax refund offsets.

Is Filing for Bankruptcy Bad?

Written by the Upsolve Team. Legally reviewed by Lawyer John Coble
Updated January 30, 2025

Bankruptcy has gotten a negative reputation over the years. But there are many benefits to filing for bankruptcy that don't get as much attention as the drawbacks. Depending on your situation, filing bankruptcy can sometimes be the best course of action.

Can You Keep Your Checking Account During Chapter 7 Bankruptcy?

Written by the Upsolve Team. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Most people who file Chapter 7 bankruptcy can keep their checking account if the money in it is protected by exemptions. This means your account balance is safe, as long as it doesn’t exceed the amount you’re allowed to protect under bankruptcy law.

Can You Keep Your Checking Account During Chapter 7 Bankruptcy?

Written by the Upsolve Team. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Most people who file Chapter 7 bankruptcy can keep their checking account if the money in it is protected by exemptions. This means your account balance is safe, as long as it doesn’t exceed the amount you’re allowed to protect under bankruptcy law.

Late Mortgage Payment? Here’s What You Need To Know.

Written by Lawyer John Coble. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Have you ever wondered what happens when you make a late mortgage payment? With most mortgage companies, a grace period on your mortgage payment will give you breathing room to make the payment after the due date without late fees, penalty payments, or a negative report to the credit bureau. When you make your mortgage payment beyond the grace period, though, you will start to see some consequences. This article will go into detail about what happens when you make a late payment or have a missed payment and how to avoid both.

Should You Take A Lower Paying Job While On Unemployment?

Written by Attorney William A. McCarthy. Legally reviewed by Jonathan Petts
Updated January 30, 2025

If you’re receiving unemployment benefits, you generally need to be actively looking for work and accept “suitable work” when it is offered. That doesn’t necessarily mean you have to accept any job offer, such as one paying less than you were making. Each state establishes its own definition regarding which jobs are suitable and must be accepted by a claimant (or they risk losing benefits). This article will discuss some of the factors that state guidelines take into consideration as well as some that might be unique to your situation.

Will filing for Chapter 7 bankruptcy affect my spouse?

Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025

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.

I’m Unemployed. How Can I Get Help With My Mortgage Payments?

Written by Attorney Serena Siew. Legally reviewed by Jonathan Petts
Updated January 30, 2025

If you’ve lost your job and need help with your mortgage, don’t panic. Several mortgage assistance programs may be available to you.

Notice of Default and the Foreclosure Process

Written by Attorney Cody J. Harding. Legally reviewed by Jonathan Petts
Updated January 30, 2025

A Notice of Default is your mortgage lender’s way of telling you that you have one last chance to address overdue mortgage payments before your lender will foreclose on your home. Once you've received a notice of default you’ll want to act quickly to take advantage of options available to you. Below, we will explain how to understand the information contained within this notice and the steps you should take if/when you receive one.

Should I Tell Creditors I’m Going To File Bankruptcy?

Written by Attorney Paige Hooper. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Some people believe telling their creditors they plan to file bankruptcy will stop collection efforts or help them settle their debt. This often isn’t the case though. Telling your creditors about a pending bankruptcy filing can have negative consequences like repossession or ramped-up collection efforts. Read this article to learn more about the pros and cons of telling your creditors that you plan to file bankruptcy.

Loan Payoff Amount & Loan Statement Balance: What’s the Difference?

Written by Chiara King. Legally reviewed by Jonathan Petts
Updated January 30, 2025

The total amount owed - as shown on a loan statement balance - is almost always lower than the amount required to satisfy the terms of a loan. To figure out how much is owed to completely pay off a loan, a borrower must request a formal loan payoff statement from their lender.

Payoff Statements: What They Are and How They’re Used

Written by Natasha Wiebusch, J.D.. Legally reviewed by Jonathan Petts
Updated January 30, 2025

A payoff statement is a document that shows how much money a borrower must submit to fully pay off a loan. These statements differ from monthly account statements because they take into account interest, penalties, and/or benefits that could impact the overall balance before the "good through" date listed on the payoff letter.

What are preferential payments in bankruptcy?

Written by Attorney Amelia Niemi. Legally reviewed by Jonathan Petts
Updated January 30, 2025

This article will explore what constitutes a preferential payment and why it matters to you if you’re thinking about filing a Chapter 7 bankruptcy.

Refusing a Job While on Unemployment

Written by Natasha Wiebusch, J.D.. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Claimants typically qualify for unemployment insurance benefits if they lost their full-time or part-time jobs for reasons outside of their control. As part of your regular certification process, you’ll need to state that you did not refuse a suitable job during the time period in question. Suitability generally refers to work that is in line with your professional background, is safe and legal for you to perform, and has a similar salary to your previous career or one that’s appropriate to the local job market. But there are a few situations where you can show that you had a good cause for refusing the job. Read on to learn more.

Can I Remove Late Payments From My Credit?

Written by Attorney Paige Hooper. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Late payments on your credit report can cause a dramatic drop in your credit score. This can in turn substantially increase how much you’ll pay for financing. If you find falsely reported late payments on your credit report, you have a right to dispute the incorrect information. In some cases, even if the reported information isn’t blatantly inaccurate, you may still be able to negotiate with the creditor to remove the late payment from your credit history. This article will cover how late payments affect your credit report, the difference between when they're reported correctly and incorrectly on your credit report, and what you can do to remove them.

1099 Income & Unemployment

Written by Attorney William A. McCarthy. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Self-employed workers include independent contractors, contract workers, freelancers, and gig workers. These workers should receive a Form 1099 for the income they earn. Anyone who files for unemployment benefits needs to report their earnings, including any earnings on a 1099.

Repossession and Your Rights

Written by Attorney Eric Hansen. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Repossession happens when lenders or collection agencies use their right to seize your property to pay a debt, but borrowers have rights, too. Repossession laws and consumer protections keep lenders and their repossession companies and agents from acting improperly when seizing a vehicle. This article will describe the repossession process, how lenders operate, and how repossession affects borrowers. Learning more about this process can help you avoid repossession, its negative effects on your credit, and all the stress that comes along with it.

Secured Credit Cards and Bankruptcy

Written by Attorney Paige Hooper. Legally reviewed by Jonathan Petts
Updated January 30, 2025

A secured credit card is backed by a cash deposit that serves as collateral. If you file bankruptcy, you won’t be able to keep regular, unsecured credit cards, but you may be able to keep a secured card. That’s because secured and unsecured debt is treated differently in bankruptcy. Secured cards are also a great way to rebuild your credit after a bankruptcy filing.

Can I Sell My House Before Foreclosure?

Written by Curtis Lee, JD. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Foreclosures are lose-lose propositions for almost everyone involved. The good news is that there are several ways to avoid a foreclosure. One of the best options is selling the property before a foreclosure action is complete. In this guide, we’ll explain how you can sell your house to avoid completion of the foreclosure process. We’ll also discuss other options you can consider if selling your house for a profit isn’t possible at this time.

Should I File Bankruptcy Before Getting Married?

Written by Attorney Andrea Wimmer. Legally reviewed by Jonathan Petts
Updated January 30, 2025

If you’re planning to get married and you also need to deal with debt, you’re probably wondering when to file bankruptcy and how it will affect your spouse. There are pros and cons to filing for bankruptcy before marriage as well as filing after marriage. If you want to start your marriage with a clean financial slate and you qualify for Chapter 7, that’s a relatively quick way to achieve that goal. If you already have joint debts with your spouse-to-be, you may want to file after you get married to take advantage of more generous exemptions.

Should I File For Bankruptcy or Try Debt Relief?

Written by Ben Jackson. Legally reviewed by Jonathan Petts
Updated January 30, 2025

When you’re trying to figure out the best debt relief option, first consider how much debt you have, whether you want to call in outside help or support, how quickly you’re hoping to repay the debt, and how important your credit score is to you right now. You have several debt-relief strategies available to you, and each has its pros and cons.

Should I File For Bankruptcy or Try Debt Relief?

Written by Ben Jackson. Legally reviewed by Jonathan Petts
Updated January 30, 2025

When you’re trying to figure out the best debt relief option, first consider how much debt you have, whether you want to call in outside help or support, how quickly you’re hoping to repay the debt, and how important your credit score is to you right now. You have several debt-relief strategies available to you, and each has its pros and cons.

What Is Chapter 7 Bankruptcy & When Should I File?

Written by Kristin Turner, Harvard Law Grad. Legally reviewed by Attorney Andrea Wimmer
Updated January 30, 2025

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.

Should I Keep Paying My Credit Cards if I’m Going To File Bankruptcy?

Written by Attorney Paige Hooper. Legally reviewed by Jonathan Petts
Updated January 30, 2025

If you're planning to file for bankruptcy, you usually don't need to keep paying your credit cards. In Chapter 7, credit card debt is typically wiped out, so making payments may not make sense. In Chapter 13, your debt will be included in a repayment plan, so you can stop paying and focus on that instead. Chapter 7 and Chapter 13 have different goals and benefits, so knowing which type of bankruptcy you're filing will help you decide what to do.

How New York’s Statutes of Limitations on Debt Protect You

Written by Attorney Tina Tran. Legally reviewed by Jonathan Petts
Updated January 30, 2025

The statute of limitations on debt in New York state is three years. This is the amount of time that a creditor or debt collector has to sue borrowers to collect debts. After three years pass without activity on the account, a creditor or debt collector may still try to sue you for a debt, but you can use the statute of limitations as a defense in the lawsuit.

Is Upsolve real? Is this a legitimate service?

Written by Attorney Andrea Wimmer. Legally reviewed by Jonathan Petts
Updated January 30, 2025

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

How Do Military and Veteran Debt Consolidation Loans Work?

Written by Attorney Tori Bramble. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Debt consolidation loans help borrowers roll all of their outstanding debts into one loan with a single payment. Some borrowers face challenges in getting these loans, but the Department of Veterans Affairs (VA) offers some debt consolidation options to active duty servicemembers and veterans, including the VA Military Debt Consolidation loans. Borrowers who meet the requirements for this consolidation loan can borrow against the equity in their home. This comes with some pros and cons, which we’ll explore more in this article.

Can I Walk Away From a Mortgage?

Written by Lawyer John Coble. Legally reviewed by Jonathan Petts
Updated January 30, 2025

If you’re struggling financially and can’t make payments on your mortgage loan, you may be wondering what to do. If you owe more on your house than what it's worth, it could make sense to quit making payments and walk away from your mortgage, but it's good to keep in mind that there are consequences to walking away from a mortgage. There are also other options available to you for making your mortgage payment more manageable. Read on to learn about what you can do if you're upside down on your mortgage loan.

When Does the Foreclosure Process Actually Start?

Written by Curtis Lee, JD. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Foreclosure can be a confusing and complicated process. Each state has its own laws outlining the foreclosure process. Despite the differences, most foreclosures have a pre-foreclosure period. In this article, we’ll discuss the pre-foreclosure period and the major steps in the foreclosure process.

Will My Debt Disappear After 7 Years

Written by Attorney Kassandra Kuehl. Legally reviewed by Jonathan Petts
Updated January 30, 2025

The idea that if debt remains unpaid for 7 years it will simply disappear is a myth in the United States. If you’re under the impression that your unpaid debts will disappear after a 7 year period, you’re certainly not alone.

How to Meet Work Search Requirements While Receiving Unemployment Benefits

Written by Attorney Eric Hansen. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Unemployment Insurance Benefits are a temporary measure, so if you’re receiving unemployment compensation, you do have to look for work. Each state has different work search requirements and rules about how to verify that you're looking for work, but this article will give you a general overview of the work search requirement and what might be expected.

Federal Bankruptcy Exemptions Explained

Written by Attorney Andrea Wimmer. Legally reviewed by Jonathan Petts
Updated January 30, 2025

The laws that protect your property from creditors are called exemptions. The exemptions listed in the Bankruptcy Code are called federal bankruptcy exemptions.

What Are the Connecticut Bankruptcy Exemptions?

Written by Attorney Kassandra Kuehl. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Bankruptcy exemptions allow filers to protect their possessions and property. Some states allow residents of two years or more to choose between state exemptions or the federal bankruptcy exemptions. Connecticut is one such state. Below we'll look at each set of exemptions to help you understand which may be best for you.

Overview of the 7 Most Commonly Used Bankruptcy Exemptions

Written by Lawyer John Coble. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Bankruptcy exemptions protect a filer’s property to ensure they're able to take full advantage of their fresh start. While the available exemptions vary depending on the state you live in, there are certain types of common bankruptcy exemptions that are generally found in all exemption schemes. This article gives an overview of the seven most common types of bankruptcy exemptions and how they protect the filer’s property in a Chapter 7 bankruptcy.

Chapter 7 vs. Chapter 11 Bankruptcy

Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025

Chapter 11 bankruptcy can be quite similar to Chapter 7 bankruptcy. But it's also really different. Learn how each type of bankruptcy can provide you with debt relief.

Chapter 7 vs. Chapter 11 Bankruptcy

Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025

Chapter 11 bankruptcy can be quite similar to Chapter 7 bankruptcy. But it's also really different. Learn how each type of bankruptcy can provide you with debt relief.

What Are Bankruptcy Exemptions?

Written by Attorney Andrea Wimmer. Legally reviewed by Jonathan Petts
Updated January 30, 2025

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.

What Are Bankruptcy Exemptions?

Written by Attorney Andrea Wimmer. Legally reviewed by Jonathan Petts
Updated January 30, 2025

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.

Can I Keep My Car If I File Chapter 7 Bankruptcy?

Written by Attorney Andrea Wimmer. Legally reviewed by Jonathan Petts
Updated January 30, 2025

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

What Are the California Bankruptcy Exemptions?

Written by Jonathan Petts. Legally reviewed by Attorney Andrea Wimmer
Updated January 30, 2025

If you're a debtor filing for bankruptcy and you live in California, you'll be using the California bankruptcy exemptions to keep your property.

What Are the California Bankruptcy Exemptions?

Written by Jonathan Petts. Legally reviewed by Attorney Andrea Wimmer
Updated January 30, 2025

If you're a debtor filing for bankruptcy and you live in California, you'll be using the California bankruptcy exemptions to keep your property.

Chapter 7 Bankruptcy Basics: Why & When is Property Liquidated?

Written by Attorney Kassandra Kuehl. Legally reviewed by Jonathan Petts
Updated January 30, 2025

A bankruptcy liquidation is the process by which a Chapter 7 bankruptcy trustee sells the filer’s assets to repay unsecured debts, such as credit cards, child support, or tax debt, as part of a bankruptcy filing. Let’s take a closer look at when a Chapter 7 case takes the form of a true “liquidation” bankruptcy.

How Will Filing Bankruptcy Affect My Children?

Written by Lawyer John Coble. Legally reviewed by Jonathan Petts
Updated January 30, 2025

If you’re a parent, your children are the most important parts of your life. You don’t want to do anything that could harm their futures. If you’re considering bankruptcy, you may be worried about the impact this will have on your children. The good news is that for those who need to file bankruptcy, the positive impact on your family will far outweigh any inconveniences. This guide examines the issues that could impact your minor children.

6 Things about the Automatic Stay Everyone Filing Bankruptcy Should Know

Written by Amy Carst. Legally reviewed by Attorney Andrea Wimmer
Updated January 30, 2025

11 U.S.C. § 362 is the technical name of the section of the bankruptcy law that protects all filers from creditor actions while their case is pending. You may have heard of this referred to as the automatic stay. Let’s take a deep dive into how 11 U.S.C. § 362 protects bankruptcy filers, what you can do if a creditor violates the automatic stay and what exceptions to the automatic stay protections you should be aware of before filing your bankruptcy case.

What Are the Effects of an Auto Loan Default?

Written by Attorney Eric Hansen. Legally reviewed by Jonathan Petts
Updated January 30, 2025

If you’re struggling to make your car payment on time, you’re probably already feeling stress and frustration. Once you’re behind on payments you’re considered delinquent and your credit score will take a hit. Falling further behind moves you into default on your auto loan, which will come with even more serious consequences.

What Are the Alabama Bankruptcy Exemptions?

Written by Attorney Karra Kingston. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Alabama residents of at least two years filing Chapter 7 bankruptcy will need to use the state’s exemptions to protect their personal property during the case. Alabama’s homestead exemption is $18,800 (as of July 1, 2023). It also offers a $9,400 wildcard exemption that you can use to protect most types of personal property, including a vehicle, with a few exceptions. Filers in Alabama can also use the federal non-bankruptcy exemptions to protect certain benefits and retirement funds.

If You’re Behind on Mortgage Payments and You Need Help

Written by Attorney Eric Hansen. Legally reviewed by Jonathan Petts
Updated January 30, 2025

People fall behind on their mortgages for reasons beyond their control. What is in your control, though, is how you react and what you’re doing about the situation. There are steps you can take and resources that can help you get back on track financially. This article will cover what help is available for homeowners who are falling behind on their mortgage payments.

Removing a Repossession From Your Credit Report

Written by Attorney Serena Siew. Legally reviewed by Jonathan Petts
Updated January 30, 2025

A car repossession can stay on your credit report for up to 7 years and the negative impact can be devastating if not dealt with. But a repossession does not have to ruin your financial future. In fact, you have more options than you think. This article explains why a credit report is important, how to get a free report, and steps you can take to remove negative marks like repossession from your record.

What Is a Paid in Full Letter & How Does It Work?

Written by Attorney Tori Bramble. Legally reviewed by Jonathan Petts
Updated January 30, 2025

If you send a paid in full letter to your creditor or debt collection agency, it informs them that you’re making your final payment. If they send one to you, they are confirming that the debt has been paid in full.

What Is a Buy Here, Pay Here Dealership & How Does It Work?

Written by Mark P. Cussen, CMFC. Legally reviewed by Jonathan Petts
Updated January 30, 2025

If you’re shopping for a car and you have bad credit, you may have trouble getting financing. You can try to get a personal loan from a local bank or a friend or family member. But if that doesn't work, you may have to go to a buy here, pay here (BHPH) dealership. These dealers offer in-house financing to people with bad credit. If you really need a car, they can help you get one. But there are also downsides to financing with them. Read on to learn more about the pros and cons of buy here, pay here dealerships.

How To Deal With the Stress of Bankruptcy

Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025

The stress leading up to bankruptcy can often be overwhelming and difficult to mange. Many people struggle with the emotional toll of being in a lot of debt. Luckily, you’re not alone and bankruptcy is a great way to get relief after difficult times.

How To Deal With the Stress of Bankruptcy

Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025

The stress leading up to bankruptcy can often be overwhelming and difficult to mange. Many people struggle with the emotional toll of being in a lot of debt. Luckily, you’re not alone and bankruptcy is a great way to get relief after difficult times.

When To Stop Using Credit Cards Before Filing Chapter 7

Written by Attorney Jenni Klock Morel. Legally reviewed by Jonathan Petts
Updated January 30, 2025

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.

Illinois Debt Collection Laws

Written by Attorney Eric Hansen. Legally reviewed by Jonathan Petts
Updated January 30, 2025

The land of Lincoln and home of the Chicago-style deep-dish pizza, the Obamas, and…unsavory and unscrupulous debt collectors? Yes, unfortunately for residents of the Prairie State, Illinois also happens to have a lot of debt collectors that have flourished due to favorable state laws. A debt collection agency in Illinois can sometimes be as cold as a Chicago winter.

Rent to Own Contracts under CBRA

Written by Your Upsolve Team. Legally reviewed by Jonathan Petts
Updated January 30, 2025

The Consumer Bankruptcy Reform Act of 2020 creates a consumer-focused alternative to Section 365 that lays out how a bankruptcy filing impacts a rent-to-own contract.

How To Find a Credit Repair Lawyer

Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025

A credit lawyer can help you repair your credit score by correcting mistakes and errors on your credit report. But you can perform many of these steps yourself without an attorney.

How To Find a Credit Repair Lawyer

Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025

A credit lawyer can help you repair your credit score by correcting mistakes and errors on your credit report. But you can perform many of these steps yourself without an attorney.

How the Right of Redemption Can Help You

Written by Attorney Paige Hooper. Legally reviewed by Jonathan Petts
Updated January 30, 2025

If you’re facing a foreclosure action on your home, you may be able to use your right of redemption to keep your house. In most cases, you have the right to stop the sale by paying off your mortgage debt before the sale takes place. In some states, even after the sale, you have the right to buy the house back within a set amount of time.

What Is Robo-Signing and How Does It Affect My Mortgage?

Written by Lawyer John Coble. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Robo-signing is when documents are signed by someone who doesn't understand them. It was a problem with mortgage documents in the 2008-10 housing crisis. Mortgages were being transferred between many different parties. This made it hard to know who had the legal right to foreclosure. Robo-signing is not illegal, but the practice is no longer common.

What if I Paid Someone Back in the Year Before Bankruptcy?

Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025

If you're filing for bankruptcy, you probably owe many debts. If you repay some of those debts but not others in the year before bankruptcy, the trustee in your bankruptcy case may try to recollect some portion to redistribute the repayment more evenly across all your creditors.

What if I Paid Someone Back in the Year Before Bankruptcy?

Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025

If you're filing for bankruptcy, you probably owe many debts. If you repay some of those debts but not others in the year before bankruptcy, the trustee in your bankruptcy case may try to recollect some portion to redistribute the repayment more evenly across all your creditors.

When Can Debt Collectors Call?

Written by Attorney Kimberly Berson. Legally reviewed by Jonathan Petts
Updated January 30, 2025

When you are getting calls from a debt collector, it is crucial to know your rights and what to do. The Fair Debt Collection Practices Act (FDCPA) is a federal law that prohibits third-party debt collectors from engaging in abusive, unfair, or deceptive debt collection practices when collecting consumer debts. Read more to learn what debt collection practices are illegal and what you can do to protect yourself.

I missed my 341 Meeting! What should I do now?

Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025

If you miss your scheduled 341 Meeting it is imperative that you speak with your assigned trustee ASAP and reschedule!

What Are the Utah Bankruptcy Exemptions?

Written by Attorney Kassandra Kuehl. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Utah law requires residents who have lived in the state for at least two years to use its state exemptions when filing Chapter 7 bankruptcy. Exemptions protect your property during the bankruptcy process so that you can get a financial fresh start without having to start from scratch. If you’re filing as a single person, the homestead exemption in Utah is $42,000. The motor vehicle exemption is $3,000. Utah doesn’t offer a wildcard exemption.

What Is a Deficiency Judgment?

Written by Curtis Lee, JD. Legally reviewed by Jonathan Petts
Updated January 30, 2025

A deficiency balance is the amount needed to pay off the remaining mortgage debt after a foreclosed property is sold. Basically, it means there wasn't enough money from the sale to fully pay off the mortgage loan amount. If the lender gets court approval to collect this money from you, this is called a deficiency judgment. Deficiency balances are common following foreclosure sales. If your home was foreclosed on and sold, the mortgage company may pursue you to get you to pay the deficiency balance. But this will depend on the amount of the deficiency and state law.

Will Filing for Bankruptcy Stop a Levy?

Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025

Filing bankruptcy can stop a bank levy. When you file bankruptcy, you get the protection of the automatic stay. Under the automatic stay, creditors can't try to collect from you in any way, including a bank levy. Other ways to stop a bank levy include: - Paying the debt (if possible - Negotiating a payment agreement with the creditor - Alleging that the credit made a legal error in the process to obtain permission to levy your account - Alleging that the statute of limitations to collect the debt has expired - Alleging that the funds in the account are protected from levy

Will Filing for Bankruptcy Stop a Levy?

Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025

Filing bankruptcy can stop a bank levy. When you file bankruptcy, you get the protection of the automatic stay. Under the automatic stay, creditors can't try to collect from you in any way, including a bank levy. Other ways to stop a bank levy include: - Paying the debt (if possible - Negotiating a payment agreement with the creditor - Alleging that the credit made a legal error in the process to obtain permission to levy your account - Alleging that the statute of limitations to collect the debt has expired - Alleging that the funds in the account are protected from levy

What Is a Bankruptcy Audit?

Written by Attorney Paige Hooper. Legally reviewed by Jonathan Petts
Updated January 30, 2025

The majority of bankruptcy filers provide the most accurate financial information they can to the court and bankruptcy trustee. But incorrect information can still find its way to the bankruptcy proceeding. Most of the time, these mistakes are accidental, but sometimes they’re deliberate. To help find these mistakes, the U.S. Trustee Program hires outside auditing companies to conduct a detailed review of select bankruptcy petitions.

Chapter 7 Bankruptcy Exemptions: What Are They and What Happens if You Don’t Claim Them?

Written by Attorney Paige Hooper. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Chapter 7 bankruptcy is designed to help filers get a fresh start without losing everything they own. One way this is accomplished is through bankruptcy exemptions. So long as your property is fully covered by an exemption and you claim the exemption(s) on your Schedule C, it should be safe from being sold by the trustee during your case. If you do not claim exemptions for your property, the trustee can take it, sell it, and use the funds to repay your creditors.

Understanding Foreclosure Statutes of Limitations

Written by Lawyer John Coble. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Statutes of limitation dictate the amount of time that a creditor can initiate a foreclosure case against a borrower in the event of nonpayment. If a case is brought after the statute of limitations has run, the case should be dismissed. Certain actions may "restart the clock" on a statute of limitations period available to creditors interested in foreclosing on a borrower's property.

Short Payoff and Short Sale: They Are NOT the Same

Written by Attorney Aan Malahia Chaudhry. Legally reviewed by Jonathan Petts
Updated January 30, 2025

The terms short payoff and short sale are sometimes used interchangeably. But they’re not the same thing. In both scenarios, the home’s market value is less than what the homeowner owes on the mortgage, but each is used in different scenarios and has different consequences. This article with dive into both of these topics.

What Is a Tax Return?

Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025

It is important to take all the necessary steps to make sure that you have copies of your tax returns or transcripts when you file for bankruptcy. Your tax returns will give the Bankruptcy Court and your Trustee an idea of your financial history. To ensure your bankruptcy case goes smoothly make sure to locate copies of them before filing your bankruptcy case, so you don’t have to rush later.

What Are the Maryland Bankruptcy Exemptions?

Written by Attorney Karra Kingston. Legally reviewed by Jonathan Petts
Updated January 30, 2025

When Congress enacted the bankruptcy laws they created federal bankruptcy exemptions while at the same time, giving states the opportunity to decide if they want to use federal exemptions or create their own. A little less than half of the states allow filers to use either the federal bankruptcy exemptions or the state exemptions to protect their real property and personal property. Maryland requires filers who have lived in the state for at least 2 years to use the state exemptions. This means that to protect your property you will need to claim Maryland’s bankruptcy exemptions. Although you can’t use the federal bankruptcy exemptions contained in the Bankruptcy Code, you will be able to use the federal nonbankruptcy exemptions. The nonbankruptcy exemptions allow you to protect retirement accounts that are typically linked to a government job.

What does it mean to surrender your car in bankruptcy?

Written by Attorney Andrea Wimmer. Legally reviewed by Jonathan Petts
Updated January 30, 2025

If you surrender your car as part of a Chapter 7 bankruptcy, your car debt is erased by the bankruptcy discharge.

What Are the New Mexico Bankruptcy Exemptions?

Written by Attorney Kassandra Kuehl. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Exemptions help bankruptcy filers hold on to certain property by protecting it from being sold by the bankruptcy trustee. New Mexico filers are generally allowed to choose between applying the federal bankruptcy exemptions or the state's bankruptcy exemptions. You'll want to look at each set of exemptions to see which will best protect the property you own.

How To Win Against FBCS

Written by the Upsolve Team. Legally reviewed by Jonathan Petts
Updated January 30, 2025

FBCS is a third-party debt collector, so if they contact you, they’re probably trying to collect on a debt account. Before you pay anything, have FBCS validate the debt and confirm its details. Then you can decide what to do next. If you disagree with any aspect of the debt, you can file a dispute. If you agree you owe the debt and want to pay it, you can pay it in full or try to settle the debt for less than the full amount. If FBCS sues you, you’ll need to respond to the lawsuit.

Social Security and Garnishment 101

Written by Attorney Paige Hooper. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Social Security benefits are protected against most garnishments and bank levies. Sometimes these protections are automatic, and sometimes you must take action to prove that your benefits are exempt from collection. Filing bankruptcy may be an option to protect your benefits. Social Security benefits can be garnished to pay past-due child support, alimony, restitution, taxes, and other federal debts.

What Happens In Small Claims Court?

Written by Lawyer John Coble. Legally reviewed by Jonathan Petts
Updated January 30, 2025

In small claims court, the rules and procedures are relaxed so that non-lawyers can argue their own cases. Court costs, such as filing fees, are lower. As a result, small claims court hearings are much less expensive. This article will explore what kinds of cases you can bring to a small claims court and how this court differs from other courts.

What Are the Oklahoma Bankruptcy Exemptions?

Written by Attorney Kassandra Kuehl. Legally reviewed by Jonathan Petts
Updated January 30, 2025

If you file Chapter 7 in Oklahoma, you’ll use the state’s bankruptcy exemptions to protect your property. Oklahoma has a generous homestead exemption that allows bankruptcy filers to protect all the equity in their home provided the home isn’t on more than one acre in an urban area or 160 acres in a rural area. The motor vehicle exemption for single filers in Oklahoma is $7,500.

What Is Non-Exempt Equity?

Written by Curtis Lee, JD. Legally reviewed by Jonathan Petts
Updated January 30, 2025

In Chapter 7 bankruptcy, there are exemptions to protect some of the equity you have in your assets, like a home, car, or household items. If the exemption for a certain item doesn’t cover all the equity you have in it, you have non-exempt equity. Depending on how much non-exempt you have, the bankruptcy trustee may liquidate (sell) the item and give the proceeds to your creditors.

City of Chicago’s “Fresh Start” Parking Ticket Debt Payment Plan Program

Written by Attorney Tina Tran. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Within the past few years, investigative reporters from ProPublica have uncovered the disparate effects of Chicago’s parking and red-light ticketing system on low-income communities of color. Under a new Illinois ordinance, people filing Chapter 7 bankruptcy could erase their ticket debt if they met certain qualifications.Read on to learn more.

Is a Repossession Order Required When a Car Is Repossessed?

Written by Attorney Eric Hansen. Legally reviewed by Jonathan Petts
Updated January 30, 2025

If you’ve fallen behind on your auto loan payments you may be setting yourself up for repossession. The lender has the right to seize the car without a court order and sometimes without any prior notice to the borrower if the borrower fails to make payments for their auto loan. This article will discuss what repossession is, how it works, and how it affects your credit history and your credit score. We’ll also touch on what rights you have as a borrower and how you can prevent repossession.

Low Income Bankruptcy: Find the Option for You

Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025

There are special options available to low-income people filing for bankruptcy. Find out if one is right for you.

Help! A Creditor Has a Judgment Against Me!

Written by Curtis Lee, JD. Legally reviewed by Jonathan Petts
Updated January 30, 2025

If you have outstanding debt, it could lead the creditor to sue you and if the lawsuit results in a judgment, they become a judgment creditor. In that case, you become a judgment debtor. But what exactly is a judgment and what does that mean for you? The purpose of this article is to answer that question. We’ll also provide an overview of civil judgments and collection efforts, especially those arising from debt collection litigation.

6 Popular Credit Repair Software Programs

Written by Attorney Tori Bramble. Legally reviewed by Jonathan Petts
Updated January 30, 2025

It’s important to review your credit report for errors, but doing this on your own can be time-consuming and frustrating. This is where credit repair software can help. This user-friendly software can help you find mistakes on your report, generate dispute letters to get errors removed, and even simulate your future credit score based on paying off debt or having mistakes removed. Credit repair software can help you decide which debt to pay off to improve your credit score most quickly. But before you buy credit repair software or hire a credit repair company, let’s have a look at what credit repair software is and how it works.

Frequently Asked Questions About Bankruptcy and Tax Refunds

Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025

It's pretty well-known that tax debts typically can't be discharged in bankruptcy. But what if you're getting a refund? This article answers some of the frequently asked questions about tax refunds and bankruptcy.

Can I Get a Paid Collection Account Off My Credit Report?

Written by Mark P. Cussen, CMFC. Legally reviewed by Jonathan Petts
Updated January 30, 2025

A paid-off collection account will come off your credit report eventually, but it's not usually possible to get this account taken off your credit report proactively. You can ask your creditor to take the account off your report - either as a condition of your full payment or as a matter of good will - but no creditor is obligated to honor this request. This article will go into detail about how an account that has been sent to collection can affect your credit score, how a "pay for delete" letter works, and what you can do if the collection account on your credit report is there by mistake.

How to File a Form 1040-V Payment Voucher

Written by Lawyer John Coble. Legally reviewed by Jonathan Petts
Updated January 30, 2025

IRS Form 1040-V is a payment voucher that taxpayers often send when submitting payments to the Internal Revenue Service. This form shows the amount they're paying. This article will explore when to use a 1040-V, exactly how to fill out a 1040-V, and alternative payment options that don't require a 1040-V.

How Long Will a Collection Account Stay on My Credit Report?

Written by Lawyer John Coble. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Paying off a collection account isn't enough to get it removed from your credit report. The Fair Credit Reporting Act (FCRA) requires creditors and collection agencies to report accurate information to the credit bureaus. This article discusses how long collections accounts can stay on your credit report, whether a collection account hurts your credit score, and what you may be able to do to get the collection account off your credit report.

How Can a Tenant's Rights Lawyer Help Me With My Landlord?

Written by Natasha Wiebusch, J.D.. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Renters have to deal with landlord-tenant disputes more often than anyone should. Although the law won't help in every situation, it’s good to know what it can help with. In this article, we’ll cover some of the important federal and state laws that protect tenants and explain how a tenant lawyer can help resolve landlord-tenant disputes.

Receiving Credit and Other Offers After Filing Chapter 7 Bankruptcy

Written by Attorney Alexander Hernandez. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Court cases and documents filed in court are part of the public record. The same holds true for bankruptcy cases. As a result, companies searching the court records will know that you filed for bankruptcy and will start sending you advertisements in the mail offering you their services, including offers to apply for credit. However, before you accept that offer for a new credit card or car loan, continue reading to learn what you need to consider and what your best options are.

Are Pay for Delete Letters Effective?

Written by Mark P. Cussen, CMFC. Legally reviewed by Jonathan Petts
Updated January 30, 2025

If you have had a debt sent to collections, it may be possible to get the negative item removed with a pay for delete letter. This type of letter politely asks a collection agency, debt buyer, or other creditor to remove the negative item from your credit report in exchange for paying off the debt in question. There are potential drawbacks and benefits to this approach. Read on to learn more about pay for delete letters and how they can affect your credit history and credit score.

Can a Creditor Garnish or Levy My Social Security?

Written by Attorney Paige Hooper. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Approximately 70 million people receive some sort of Social Security income each month, including almost 90% of Americans age 65 or older. In other words, Social Security payments play a vital role in our society. These important benefits are usually protected from creditors, but there are a few exceptions. This protection is sometimes, but not always, automatic. This article covers which benefits are automatically protected and how you can protect those that aren’t. It also covers the exceptions to the rule — situations in which Social Security benefits aren’t protected. Finally, it explains how bankruptcy could be an alternative way to protect your Social Security income.

The 2 Types of Real Estate Tax Sales — Know the Difference

Written by Curtis Lee, JD. Legally reviewed by Jonathan Petts
Updated January 30, 2025

A real estate tax sale occurs when a government entity puts a piece of real estate up for sale to recover past-due property taxes the owner hasn’t paid. There are two main types of tax sales: tax lien sales and tax deed sales. There are both state and municipal laws that govern tax sales.

Know Your Rights in the Foreclosure Process

Written by Attorney Paige Hooper. Legally reviewed by Jonathan Petts
Updated January 30, 2025

The foreclosure process can be long and complicated. There are different processes for different types of loans, but here’s a general look at what will happen if you default on your mortgage and your lender decides to foreclose.

When Can a Bank Foreclose on a Mortgage?

Written by Attorney Cody J. Harding. Legally reviewed by Jonathan Petts
Updated January 30, 2025

If you stop making payments on your home mortgage, the bank is authorized to take action, including the start of a foreclosure action.

Do I have to pay the $338 filing fee?

Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025

You generally have to pay the fee if you earn above 150% of the poverty line for your state, and you generally don't have to pay the fee if you earn below 150% of the poverty line.

Do I have to pay the $338 filing fee?

Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025

You generally have to pay the fee if you earn above 150% of the poverty line for your state, and you generally don't have to pay the fee if you earn below 150% of the poverty line.

The Lender Won’t Show Me the Note. Can It Foreclose Anyway?

Written by Lawyer John Coble. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Asking the lender to show you the note is a defense you can use to stop or delay mortgage foreclosure. How well this defense works will depend on your state's laws. It often only buys time for you to work on other foreclosure alternatives. This article explains what the show-me-the-note defense is, how it works in different states, and where it’s most likely to work.

Will My Bankruptcy Affect My Child's 529 College Saving Plan?

Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025

If you've deposited funds into a 529 College Savings Plan for your child, you probably want to know how filing bankrtupcy will affect them. Whether the funds are protected will depend on how long ago you deposited them.

How do I know if my trustee is going to seize an asset?

Written by Attorney Andrea Wimmer. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Chapter 7 bankruptcy is a liquidation bankruptcy and if the filer has property that is not protected by the available exemptions, the bankruptcy trustee sells the property for the benefit of all unsecured creditors. The vast majority of all consumer Chapter 7 bankruptcy cases filed in the United States do not result in the sale of any assets by the trustee. Trustees never simply come and take an asset - whether that’s money in your bank account or a boat sitting in your driveway. Let’s look at what you can review to determine whether your trustee is likely to seize an asset from you and what to expect once your case is filed.

Foreclosure Defense Lawyers: How They Can Help & What To Expect

Written by Curtis Lee, JD. Legally reviewed by Jonathan Petts
Updated January 30, 2025

If a lender is trying to foreclose on your home or real estate, you may be wondering if it’s worth hiring a foreclosure lawyer to represent you against the mortgage company. Before you decide to hire an attorney to handle your foreclosure, you’ll want to consider many factors. This article will address why you might want to hire a foreclosure attorney and if you do, what you can expect it to cost.

Filing for Bankruptcy with Electronic Self-Representation (ESR)

Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025

This article provides an overview of Electronic Self-Representation and how you can use it to file for Chapter 7 bankruptcy by yourself without the help of an attorney. If you can't afford an attorney, but don't want to go through the process on your own, Upsolve may be able to help!

How To Update A Creditor’s Address After Filing

Written by Attorney Andrea Wimmer. Legally reviewed by Jonathan Petts
Updated January 30, 2025

If a creditor’s address is incorrect on the creditor matrix, the court’s notices to the creditor will be returned as undeliverable. Follow these steps to make sure this is corrected.

What Is Post-Petition Debt?

Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025

Debt you acquire after you file your bankruptcy petition is called post-petition debt. Post-petition debt won't be discharged in your bankruptcy. But post-petition debt isn't the same as debt you forgot to include on your bankruptcy forms.

How Do Deficiency Judgments Work in Florida?

Written by Curtis Lee, JD. Legally reviewed by Jonathan Petts
Updated January 30, 2025

When the sale price of an asset — like a home or car — is less than the debt owed to a lender, a deficiency balance arises. Florida law allows lenders to pursue deficiency balances from borrowers once a court grants them a deficiency judgment. But sometimes, borrowers are protected from collection efforts.

6 Things You Should Know About the Statement of Intentions

Written by Attorney Andrea Wimmer. Legally reviewed by Jonathan Petts
Updated January 30, 2025

If you’re planning on filing a Chapter 7 bankruptcy and have a car loan or other secured debt, here are 6 things you should know about the Statement of Intentions.

How To Calculate Your Income for Your Bankruptcy Forms if You’re Self-Employed

Written by the Upsolve Team. Legally reviewed by Jonathan Petts
Updated January 30, 2025

If you're self-employed, you probably don't get regular paycheck stubs. This can make it trickier to figure out your income, which you'll need to do to file for bankruptcy. You'll also want to know your business expenses, so you can calculate your net income. This article explains how to calculate your income if you're a sole proprietor, gig worker, or independent contractor.

What Are the Kentucky Bankruptcy Exemptions?

Written by Attorney Kassandra Kuehl. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Bankruptcy exemptions allow filers to protect certain property they own. Kentucky residents who've lived in the state for two years or more can choose between the state's exemptions or the federal bankruptcy exemptions. Below, you’ll find detailed information about each so that you can determine which will be best for you.

What Are the Washington Bankruptcy Exemptions?

Written by Attorney Karra Kingston. Legally reviewed by Jonathan Petts
Updated January 30, 2025

In Washington, you can choose between federal and state exemptions when filing for bankruptcy so long as you’ve lived in the state for at least two years. Washington has a very generous homestead and motor vehicle exemption — more generous than the federal government. You’ll need to look at the property you own and want to protect to decide which set of exemptions will help you most when filing Chapter 7.

What Is a Notice of Sale?

Written by Attorney Cody J. Harding. Legally reviewed by Jonathan Petts
Updated January 30, 2025

If you borrowed money to purchase a home or car, that loan is secured by the property you purchased with the credit you were extended. In other words, your lender can reclaim that property once you stop making your payments. If you've received a notice of sale, your lender plans to sell the property that secures your loan. Read on to learn more about what a notice of sale could mean for you and what you can do about it.

Consumers’ Rights – Repossession Notices

Written by Attorney Tori Bramble. Legally reviewed by Jonathan Petts
Updated January 30, 2025

When you stop making payments on certain debts, creditors can repossess your property without giving you notice. In many states, the lender doesn’t even have to tell you it’s going to repossess. No matter how far behind you are on your payments, you have rights. This article will explain the repossession process, how it applies to different property, post-repossession notices, and how to get your property back after repossession.

What Does Pawned Property Mean for My Bankruptcy?

Written by Curtis Lee, JD. Legally reviewed by Jonathan Petts
Updated January 30, 2025

You usually have a limited time period to get pawned property back. If you're within the time period, you still have a legal right to the property, so you need to list it on your bankruptcy forms. The automatic stay will also buy you an additional 60 days to repay the loan and get your property back. If the time period to get your pawned property back has passed, filing bankruptcy won't help you get your property back, but it can help you discharge the pawn debt. You can only get your property back by negotiating with the pawnbroker.

Can Filing Chapter 7 Bankruptcy Help Get Back Garnished Wages?

Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025

Many people who end up with a wage garnishment are already strapped for cash and can’t afford to have money taken out of their checks every week. Filing for bankruptcy is one of the ways to stop a wage garnishment.

What Are the Idaho Bankruptcy Exemptions?

Written by Attorney Eva Bacevice. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Exemptions help you protect what you own when you file bankruptcy. If you file Chapter 7 bankruptcy as an Idaho resident, you must use the state’s exemption laws. Idaho provides a generous homestead exemption up to $175,000 and a motor vehicle exemption of $10,000. Additionally, Idaho offers a wildcard exemption of $800, which you can apply to any property you choose.

How Can I Repair My Credit Myself?

Written by Attorney Amelia Niemi. Legally reviewed by Jonathan Petts
Updated January 30, 2025

This article will explain how credit reports and credit scores work and provide some simple but effective steps you can take that will help improve your credit score. You probably won’t be able to go from a 550 to a 800 credit score overnight but there are definite steps you can take that will help you repair your credit by yourself, without needing to hire a credit repair company.

Can I File a Chapter 13 Bankruptcy if I'm Unemployed?

Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025

Chapter 13 bankruptcy requires filers to make a monthly payment on a court-approved 3-5 year repayment plan. You don't have to be employed to file a Chapter 13 bankruptcy, but you do have to show you're capable of making those monthly payments to your trustee. For most people, this requires regular income.

What is a Debt Collection Attorney?

Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025

A debt collection attorney is a type of attorney who specializes in debt collection. They can represent either creditors or borrowers, so it is smart to find a debt collection attorney who specializes in a practice area specific to your type of case. While a debt collection attorney cannot make your debt disappear, they can help you navigate the debt collection process and protect your legal rights. Keep in mind, though, that hiring a lawyer will be an additional cost to you.

What is a Debt Collection Attorney?

Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025

A debt collection attorney is a type of attorney who specializes in debt collection. They can represent either creditors or borrowers, so it is smart to find a debt collection attorney who specializes in a practice area specific to your type of case. While a debt collection attorney cannot make your debt disappear, they can help you navigate the debt collection process and protect your legal rights. Keep in mind, though, that hiring a lawyer will be an additional cost to you.

Public Service Loan Forgiveness Program: The Ultimate Guide

Written by Attorney Andrea Wimmer. Legally reviewed by Jonathan Petts
Updated January 30, 2025

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

How To Win Against Revco Solutions

Written by Curtis Lee, JD. Legally reviewed by Jonathan Petts
Updated January 30, 2025

If Revco Solutions tries to collect a debt from you, you have options and can fight back. The first thing you should do is have Revco Solutions validate the debt to confirm they have authorization to collect it. Then, verify that the debt is yours and the amount is correct. If you disagree with the debt, you can dispute it. If the debt’s details are correct, you can try to negotiate a settlement for less than what you owe. If Revco Solutions sues you, you can still negotiate the debt, but you must also respond to the summons and complaint. Otherwise, you risk them garnishing your paycheck or bank account.

Can My Mortgage Lender Bid For My Home At A Foreclosure Sale?

Written by Natasha Wiebusch, J.D.. Legally reviewed by Jonathan Petts
Updated January 30, 2025

As a homeowner, you might be surprised to learn that at the foreclosure sale, your own mortgage lender can place a bid (called a credit bid) on your home. Read more to learn about why mortgage lenders do this and what happens at a foreclosure sale.

Do You Need a Mortgage Loan Modification Attorney?

Written by Curtis Lee, JD. Legally reviewed by Jonathan Petts
Updated January 30, 2025

A loan modification lowers your monthly mortgage payments by reducing your interest rate or increasing the length of the home loan. To qualify for a loan modification, you often need to prove that you’ve faced financial hardship. You also have to meet other requirements set by your lender. Hiring a loan modification attorney can help ensure the process goes smoothly and is successful — especially if you’re facing foreclosure. That said, you aren’t required to hire a lawyer as part of the process.

Is Filing for Bankruptcy Worth It?

Written by the Upsolve Team. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Filing bankruptcy gives you immediate protection from your creditors and a financial fresh start by wiping out certain debts like credit card debt, payday loans, and medical debt. If your wages are being garnished or credit card companies and payday lenders are harassing you to collect payments you can't afford to pay, filing bankruptcy may be the best way to get permanent relief. But if most of your debts are non-dischargeable, filing bankruptcy may not be worth it.

Debt Relief Programs and Financial Resources for Veterans

Written by Attorney Jenni Klock Morel. Legally reviewed by Jonathan Petts
Updated January 30, 2025

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.

What Are the North Carolina Bankruptcy Exemptions?

Written by Attorney Eva Bacevice. Legally reviewed by Jonathan Petts
Updated January 30, 2025

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.

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

Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025

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.

Can a Married Person File Taxes Without Their Spouse?

Written by Lawyer John Coble. Legally reviewed by Jonathan Petts
Updated January 30, 2025

A married couple filing income tax returns can choose to do so married filing jointly or married filing separately. In the past, the primary reason for filing separate tax returns was to shield one spouse from the tax liability of the other spouse. Couples filing separate returns paid much more in income taxes than couples filing joint returns. Today, with tax law changes, there are situations where filing separately can result in a lower combined tax burden.

What are the Louisiana Bankruptcy Exemptions?

Written by Attorney Eva Bacevice. Legally reviewed by Jonathan Petts
Updated January 30, 2025

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.

Getting Out Of Medical Debt

Written by Attorney Kimberly Berson. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Medical debt can sometimes seem overwhelming, but there are things you can do to resolve it. Learn how medical debt can affect you in the long run, how to negotiate and set up a repayment plan, and what forms of assistance could help you pay for medical costs. Also, find out if filing for bankruptcy could help you to discharge your medical debt.

How to File Bankruptcy Without a Lawyer?

Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025

There's nothing that says you have to hire a lawyer to get bankruptcy relief. You can file bankruptcy without a lawyer either by yourself or with the help of a legal aid organization.

How Do I Prepare for Bankruptcy?

Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025

It may be helpful to take these steps to prepare for filing for bankruptcy, whether you're working with a bankruptcy attorney or filing on your own online.

How Do I Prepare for Bankruptcy?

Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025

It may be helpful to take these steps to prepare for filing for bankruptcy, whether you're working with a bankruptcy attorney or filing on your own online.

How To Win Against Penn Credit

Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025

If Penn Credit reaches out to you, they may be looking to collect a debt they think you owe. Before paying anything, validate that the debt is legitimate and yours. If you agree that you owe the money, you can figure out how much of the debt you can pay and begin debt settlement negotiations to pay less than the full amount. If Penn Credit sues you, respond immediately by filing an answer form. Most importantly, try not to stress — you’ve got this!

What are the Missouri Bankruptcy Exemptions?

Written by Attorney Karra Kingston. Legally reviewed by Jonathan Petts
Updated January 30, 2025

The most important thing you will need to educate yourself before filing bankruptcy is what bankruptcy exemptions you will need to use. Bankruptcy exemptions allow you to keep your property. When filing bankruptcy there are two types of bankruptcy exemptions you will need to be aware of - federal exemptions and state exemptions. When Congress enacted bankruptcy laws, they implemented federal bankruptcy exemptions to allow filers to protect their property. At the same time, they allowed each State the opportunity to choose whether they want to use the federal exemptions or to opt-out if not. If you file bankruptcy in Missouri, you will learn that Missouri is an “opt-out” state. This means that Missouri opted out of allowing filers to use the federal bankruptcy exemptions. You can use the federal nonbankruptcy exemptions to protect certain qualifying retirement benefits, death benefits, and veterans’ benefits.

Can Social Security Overpayments be Discharged in Bankruptcy?

Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025

If you owe money to the government due to an overpayment of social security benefits, you may be concerned about whether you’ll be able to eliminate this debt as part of a Chapter 7 bankruptcy. Keep reading to learn how to make sure you are able to discharge your debt for this overpayment.

How To Win Against Capio Partners

Written by the Upsolve Team. Legally reviewed by Jonathan Petts
Updated January 30, 2025

If Capio Partners contacts you to try to collect a debt, the best thing you can do is get informed and respond. Before paying anything, validate the debt. If it’s your debt but you can’t afford to pay it, make a settlement offer to pay less than the original amount owed. If it isn’t your debt, dispute it. Capio is unlikely to sue, but if they do, you can probably still negotiate as long as you also meet the requirements of the lawsuit.

How To Get a Reaffirmation Agreement in Chapter 7 Bankruptcy

Written by Attorney Paige Hooper. Legally reviewed by Jonathan Petts
Updated January 30, 2025

To keep your car during and after a Chapter 7 bankruptcy, you sometimes need to sign a reaffirmation agreement with the lender and have it approved by the bankruptcy court. This agreement is a contract that confirms you're committed to continue paying your car loan after bankruptcy. It comes with a risk: If you fall behind on your car payments after your bankruptcy, your car may be repossessed and you may be left to pay a deficiency balance.

How do I know if my fee is waived?

Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025

For the court filing fee, you'll get a notice in the mail that tells you if your fee is waived.

How do I know if my fee is waived?

Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025

For the court filing fee, you'll get a notice in the mail that tells you if your fee is waived.

Debt Relief for Seniors: Financial Aid Options

Written by Lawyer John Coble. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Being in debt as a senior citizen is a bigger issue than being in debt at a younger age. Whether you are saving for retirement or have already retired and are trying to make ends meet on a fixed income, time is of the essence when it comes to resolving debt at this age. This article will explore bankruptcy as a potential solution for helping senior citizens eliminate debt, as well as other debt-relief, debt management, and financial assistance options.

3 Ways a Wage Garnishment Lawyer Can Help You

Written by Lawyer John Coble. Legally reviewed by Jonathan Petts
Updated January 30, 2025

An experienced wage garnishment lawyer has several tools that may be able to help you with a garnishment order. This article discusses how an attorney can prevent wage garnishments, reduce debts that could lead to wage garnishments, and eliminate existing wage garnishments. Finally, this article examines how a lawyer can help you file bankruptcy.

9 Things a Solid Debt Settlement Agreement Should Have

Written by Mark P. Cussen, CMFC. Legally reviewed by Jonathan Petts
Updated January 30, 2025

If you’re struggling to pay a debt and your account is in default, you can try to negotiate a debt settlement agreement with your creditor. If a creditor does agree to negotiate a debt settlement agreement, it's important to get the details right before signing a binding contract. This article will explore when to consider a debt settlement agreement, how long the process takes, how it affects your credit score, and what an agreement should contain.

Consumer Rights Under the Fair Credit Reporting Act (FCRA)

Written by Lawyer John Coble. Legally reviewed by Jonathan Petts
Updated January 30, 2025

The FCRA regulates consumer reporting agencies, creditors , and those who request another's credit report. This law protects consumers by restricting information that can be used in credit reports, who can access credit information, and how long entries can remain on individual reports.

What Is a Foreclosure Trustee?

Written by Natasha Wiebusch, J.D.. Legally reviewed by Jonathan Petts
Updated January 30, 2025

When a borrower defaults on their home loan and a nonjudicial foreclosure is used, a foreclosure trustee is appointed to oversee the foreclosure process. In this article, we’ll explain the foreclosure trustee’s role in the foreclosure process and who can legally be a trustee.

What Are the Arkansas Bankruptcy Exemptions?

Written by Attorney Kassandra Kuehl. Legally reviewed by Jonathan Petts
Updated January 30, 2025

If you’ve lived in Arkansas for at least two years and you’re filing Chapter 7, you can choose between the federal or state bankruptcy exemptions. Bankruptcy exemptions are laws that help you protect your property when you file your case. For many types of property and belongings, federal exemptions are more generous for filers. However, Arkansas does have a generous acreage-based homestead exemption, which can be useful if you’re a homeowner.

Divorce and Foreclosure: How Each Affects the Other

Written by Natasha Wiebusch, J.D.. Legally reviewed by Jonathan Petts
Updated January 30, 2025

If a marital home is at risk of being foreclosed upon, the choices made in a couple's divorce process can significantly impact how that foreclosure risk is resolved. Who - if anyone - wants to remain in the house tends to affect the outcomes of these processes the most.

What is an "Official Form 309A -- No Proof of Claim?"

Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025

The court sends this document to the creditors you listed on your bankruptcy paperwork when you file. It gives each creditor important information about your case and tells them what they need to do if they have a reasonable objection to your bankruptcy.

What Are the New Jersey Bankruptcy Exemptions?

Written by Attorney Eva Bacevice. Legally reviewed by Jonathan Petts
Updated January 30, 2025

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.

The Debt Settlement Agreement Letter: Your Legal Contract

Written by Mark P. Cussen, CMFC. Legally reviewed by Jonathan Petts
Updated January 30, 2025

If a lender agrees to settle a debt for less than what you owe, you need to get the details in writing for the agreement to be binding. This is especially important because many debt settlements happen via telephone. A debt settlement agreement letter is a tool you can use to do this. It must include key information about you, your account, your lender, and the repayment terms you've agreed to.

Upside Down Car Loans

Written by Chiara King. Legally reviewed by Jonathan Petts
Updated January 30, 2025

A car loan is "upside down" or "underwater" when the borrower of the loan owes more than the vehicle is worth. This negative equity situation can cause financial problems if a car is stolen or needs repairs that insurance won’t cover. Borrowers have options to flip their loans "right side up" or get them out of their upside-down loan obligations.

What Is a Co-Debtor and How Does My Bankruptcy Affect Them?

Written by the Upsolve Team. Legally reviewed by Jonathan Petts
Updated January 30, 2025

A co-debtor is someone who took out a loan with you. In doing so, they agreed to be equally responsible for repaying the loan or debt. If you have debts with co-debtors and you don't reaffirm the debt in a Chapter 7 case, your co-debtor will be solely responsible for repaying the debt if you get a bankruptcy discharge. If you file Chapter 13 bankruptcy, the automatic stay will protect both you and the co-debtor so long as you make the payments outlined in your repayment plan.

Already Filed Bankruptcy Then Sued By a Creditor? Do This

Written by Attorney Andrea Wimmer. Legally reviewed by Jonathan Petts
Updated January 30, 2025

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

Already Filed Bankruptcy Then Sued By a Creditor? Do This

Written by Attorney Andrea Wimmer. Legally reviewed by Jonathan Petts
Updated January 30, 2025

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

Can Chapter 7 Bankruptcy Be Removed From My Credit Report Before 10 Years?

Written by Attorney Todd Carney. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Chapter 7 bankruptcy stays on your credit report for 10 years. There’s no way to remove a bankruptcy filing from your credit report early if the information is accurate. Bankruptcy will hurt your credit at first, but the effect will lessen over time. And in the long term, it can help you get your financial life back on track.

What Are the South Carolina Bankruptcy Exemptions?

Written by Attorney Kassandra Kuehl. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Only 17 states allow their residents to choose between claiming state exemptions and federal bankruptcy exemptions. South Carolina is not one of these states. Instead, South Carolina law provides residents with state-specific exemptions and does not allow its residents to claim federal exemptions. While some federal law in the Bankruptcy Code does influence how some South Carolina exemptions are structured, the kinds of exempt property filers can claim and the exemption amounts that apply to bankruptcy cases are state-specific. It’s important to note that if you have lived in South Carolina for less than 2 years, you may not be able to claim South Carolina’s exemptions to your property.

What Are Our Limits?

Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025

To determine if someone is a good fit for Upsolve, we ask hundreds of questions. If someone isn't a good fit for our free tool based on their answers, we let them know.

What Are Our Limits?

Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025

To determine if someone is a good fit for Upsolve, we ask hundreds of questions. If someone isn't a good fit for our free tool based on their answers, we let them know.

Will Chapter 7 Bankruptcy Lower My Credit Score?

Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025

Most people who have low credit scores and file for bankruptcy actually see their credit scores improve.

Will Chapter 7 Bankruptcy Lower My Credit Score?

Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025

Most people who have low credit scores and file for bankruptcy actually see their credit scores improve.

How To Fix Errors on Your Credit Report — An Overview

Written by Attorney Alexander Hernandez. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Your credit score and by extension, your credit report play an important part in almost everything you do. Whether it’s getting qualified for a new mortgage or trying to rent an apartment near the school you want your child to go to, errors on your credit report can significantly impact your options and finances going forward. To ensure you’re getting the best possible deal it’s important to keep an eye on what’s on your credit report and - if you find any errors - update and correct the information it contains.

Should I File Bankruptcy for My Business?

Written by Curtis Lee, JD. Legally reviewed by Jonathan Petts
Updated January 30, 2025

If you're struggling to make ends meet for your business you can dissolve your business under state law or file bankruptcy. The type of bankruptcy you'll file depends largely on the business's structure. You can file personal bankruptcy — Chapter 7 or Chapter 13 —bankruptcy if you're a sole proprietor. If your business is an LLC, corporation, or other legal entity, you may want to file Chapter 11 instead. It's often good to get legal help when filing a business bankruptcy.

What Are the Massachusetts Bankruptcy Exemptions?

Written by Attorney Kassandra Kuehl. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Massachusetts law allows for most residents to choose between applying federal bankruptcy exemptions and state exemptions to property that could be affected by the bankruptcy process. The only time that this choice is not available is if a filer is a new Massachusetts resident and has lived in the state for less than two years. By examining each approach below, you can determine whether your case will be served best by applying Massachusetts exemptions or by claiming those available under federal law. Oftentimes, both schemes do an equally adequate job of safeguarding a filer’s property. But sometimes, it’s advantageous to choose one option over the other.

What Are Mini Miranda Rights?

Written by Attorney Paige Hooper. Legally reviewed by Jonathan Petts
Updated January 30, 2025

When a debt collector contacts you, they have to identify themselves as a collector and tell you they're trying to collect on a debt. This is sometimes called a "Mini Miranda” requirement. This requirement was created to prevent unfair questioning and practices in the debt collection process. These rights are updated occasionally to address new communication technologies.

How to Fix a Mistake on your Bankruptcy Forms After Filing

Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025

When you file for bankruptcy and submit your forms you testify under oath that your forms are true and correct. If your bankruptcy forms have inaccuracies and you don’t fix your mistake, the Bankruptcy Court may assume that you’re purposely trying to hide information. Making an amendment to your forms is simple and shows the Court that you made a mistake.

How to tell if you have property that is not protected by an exemption

Written by Attorney Andrea Wimmer. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Schedule A/B lists everything you own. Schedule C lists all everything you own that is protected by an exemption. Here is how you can tell what’s protected by an exemption by looking at your Schedule C, complete with an example to illustrate what it means when something is only partially exempt.

What To Do If A Creditor Violates The Automatic Stay

Written by Attorney Andrea Wimmer. Legally reviewed by Jonathan Petts
Updated January 30, 2025

The automatic stay goes into effect as soon as your bankruptcy petition has been filed with the court and a case-number assigned to your case. The automatic stay prohibits creditors from trying to collect a debt from you. Creditors and their attorneys know that the bankruptcy court can order them to pay sanctions to the bankruptcy filer if they violate the automatic stay.

Is a bankruptcy discharge public record?

Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025

There are a few, limited ways that your bankruptcy becomes public record.This alone shouldn't stop you from choosing to file for bankruptcy.

Will My Employer Find Out About My Bankruptcy?

Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025

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

Co-signer Rights, Responsibilities, and Considerations

Written by Attorney Eric Hansen. Legally reviewed by Jonathan Petts
Updated January 30, 2025

A co-signer is a third-party who guarantees the debt of another person. Friends and family members often co-sign loans for loved ones with poor credit or no credit history. Co-signers can be held accountable for these debts, so it is important to think carefully before agreeing to become a co-signer.

What is an asset in bankruptcy?

Written by Attorney Andrea Wimmer. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Everything you own is an asset. Whether your property is valuable enough to turn your case into an asset bankruptcy depends on what bankruptcy exemptions you can use to protect your property.

Dealing With Tax Debt In and Out Of Bankruptcy

Written by Attorney Andrea Wimmer. Legally reviewed by Jonathan Petts
Updated January 30, 2025

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

Dealing With Tax Debt In and Out Of Bankruptcy

Written by Attorney Andrea Wimmer. Legally reviewed by Jonathan Petts
Updated January 30, 2025

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

How To Win Against RMP Services

Written by Attorney Tina Tran. Legally reviewed by Jonathan Petts
Updated January 30, 2025

RMP Services is a debt collector that works exclusively for healthcare companies. If they contact you, they likely bought a past-due account from a healthcare provider and are looking to collect on it. Before you pay anything, validate the debt to ensure it’s legitimate. If the debt is genuine, you probably have to pay or risk serious consequences. If you can’t afford the full amount, make a debt settlement offer to repay a fraction of the original debt amount and close the account for good. If RMP Services sues you, respond ASAP by filing an answer form with your court.

Can I Get a Job, Housing, and Benefits if I File for Chapter 7 Bankruptcy?

Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025

Many people worry that filing bankruptcy will have a negative impact on their housing, job, and other important opportunities. The truth is that the vast majority of bankruptcy filers keep their day-to-day lives intact without issue. The law protects you from being fired for filing bankruptcy, and you can still receive public benefits.

Can I Get a Job, Housing, and Benefits if I File for Chapter 7 Bankruptcy?

Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025

Many people worry that filing bankruptcy will have a negative impact on their housing, job, and other important opportunities. The truth is that the vast majority of bankruptcy filers keep their day-to-day lives intact without issue. The law protects you from being fired for filing bankruptcy, and you can still receive public benefits.

The Judge in Small Claims Court Was Wrong. Can I Appeal?

Written by Natasha Wiebusch, J.D.. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Unlike other types of lawsuits, not everyone has a right to appeal a small claims case. This article will explore how small claims appeals differ by state. It is important to understand how your state deals with small claims appeals specifically, as rules vary significantly from state to state.

Can Bankruptcy Take Your 401(k) or IRA?

Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025

Retirement accounts are almost always protected in a bankruptcy case. If you're 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.

Can the IRS Take Your Home if You Owe Back Taxes?

Written by Curtis Lee, JD. Legally reviewed by Jonathan Petts
Updated January 30, 2025

The IRS can take your home and sell it if you’re behind on your taxes. But before the IRS seizes your home, they’ll often use other tax debt collection tools. These include the federal tax lien, bank levy, or wage garnishment. Because of the time and money it takes to seize and sell a home with a tax levy, it’s usually a last resort for the IRS. Instead, the agency usually starts by using a levy to take cash assets.

Can Bankruptcy Stop Foreclosure?

Written by Attorney Andrea Wimmer. Legally reviewed by Jonathan Petts
Updated January 30, 2025

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

Can Bankruptcy Stop Foreclosure?

Written by Attorney Andrea Wimmer. Legally reviewed by Jonathan Petts
Updated January 30, 2025

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

What Are the Indiana Bankruptcy Exemptions?

Written by Attorney Karra Kingston. Legally reviewed by Jonathan Petts
Updated January 30, 2025

If you’ve been an Indiana resident for at least two years when you file Chapter 7 bankruptcy, you’ll be required to use the state’s bankruptcy exemptions to protect your property and belongings. Indiana offers a $22,750 homestead exemption you can use to help protect your primary residence. There is no motor vehicle exemption in Indiana, but you can use the state’s $12,100 wildcard exemption to protect your car and other personal property.

I Received an Eviction Notice. What Does It Really Mean?

Written by Lawyer John Coble. Legally reviewed by Jonathan Petts
Updated January 30, 2025

When you receive a residential eviction notice from your landlord, there are different ways you can respond and the strategy you choose may depend on the type of eviction notice you receive. This article covers the different types of notices required for eviction proceedings and what options you have if the landlord fails to send an eviction letter before an eviction.

12 Ways To Build a Strong Credit History

Written by Mark P. Cussen, CMFC. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Your credit score is one of the main components of your financial health. If your FICO credit score is good, then you can get credit more easily and cheaply than you can if you have several blemishes on your credit report. Fortunately, there are several things that you can do to build your credit over time, regardless of what your credit score is now.

What Are the Georgia Bankruptcy Exemptions?

Written by Attorney Karra Kingston. Legally reviewed by Jonathan Petts
Updated January 30, 2025

If you’ve been a Georgia resident for the last two years before you file Chapter 7, you’ll need to use the state’s exemptions to protect your property during your bankruptcy. Exemptions are laws that outline what property you can keep during bankruptcy. The Georgia homestead exemption is $21,500. The motor vehicle exemption is $5,000. Georgia also has a wildcard exemption you can use to protect other personal property up to $1,200. If you don’t use the full homestead exemption, you can apply up to $10,000 of the unused portion to protect personal property as well.

Should I File for Bankruptcy After a Foreclosure?

Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025

Many people consider filing for bankruptcy after their homes are foreclosed. Bankruptcy can get rid of any remaining debt once you sell your home.

Should I File for Bankruptcy After a Foreclosure?

Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025

Many people consider filing for bankruptcy after their homes are foreclosed. Bankruptcy can get rid of any remaining debt once you sell your home.

What You Should Know About Bankruptcy And Luxury Items

Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025

A luxury item is something that is not reasonably necessary for your maintenance and support. It’s something you don’t need to live. Non-luxury items, on the other hand, are things you purchase to cover necessities for yourself and your dependents. Things like groceries, utilities, rent, and gas. The term luxury item includes both products and services that cost more than $725.

How Do You Respond To a Debt Collection Lawsuit in New York?

Written by Curtis Lee, JD. Legally reviewed by Jonathan Petts
Updated January 30, 2025

If you get sued by a creditor looking to collect a debt, you’ll be notified of the lawsuit with a summons and complaint. In New York, you have 20 or 30 days to respond to (answer) the debt collection lawsuit. The time frame depends on how you were served notice of the lawsuit. In your response (answer) you’ll want to address each issue listed in the complaint and assert your affirmative defenses and counterclaims. Then, file your answer with the court and send the plaintiff a copy. This article walks you through the process and potential defenses.

How Does a Chapter 13 Repayment Plan Work?

Written by Attorney Paige Hooper. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Chapter 13 bankruptcy is sometimes called a wage earner's plan because it allows filers who have regular income to repay all or part of their debts through a 3-5 year repayment plan. The timeframe is usually determined by how your current monthly income compares to the median income in your state. The filer (and their attorney, if they have one) propose the repayment plan and money installment amount to the court. The judge and your creditors can challenge the plan. During the course of your plan, your creditors can't continue collection efforts on your debts.

How Long Does Chapter 13 Bankruptcy Take?

Written by Attorney Jenni Klock Morel. Legally reviewed by Jonathan Petts
Updated January 30, 2025

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.

Requirements for Chapter 7 Bankruptcy

Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025

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.

What Are the Florida Bankruptcy Exemptions?

Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025

If you're a debtor filing for bankruptcy and you live in Florida, you'll be using the Florida bankruptcy exemptions to protect your property.

Filing for Bankruptcy To Stop Foreclosure: Chapter 7 vs. Chapter 13

Written by Attorney Todd Carney. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Filing for bankruptcy can help homeowners to prevent foreclosure. Most of the time, filing for Chapter 13 bankruptcy is most effective at preventing foreclosure, as it allows homeowners to repay their overdue mortgage debt over a 3-5 year period of time.

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

Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025

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

6 Steps To Stop Wage Garnishment After Filing Bankruptcy

Written by Attorney Andrea Wimmer. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Wage garnishments have to stop immediately once your case is filed but you should allow time for the creditor to provide your employer with the necessary paperwork to actually cause the stop. If your case is filed the day before your next payday, chances are you're paycheck will still be garnished, as the payroll has already been processed. However, you'll get that money back.

How To Answer an Illinois Debt Collection Court Summons

Written by Attorney Tina Tran. Legally reviewed by Jonathan Petts
Updated January 30, 2025

If you’re sued in Illinois for debt collection, you must file an appearance if you’re sued for less than $10,000. To complete an appearance form, you will fill out your personal information, select which trial type you prefer (this is only a preference, not a guarantee), fill out the proof of delivery, e-file your forms with your court within 30 days (generally), then deliver a copy of the appearance on the plaintiff. A written answer is not required for debt collection lawsuits in small claims court cases in Illinois, but you can file one if you choose, though fees may apply. Filing an answer may help you prepare your defenses for trial and show the debt collector that you’re serious about asserting your rights. Procedures vary from county to county in Illinois, so it is always best to check with your court to verify what is required of you in a debt collection lawsuit.

How To Answer an Oregon Debt Collection Court Summons

Written by Attorney Tina Tran. Legally reviewed by Jonathan Petts
Updated January 30, 2025

If you’re sued for a debt in Oregon, you’ll receive an official notice from the court. If you’re sued in small claims court, you need to respond to the notice and tell the court if you want a hearing or jury trial. If you’re sued in regular circuit court, you need to respond with an answer form that includes any affirmative defenses you may have. After responding in either situation, you must show up to required court appearances, which could be a hearing, mediation, or arbitration, depending on your case.

What Is the Presumption of Abuse in Bankruptcy?

Written by Curtis Lee, JD. Legally reviewed by Jonathan Petts
Updated January 30, 2025

You need to meet certain eligibility requirements to file Chapter 7 bankruptcy. If your income is higher than the median income for a similar-sized household in your state, this flags the bankruptcy court of a "presumption of abuse." This doesn't mean you can't file Chapter 7 or that you've abused the system. It does mean you must do more calculations as part of the means test to prove that you don't make enough money to repay your debts and that you aren't taking advantage of the bankruptcy process.

Am I Responsible for My Spouse’s Debt?

Written by Attorney Paige Hooper. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Whether or not you’re responsible for your spouse’s debt depends on what state you live in. If you live in a non-community property state, you’re only responsible for debt in your name and debt you’ve co-signed on. If you live in one of nine community property states (or Puerto Rico), you are responsible for your spouse's debt regardless of whose name is on it. There are some exceptions though, which we’ll explain in this article.

Understanding Foreclosure Lawsuits and Why You Need To File an Answer

Written by Attorney Todd Carney. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Your rights and responsibilities in contesting a foreclosure will vary depending on whether you are subject to a judicial or nonjudicial one. If you face a judicial foreclosure, it is crucial to file an answer. This article will help you understand foreclosures and why you should always file an answer.

Can I Leave Debts Out of My Bankruptcy?

Written by Attorney Paige Hooper. Legally reviewed by Jonathan Petts
Updated January 30, 2025

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

How can a trustee find out about an inheritance?

Written by Attorney Amelia Niemi. Legally reviewed by Jonathan Petts
Updated January 30, 2025

The Bankruptcy Code provides that an inheritance the filer becomes entitled to receive in the 180 days after their case is filed has to be turned over to the bankruptcy trustee so it can be paid to creditors. This article will explore why this rule exists, how it works exactly, and why it’s never a good idea to try and hide things from the trustee.

What Is a Lien and How Does It Affect My Property?

Written by Lawyer John Coble. Legally reviewed by Jonathan Petts
Updated January 30, 2025

A lien is a property right held by a creditor to secure the creditor’s right to payment from the borrower. Once the creditor is paid in full, the lien is released and the borrower owns the property free and clear. This article will provide an overview of the different types of liens, how they arise, and provide some guidance and additional resources on how to deal with liens in a Chapter 7 bankruptcy.

What Is the Rule 2004 Bankruptcy Exam?

Written by Attorney Paige Hooper. Legally reviewed by Jonathan Petts
Updated January 30, 2025

The bankruptcy process lets interested parties, like the trustee or creditors, obtain information about the person filing bankruptcy and their financial situation. But sometimes, these interested parties want more information than what’s contained in the bankruptcy filings. When this happens, they can use Bankruptcy Rule 2004 to compel someone to testify in court and/or bring documents that may offer some insight to the bankruptcy-related issue or question.

What Is a Perfected Lien?

Written by Attorney Paige Hooper. Legally reviewed by Jonathan Petts
Updated January 30, 2025

A lien against your car or home shows that the lender has a security interest in the property. A perfected lien is a lien that has been properly legally recorded by the lienholder. Once a lien is perfected, the lienholder can enforce their legal right to the property if you fail to repay the loan. Perfected liens can affect you if you have secured debt (like a mortgage or car loan) when you file bankruptcy.

Does Anyone Have a 300 Credit Score?

Written by Attorney Eric Hansen. Legally reviewed by Jonathan Petts
Updated January 30, 2025

There are people out there who have a 300 credit score, though this is fairly rare and a score this low would be the result of many significant negative items in a borrower’s credit history. The good news is that no matter where your score is now, you can work to improve it. This article will cover subprime credit scores and how to improve them.

New York Small Claims Court – Overview and Limits

Written by Lawyer John Coble. Legally reviewed by Jonathan Petts
Updated January 30, 2025

The New York Small Claims Court is a special part of the court system. The legal process in small claims courts is simplified and informal so that anyone can access it without needing to hire a lawyer. Only individuals can use small claims courts in New York, and you can only use the court to sue for money. The amount of the claim you can bring ranges from $3,000 to $10,000, depending on where you live in the state.

Free Foreclosure Lawyers: How To Deal With a Foreclosure Without Money

Written by Curtis Lee, JD. Legally reviewed by Jonathan Petts
Updated January 30, 2025

The majority of home mortgage foreclosures happen because homeowners don’t have enough money and stop making their mortgage payments. But many times borrowers have a legitimate defense against foreclosure. Or they’re willing to accept the foreclosure but could use some help in making sure their rights are protected during the foreclosure process. If you can't afford to pay for a foreclosure defense attorney, there are other options you can use to help you through a foreclosure proceeding. You can handle the foreclosure on your own, set up a free consultation with an attorney, contact a free legal aid society, or look for a pro bono lawyer.

What To Expect After a Foreclosure Sale

Written by Mark P. Cussen, CMFC. Legally reviewed by Jonathan Petts
Updated January 30, 2025

If your home has been foreclosed, you’re probably wondering what your options are at this point. Going through the foreclosure process is stressful, and having to figure out what to do next only adds to that. Fortunately, you do have options. There are few ways you may be able to stay in your home after foreclosure. Or if you decide it’s better to leave, you have options there too. Here’s what you can expect to see after the foreclosure process has run its course.

Strict Foreclosure in Connecticut: How the Process Works

Written by Attorney Paige Hooper. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Under Connecticut law, there are two types of foreclosures: strict foreclosure and foreclosure by sale. Both types are judicial proceedings that begin with your mortgage servicer filing a lawsuit against you and proving to the court that your loan is in default. Your lender can request either type of foreclosure.

How To Win Against MBA Law

Written by Curtis Lee, JD. Legally reviewed by Jonathan Petts
Updated January 30, 2025

If MBA Law contacts you to collect a debt or tries to sue you for a debt, you have rights and can fight back. To start, have them validate the debt. If they can validate the debt but you disagree with it, you can dispute it. If the debt is valid and you agree that you owe it, you can pay it off in full or try to settle the account for less than what you owe. These negotiations are common with debt collectors like MBA Law. If MBA Law sues you, it’s best to respond quickly, or you risk losing the lawsuit and potentially having your paycheck garnished.

Can You File Chapter 13 Bankruptcy Online Yourself?

Written by Curtis Lee, JD. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Though there are online services that claim they can help you file a Chapter 13 bankruptcy by yourself, the success rate for people who file Chapter 13 without a lawyer is low. That’s because Chapter 13 cases include multiple types of debts and a repayment plan that can last from three to five years. It's not uncommon for filers to experience issues or changes while their Chapter 13 bankruptcy case is open, and it can be difficult to deal with those without legal help.

How Can I Find a Free Bankruptcy Lawyer in New York City?

Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025

If you're looking for an affordable bankruptcy lawyer, look no further. Upsolve is a nonprofit that helps low-income Americans get the fresh start they need through Chapter 7 bankruptcy. We'll also help you look at other resources for affordable bankruptcy lawyers.

What Is a Repossession Company?

Written by Attorney Eric Hansen. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Sometimes things happen that are outside of our control and we get behind on loan payments. If you’ve made a late car payment or if you’ve missed one entirely, you might be concerned about the bank sending someone to repossess your property and wondering if you should be keeping an eye out for the repo man. You can set your mind at ease by learning about the repossession process, what rights you have, and how to prevent the situation entirely. This article will address repossessions and repo agents, the laws they must follow, and how they can track you down if you try to hide your car.

I Can’t Afford an Attorney. Can a Pro Bono Lawyer Help Me?

Written by Attorney Paige Hooper. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Nonprofit legal agencies and some attorneys offer free or low-fee assistance under certain circumstances. Other attorneys offer guidance on a contingency basis. Free bankruptcy help can be found via the no-cost filing tool provided by Upsolve.

Who Pays for Bankruptcies?

Written by the Upsolve Team. Legally reviewed by Jonathan Petts
Updated January 30, 2025

When individuals find themselves in debt, bankruptcy can be a solution that gives you a fresh start. But when someone files for bankruptcy, who pays for it? Learn more here.

New York’s Statute of Limitations for Credit Card Debt

Written by Lawyer John Coble. Legally reviewed by Jonathan Petts
Updated January 30, 2025

If you have credit card debt that you can’t pay, creditors and debt collectors can’t try to collect on it forever. Statute of limitations set a timeline for creditors and other debt collectors to collect on a debt. In New York, a recent law is strengthening the protections you get from the statute of limitations by shortening the timeline and not allowing creditors to restart the statute of limitations if you make a payment.

4 Things To Know About Defaulting on Your Mortgage

Written by Attorney Kimberly Berson. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Typically, a mortgage default occurs if the borrower misses payments, fails to pay real estate taxes, or fails to pay for homeowner’s insurance. A mortgage default could occur if the borrower transfers the title to a new owner without the consent of the lender. Default terms vary depending on the loan type and mortgage contract. 

What Are the Tennessee Bankruptcy Exemptions?

Written by Attorney Karra Kingston. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Exemptions help bankruptcy filers protect their property and assets. If you're looking to file bankruptcy and exempt your property in Tennessee, you'll be limited to Tennessee’s exemptions only. Filers in Tennessee can't use the federal exemptions. That said, you can use federal nonbankruptcy exemptions to protect certain retirement accounts and disability benefits.

My VA Loan Was Foreclosed On. Can I Get Another VA Loan?

Written by Natasha Wiebusch, J.D.. Legally reviewed by Jonathan Petts
Updated January 30, 2025

One of the most common questions veterans have is whether they can still get a VA home loan after foreclosure. The answer is often yes, but the size of the loan will be affected by the previous foreclosure and what your remaining entitlement benefits are. It's much better for the service member, and the VA, to avoid the foreclosure in the first place. Read on to learn what options you have for avoiding foreclosure, and what you can do to get a new VA loan if foreclosure was unavoidable.

What Does a Foreclosure Notice Mean?

Written by Attorney Kimberly Berson. Legally reviewed by Jonathan Petts
Updated January 30, 2025

If you miss several mortgage payments, you will be at risk of losing your home through a foreclosure sale. If you receive a notice of foreclosure, it’s a good idea to take steps to save your home. Learn more about foreclosures, what happens when you receive a foreclosure notice, and what steps you can take to save your home from a foreclosure sale.

How To Answer an Arizona Debt Collection Court Summons

Written by Attorney Tina Tran. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Responding to a debt lawsuit in Arizona is easier than most people realize. You respond by filling out a court-provided answer form, filing it with the court, and delivering a copy to the person suing you. The answer form is your opportunity to admit, deny, or say you don’t know about the claims against you. These claims are written out in the complaint form, which you’ll receive with a court summons that tells you you’re being sued and how long you have to respond to the case.

What’s the Difference Between Direct, Indirect, and FFEL Student Loans?

Written by Attorney Paige Hooper. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Federal student loans are designed to help students and their families pay for college expenses. There are two types of federal student loans: Direct and Indirect. Direct Loans are issued by the U.S. Department of Education, while indirect loans are made by colleges and universities. Federal Family Education Loans (FFEL) and Perkins Loans are two common types of indirect loans. These loans were made by private lenders and guaranteed by the federal government. Both programs have since ended, but millions of borrowers carry loan balances on these loans. Direct Loans are eligible for more forgiveness and loan repayment options than indirect loans, especially when it comes to income-driven repayment plans. It's important to understand the differences between these types of loans when considering borrowing for college expenses.

Giving Gifts Before Filing Bankruptcy

Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025

The bankruptcy system doesn’t care about the fact that you purchased your kids some toys for Christmas, or that you’re giving a friend a $10 gift card for their birthday. But, you will be required to list all persons who received gifts with a combined value greater than $600 within the 2 years before your bankruptcy case is filed. This article discusses how gift giving is viewed in a Chapter 7 bankruptcy.

Chapter 13 bankruptcy & Small Business Owners

Written by Attorney Amelia Niemi. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Owning your own business has a lot of benefits. You’re the boss and you get to make the rules. On the downside, you take on a lot of risk, and you’re responsible for managing the books. This is doubly so when it comes to your bankruptcy filing. Read on to learn what you should know about business bankruptcy and Chapter 13.

What Happens to the Automatic Stay if My Bankruptcy Case Is Dismissed?

Written by Curtis Lee, JD. Legally reviewed by Jonathan Petts
Updated January 30, 2025

If your bankruptcy case gets dismissed, your debts won’t be discharged and the automatic stay goes away. Without the protection of the automatic stay, debt collectors and creditors can resume collection activities. If your case is dismissed, you can file a new case or file a motion to reinstate your previous case. If this happens, there may be limits to the automatic stay.

What Happens to the Automatic Stay if My Bankruptcy Case Is Dismissed?

Written by Curtis Lee, JD. Legally reviewed by Jonathan Petts
Updated January 30, 2025

If your bankruptcy case gets dismissed, your debts won’t be discharged and the automatic stay goes away. Without the protection of the automatic stay, debt collectors and creditors can resume collection activities. If your case is dismissed, you can file a new case or file a motion to reinstate your previous case. If this happens, there may be limits to the automatic stay.

Can I Reaffirm My Mortgage in a Chapter 7 Bankruptcy?

Written by Attorney Serena Siew. Legally reviewed by Jonathan Petts
Updated January 30, 2025

The reaffirmation of mortgage debts is possible in Chapter 7 bankruptcy but it's not necessary. Learn what a reaffirmation agreement is how it affects your home mortgage.

Debt Settlement Basics: What You Need to Know

Written by Mark P. Cussen, CMFC. Legally reviewed by Jonathan Petts
Updated January 30, 2025

In most cases, debt settlement should only be considered as a last resort or at least the last possibility before declaring bankruptcy. This article explains what debt settlement is and will help you decide when you’d want to do it yourself and when it may make more sense to hire a professional to do it for you.

How To Deal With Creditors That Contact You After You File Bankruptcy

Written by Curtis Lee, JD. Legally reviewed by Jonathan Petts
Updated January 30, 2025

If a debt collector contacts you after you've filed your bankruptcy case, you'll first want to make sure they know about your case. If it's been less than two weeks since you filed, they may not have been informed yet. If they weren't aware, let them know. If they indicate they know you filed bankruptcy but they refuse to stop trying to collect the debt, you can notify the bankruptcy court or speak with an attorney. Creditors aren't allowed to contact you after you file your case because of the automatic stay.

How To Deal With Creditors That Contact You After You File Bankruptcy

Written by Curtis Lee, JD. Legally reviewed by Jonathan Petts
Updated January 30, 2025

If a debt collector contacts you after you've filed your bankruptcy case, you'll first want to make sure they know about your case. If it's been less than two weeks since you filed, they may not have been informed yet. If they weren't aware, let them know. If they indicate they know you filed bankruptcy but they refuse to stop trying to collect the debt, you can notify the bankruptcy court or speak with an attorney. Creditors aren't allowed to contact you after you file your case because of the automatic stay.

6 Tips To Prepare for Small Claims Court

Written by Attorney Eric Hansen. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Small claims court is a judicial setting designed to handle simple legal disputes that are under a specific dollar amount. This amount varies by state. Small claims courts handle civil matters. They don’t hear criminal, immigration, constitutional, child protection, workers’ compensation, appeals, federal, or probate cases. Here are 6 tips to succeed with your small claims case: 1. Learn about the court processes 2. Prepare your case 3. Prepare your witnesses 4. Practice presenting your case 5. Show the court due respect 6. Be prepared to follow up after the court's judgment

How Does Filing Bankruptcy Affect My Suspended Driver’s License?

Written by Attorney Alexander Hernandez. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Filing for bankruptcy can be helpful when you can’t afford to pay back your debts and you need a fresh start. However, bankruptcy can also be a useful tool to help you get your driver’s license reinstated. In this article, you will learn about the different situations which may result in having your driver’s license suspended and how bankruptcy can help get your driver’s license back.

What Are the Chapter 7 Bankruptcy Rules?

Written by Attorney Andrea Wimmer. Legally reviewed by Jonathan Petts
Updated January 30, 2025

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

What Are the Chapter 7 Bankruptcy Rules?

Written by Attorney Andrea Wimmer. Legally reviewed by Jonathan Petts
Updated January 30, 2025

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

How To Win Against Halsted Financial Services

Written by the Upsolve Team. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Dealing with debt collectors like Halsted Financial Services requires assertiveness and action. You can effectively defend yourself by understanding your rights, validating the debt, negotiating a settlement, or seeking legal assistance if necessary. You have options when facing debt collection by Halsted Financial Services, and with the right approach, you can navigate this challenging situation successfully. Continue reading to learn how you can take action to help you win by asserting your consumer rights.

What if I Have a Car Accident During My Chapter 7 Bankruptcy Case?

Written by Attorney Paige Hooper. Legally reviewed by Jonathan Petts
Updated January 30, 2025

The average Chapter 7 bankruptcy only takes a few months before you get a fresh start. But even in that time, the unforeseeable can sometimes happen — such as a car accident. If you’re in a car accident, you could end up receiving money, or you could have a claim against another party. On the other hand, you could end up owing money or having claims filed against you. Either scenario could affect an ongoing Chapter 7 bankruptcy. This article discusses each of those potential situations, the possible consequences for your Chapter 7 case, and your options for making the most of your bankruptcy in either scenario.

How To Deal With FBCS

Written by the Upsolve Team. Legally reviewed by Jonathan Petts
Updated January 30, 2025

FBCS is a debt collection agency that works for clients in various consumer and commercial industries. FBCS uses multiple collection methods, including phone calls and letters. No matter how FBCS contacts you, the first thing you should do is validate the debt. This guide explains how to verify a debt and goes over the options of disputing the debt and negotiating a debt settlement.

What happens if your debt goes to a collections company?

Written by Attorney Amelia Niemi. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Most of us have a pile of “to-dos” that never seem to be done. For many people, this includes a stack of bills and debts that just keep getting higher. As much as you’d love to pay off that medical debt, there’s never quite enough to go around on payday. Having this debt hang over your head can be really stressful. A lot of people sit up at night, worrying about what will happen next to their debt. Read more to find out what debt collectors can – and can’t – do, how they might legally be able to claim that money, and how this might affect your credit history.

What Are the Federal Nonbankruptcy Exemptions?

Written by Attorney Eva Bacevice. Legally reviewed by Jonathan Petts
Updated January 30, 2025

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.

What Are the Minnesota Bankruptcy Exemptions?

Written by Attorney Karra Kingston. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Exemptions are used to protect your property and assets as you go trhough bankruptcy. You can choose from two sets of exemptions when you file Chapter 7 bankruptcy in Minnesota — federal bankruptcy exemptions and Minnesota bankruptcy exemptions. If you choose to use Minnesota’s bankruptcy exemptions, you may also use the federal nonbankruptcy exemptions to protect retirement accounts and disability benefits.

Why Is the Trustee Asking Creditors To File a Proof of Claim?

Written by Curtis Lee, JD. Legally reviewed by Jonathan Petts
Updated January 30, 2025

If your bankruptcy trustee is asking your creditors to file a proof of claim, it’s likely because the trustee discovered non-exempt assets in your case. Most Chapter 7 bankruptcy cases are no-asset cases. But if you have non-exempt property or assets, the trustee can liquidate or sell them. The funds from the sale are then used to repay your creditors at least part of what you owe. If a creditor wants to recover money through the liquidation process, they have to file paperwork called a proof of claim.

How Much Money Can Be Garnished From My Paycheck?

Written by Lawyer John Coble. Legally reviewed by Jonathan Petts
Updated January 30, 2025

This article will discuss the basics of wage garnishments, how wage garnishments are calculated, what income is exempt from garnishment, and how to stop a garnishment. Once you understand your options, you’ll be empowered to use whatever options apply best to your situation.

Why can’t I login to my account to pay my car loan anymore?

Written by Attorney Andrea Wimmer. Legally reviewed by Jonathan Petts
Updated January 30, 2025

After a bankruptcy filing, some creditors block you from logging in to your account. This becomes a problem if you want to keep your car and need to make your payment. Unfortunately, there isn’t much consistency among lenders on when and why they do it. They say it’s because they don’t want to violate the automatic stay. Unfortunately, what it really does is make it much harder for the filer to make their payment. 

Payday Loans and Bankruptcy

Written by Attorney Jenni Klock Morel. Legally reviewed by Jonathan Petts
Updated January 30, 2025

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.

Can a Bank Change the Locks Before a Foreclosure Is Complete?

Written by Attorney Todd Carney. Legally reviewed by Jonathan Petts
Updated January 30, 2025

If you’re facing foreclosure, it’s important to know your rights as a borrower. This article will take you through when mortgage companies can and can’t change the locks and what options you may have to avoid foreclosure altogether.

Unemployed and Struggling with Student Loan Debt? Here's What You Can Do

Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025

If you’re unemployed and you have student loan debt, it might feel or be impossible to make your student loan payments. Missing payments can cause serious consequences, but you have options. If you lose your job, be proactive in managing your student loan repayment. You can request deferment and forbearance, which puts a temporary pause on loan payments. You can also apply for an income-driven repayment plan, which may reduce your monthly payment to as low as $0.

What Is the Automatic Stay? How Does It Help?

Written by Attorney Jenni Klock Morel. Legally reviewed by Jonathan Petts
Updated January 30, 2025

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.

How Do I Add a Creditor After I've Filed My Forms?

Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025

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.

3 Things to Know About Acceleration Clauses

Written by Attorney Tori Bramble. Legally reviewed by Jonathan Petts
Updated January 30, 2025

An acceleration clause means that if you break any terms of your mortgage contract, your lender can fast forward your mortgage payments and require you to pay your mortgage in full, all at once. In other words, the acceleration clause lets the bank demand the full balance due (plus late payments, interest payments, etc.) if you miss a certain number of mortgage payments. Here’s what real estate buyers and owners should know about a mortgage acceleration clause, including what starts it and how to avoid this scary situation from happening.

What is Chapter 7 bankruptcy?

Written by Attorney Andrea Wimmer. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Chapter 7 bankruptcy is a type of bankruptcy case that can be filed by individuals, married couples, and businesses. It’s the most common type of bankruptcy and provides the fastest form of debt relief. Continue reading to learn more about how Chapter 7 bankruptcy works and what everyone filing a Chapter 7 bankruptcy should know.

Completing Debtor Education After Filing Chapter 13

Written by Attorney Karra Kingston. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Everyone seeking Chapter 13 bankruptcy relief has to complete a mandatory credit counseling class before their case can be filed with the bankruptcy court. This has to be done in the 6 months before the case is filed. But what about the second required course? What is that all about and when is the best time to take it? Keep reading to find out.

Can filing bankruptcy stop a debt collection lawsuit against me?

Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025

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.

What Bills Should I Keep Paying After Filing Bankruptcy?

Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025

One of the biggest benefits of filing bankruptcy is the automatic stay that goes into effect as soon as the case is filed. It means that your creditors (those you owe a debt) are not allowed to keep asking you for money. But, just because you don’t have to pay your debts after filing bankruptcy, you’ll still have some expenses to pay going forward. This article will explore what kind of bills a person filing Chapter 7 bankruptcy has to pay even after their case is filed.

Judgment Debtor Exam — When A Judgment Creditor Asks You Questions

Written by Attorney Paige Hooper. Legally reviewed by Jonathan Petts
Updated January 30, 2025

When a person or company wins a lawsuit against you, the court enters an order called a judgment. The judgment states the amount of money you owe the other party, including interest and costs. A judgment debtor examination, or debtor's exam, is a chance for the creditor to gather the necessary information to pursue one or more collection methods. This article discusses what information is covered in a judgment debtor exam, how the creditor can use that information to collect the debt from you, and what rights and protections you have.

How much of my income can be garnished?

Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025

If a creditor is garnishing your wages for a judgment they have against you, then federal law says that the creditor can take no more than 25% of your disposable income, or the amount you earn that is greater than 30 times the federal minimum wage, whichever is less. 

How much of my income can be garnished?

Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025

If a creditor is garnishing your wages for a judgment they have against you, then federal law says that the creditor can take no more than 25% of your disposable income, or the amount you earn that is greater than 30 times the federal minimum wage, whichever is less. 

How To Win Against Pressler, Felt & Warshaw LLP

Written by the Upsolve Team. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Pressler, Felt & Warshaw LLP will contact you when they’re trying to collect a debt or inform you that they’ve sued you to collect a debt. If Pressler hasn’t sued you yet, you can fight back by making them validate the debt. If the debt is valid, you can try to settle it for less than what you owe. If you’ve been sued, respond to the lawsuit even if you’re trying to negotiate a settlement. Keep reading to find out how.

What Are The Penalties For Bankruptcy Fraud?

Written by Attorney Alexander Hernandez. Legally reviewed by Jonathan Petts
Updated January 30, 2025

When filing for bankruptcy, you must list all your assets and liabilities. Failure to do so could result in violations of bankruptcy laws and serious consequences, whether it’s civil or criminal fraud.

How To Answer a South Carolina Debt Collection Court Summons

Written by Attorney Tina Tran. Legally reviewed by Jonathan Petts
Updated January 30, 2025

If you’re sued for a debt in South Carolina, the most important thing you can do is respond! Here are the basic steps: 1. Fill out an answer form. 2. Note your defenses. 3. File your forms with the court within 30 days of receiving the summons. 4. Deliver a copy of your answer form to the person suing you.

Chapter 13 and Divorce

Written by Attorney Paige Hooper. Legally reviewed by Jonathan Petts
Updated January 30, 2025

People who have secured debts like a mortgage or car loan can file Chapter 13 to catch up on past payments and keep their property. If you’re getting divorced and you plan to file Chapter 13, you’ll want to consider the timing of your bankruptcy filing. Many people find that it's best to file Chapter 13 after their divorce is final. This article explains the pros and cons of filing before, during, or after a divorce.

Do Mortgage Companies Have To Wait 120 Days To Foreclose?

Written by Lawyer John Coble. Legally reviewed by Jonathan Petts
Updated January 30, 2025

As a general rule, your mortgage company can't foreclose unless you’re more than 120 days delinquent on payments for your principal residence. This article will cover the 120-day rule, when it doesn't apply, and certain actions the servicer must take during the 120 days. Finally, the article will look at some temporary COVID-related regulations that can extend the no-foreclosure period longer than 120 days.

Can I file Chapter 13 without my spouse?

Written by Attorney Jenni Klock Morel. Legally reviewed by Jonathan Petts
Updated January 30, 2025

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.

What is Unsecured Debt?

Written by Attorney Andrea Wimmer. Legally reviewed by Jonathan Petts
Updated January 30, 2025

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

What is Unsecured Debt?

Written by Attorney Andrea Wimmer. Legally reviewed by Jonathan Petts
Updated January 30, 2025

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

Car Co-Owner vs. Co-Signer: What’s the difference?

Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025

A co-signer on a car loan is obligated to pay the loan if the other person defaults on their payment obligation while a co-owner of a car has an ownership interest in the vehicle itself. This article explains how to properly disclose these relationships in your bankruptcy forms.

Salvage Title Cars: Everything You Need To Know

Written by Mark P. Cussen, CMFC. Legally reviewed by Jonathan Petts
Updated January 30, 2025

A salvage title car comes with its own set of risks and limitations. But if you know the car’s history and the person who is selling it to you, a salvage title car may be a good deal in some cases. This article will discuss the pros and cons of buying a car with a salvage title, how to identify, finance, and insure a car with a salvage title, and what steps you can take to get a rebuilt title issued for your car.

Can Bankruptcy Stop Eviction?

Written by Curtis Lee, JD. Legally reviewed by Jonathan Petts
Updated January 30, 2025

An automatic stay goes into effect as soon as you file bankruptcy. This temporarily stops all debt collection activity, including eviction actions, as long as the landlord hasn’t already received a judgment in their favor. The automatic stay isn’t a permanent solution, though. It’s only a temporary measure that may buy you some time to deal with the eviction or find other housing.

How To Vacate a Default Judgment in New York: An Overview

Written by Curtis Lee, JD. Legally reviewed by Jonathan Petts
Updated January 30, 2025

If you get sued and you don’t respond to the lawsuit’s complaint and summons, the court can enter a default judgment. But you can have this judgment vacated or removed. To do so, you need to have a reasonable excuse for not appearing in court and a defense to the allegations against you. You also have grounds to vacate if the person suing you didn’t properly serve the required documents. You can speed up the process by using an Order to Show Cause form.

What Can Go Wrong at the Meeting of Creditors?

Written by Attorney Jenni Klock Morel. Legally reviewed by Jonathan Petts
Updated January 30, 2025

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.

How To Win Against Aldous & Associates

Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025

Aldous & Associates is a third-party debt collector that collects consumer debts for telecommunication companies, property management firms, and health and fitness clubs. If they contact you, they are likely looking to settle a debt. Before you pay anything, it’s best to validate the debt. If the debt is legitimate but you can’t afford to pay it in full, you can try to negotiate the amount down. If Aldous & Associates sues you for unpaid debt, file an answer form as soon as possible to avoid wage garnishment or other serious consequences.

How To Respond to a Missouri Debt Collection Court Summons

Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025

If you get a summons and petition informing you that you’ve been sued for a debt in Missouri, you need to respond by following the court instructions on the summons form. This often means: 1. Drafting an answer form. 2. Addressing each of the debt collector’s claims against you. 3. Listing your defenses and affirmative defenses. 4. Filing your answer form with the court and serving a copy on the person suing you. You have 30 days to respond to a debt collection lawsuit in Missouri, but if your hearing date is before 30 days from the date on the summons, you might need to respond before your hearing date.

Do I Need To Include My Spouse’s Income and Expenses on My Bankruptcy Forms?

Written by Attorney Paige Hooper. Legally reviewed by Jonathan Petts
Updated January 30, 2025

If you and your spouse are filing a joint bankruptcy, you have to include their income and expenses on all of the required bankruptcy forms. If you and your spouse live together, but your spouse isn’t filing bankruptcy with you, you still need to include their income and expenses on Schedules I and J and your Statement of Current Monthly Income.

4 Facts About Child Support and Garnishment

Written by Lawyer John Coble. Legally reviewed by Jonathan Petts
Updated January 30, 2025

If you’ve been ordered to pay child support, you probably have a lot of questions. How did the court determine that you should pay this amount? What happens if you fall behind on payments? Could you go to jail or lose your license for not paying child support? What can you do if you can’t afford to make the payments you’ve been ordered to make? All these questions and more are covered in this article.

What Are the New York Bankruptcy Exemptions?

Written by Attorney Karra Kingston. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Bankruptcy exemptions are laws that allow people filing for bankruptcy to retain their essential belongings, instead of losing everything to pay off debts. These laws vary from state to state. If you have lived in New York for at least two years and you file for Chapter 7 bankruptcy, you will use the state's exemptions to protect your personal property, like your car, from being seized. The homestead exemption in New York varies based on where your residence is located. The motor vehicle exemption is $4,825 (or $11,975 if your car is equipped for a disabled person). New York also has a $1,100 wildcard exemption.

How To Answer an Alabama Debt Collection Court Summons

Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025

Answering a debt lawsuit is easier than you might think! You simply need to fill out an official court answer form, tell the court why you disagree with the lawsuit, and file the paperwork with the court. Then, you have to send a copy of your answer form to the person suing you. Finally, wait to get notice from the court about next steps. If you contest the lawsuit, the court will schedule a hearing date to hear both sides of the story.

Filing Bankruptcy After a Car Accident

Written by Attorney Kassandra Kuehl. Legally reviewed by Jonathan Petts
Updated January 30, 2025

This guide will introduce you to the process of filing bankruptcy in the wake of a car accident so that you can make an informed decision about your legal and financial options at this time.

4 Ways To Get "Currently Not Collectible" Status From The IRS

Written by Lawyer John Coble. Legally reviewed by Jonathan Petts
Updated January 30, 2025

If you're granted IRS currently not collectible status, the IRS will no longer try to collect taxes from you via bank account levies, wage garnishments, or seizures of your other property. If you can't afford to pay anything toward your IRS tax debt, you'll need to request CNC status. Otherwise, you could see your paycheck garnished or have funds in your bank account taken from you due to a bank account levy.

Is It Legal To File a Second Bankruptcy Case?

Written by Attorney Jenni Klock Morel. Legally reviewed by Jonathan Petts
Updated January 30, 2025

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.

Tips for Choosing a Bankruptcy Attorney

Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025

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!

How to File Bankruptcy After a Divorce

Written by Attorney Paige Hooper. Legally reviewed by Jonathan Petts
Updated January 30, 2025

If you’re filing bankruptcy after a divorce, your divorce can impact your assets, debts, income, and expenses. You’ll need to understand which parts of your divorce decree affect your bankruptcy and how to include that information correctly in your bankruptcy forms. You’ll need to send your divorce decree to your bankruptcy trustee. This article covers how to file bankruptcy after divorce more in depth.

My Home Is Being Foreclosed – Now What?

Written by Curtis Lee, JD. Legally reviewed by Jonathan Petts
Updated January 30, 2025

A foreclosure is the process by which a lender takes possession of a borrower’s property after it becomes clear that the borrower will no longer be able to pay their debt. It’s often referred to as losing your home to foreclosure.

Can You Sell a Car That Has a Lien on the Title?

Written by Lawyer John Coble. Legally reviewed by Jonathan Petts
Updated January 30, 2025

If you want to sell a car that has a lien on the title, you’ll need to take a few extra steps. If you trade your car in with a dealer, they’ll handle the process. If you sell to a private party, you’ll need to handle getting the lien released. You can do this at the lender’s office or hire an escrow company to help. If you have negative equity in the car, you’ll need to be able to pay it off to get the lien released.

Lis Pendens Foreclosure: When Is It Used & How Does It Work?

Written by Attorney William A. McCarthy. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Lis pendens is a notice lenders use when they initiate a foreclosure sale. It puts the public on notice that a lawsuit is pending and clouds the title so the property can’t easily be sold. Lenders commonly record a lis pendens when they file a foreclosure lawsuit. You'll need to know how to respond to this notice to save your home from foreclosure.

What Does It Mean To Be Judgment Proof?

Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025

Being judgment proof means that you do not have anything for a creditor to collect if they sue you and win. As you can imagine, this means that they are not likely to sue you. It does not mean that they can't sue you, just that they probably won't be able to collect if they do decide to take you to court.

How IRS Wage Garnishments Work

Written by Lawyer John Coble. Legally reviewed by Jonathan Petts
Updated January 30, 2025

If you owe back taxes and haven’t made a plan with the IRS to pay them, the IRS can levy your wages or bank account or record a lien against your property. This means the IRS can take money directly from your paycheck or bank account. You can stop a levy by setting up a payment plan with the IRS. If the tax debt meets certain requirements, you can also discharge it in Chapter 7 bankruptcy.

I am planning to get married soon after I file. Will my bankruptcy affect my spouse?

Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025

Usually your individual bankruptcy will not affect your new spouse. If you are filing for a Chapter 7, is can be helpful to wait until after you receive your discharge to get married just in case.

How To Win Against Central Portfolio Control

Written by the Upsolve Team. Legally reviewed by Jonathan Petts
Updated January 30, 2025

If Central Portfolio Control contacts you, they probably bought a debt they believe you owe. Before paying anything, you need to validate the debt to confirm that it’s legitimate. If it is, figure out how much you can pay and begin debt settlement negotiations. If Central Portfolio Control is suing you for unpaid debt, you need to respond — even if you’re in the middle of settling the debt — and follow court procedures.

Can I sell my car during bankruptcy?

Written by Attorney Alexander Hernandez. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Probably the most often asked question when it comes to filing for bankruptcy is if you can keep your car. While the answer to that question depends on several factors, sometimes the issue is the complete opposite and the question is whether you can sell your car during bankruptcy. Continue reading to learn what to expect if you’re considering selling your car during a Chapter 7 or Chapter 13 bankruptcy.

Best Do It Yourself Chapter 7 Bankruptcy Software

Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025

Bankruptcy doesn't have to be expensive or confusing. You can use do-it-yourself Chapter 7 bankruptcy software online. Check out Upsolve to get started with our free bankruptcy process.

What Is a Bankruptcy Trustee?

Written by Attorney Andrea Wimmer. Legally reviewed by Jonathan Petts
Updated January 30, 2025

The bankruptcy trustee doesn’t represent the filer and they don’t represent any specific creditor. They review the filer's forms and conduct the creditors' meeting.

How To Answer an Oklahoma Debt Collection Court Summons

Written by Attorney Tina Tran. Legally reviewed by Jonathan Petts
Updated January 30, 2025

If you’re sued for a debt in Oklahoma, the most important thing you can do is respond and take action. Your debt collection lawsuit will be heard in either a small claims court or district court. If your case is in district court, you need to fill out and file a written answer within 20 days of receiving your summons and complaint. If your case is in small claims court, you may not be able to file an answer form (depending on the court), but you must show up to your hearing with your prepared response and defenses.

How To Redeem Your Car in Bankruptcy

Written by Attorney Paige Hooper. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Redeeming your car debt in bankruptcy can make sense if the car is worth much less than the amount you owe on your car loan. Redemption allows you to pay the lender the value of the car, rather than the larger amount you owe. This article covers how redemption works, what’s required to redeem your car, the pros and cons of redemption, and the procedure for redeeming a car in bankruptcy.  

How To Redeem Your Car in Bankruptcy

Written by Attorney Paige Hooper. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Redeeming your car debt in bankruptcy can make sense if the car is worth much less than the amount you owe on your car loan. Redemption allows you to pay the lender the value of the car, rather than the larger amount you owe. This article covers how redemption works, what’s required to redeem your car, the pros and cons of redemption, and the procedure for redeeming a car in bankruptcy.  

How To Deal With Pressler, Felt & Warshaw LLP

Written by the Upsolve Team. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Pressler, Felt & Warshaw LLP is a debt collection law firm that represents creditors, debt collectors, and debt buyers. Pressler mostly collects consumer debts, like past-due credit card debt. They may initially contact you to collect a debt or to notify you that they filed a lawsuit against you. If Pressler, Felt & Warshaw reaches out to you, the first thing you should do is validate the debt. This guide explains how to do this and discusses your other options, such as disputing the debt or negotiating a debt settlement.

How To Win Against United Collection Bureau

Written by the Upsolve Team. Legally reviewed by Jonathan Petts
Updated January 30, 2025

United Collection Bureau (UCB) is a debt collection agency. If UCB is reaching out to you, you may owe a debt that belongs to them. After confirming you owe the debt, you can negotiate a debt settlement for less than what you owe overall. If UCB files a lawsuit against you, respond immediately by filing an answer form and following all court procedures.

Taking Over the Seller’s Mortgage With a Loan Assumption

Written by Chiara King. Legally reviewed by Jonathan Petts
Updated January 30, 2025

You may be able to get a lower interest rate and a smaller mortgage with a loan assumption, but you may be required to pay a higher downpayment. An assumable mortgage can be helpful to a seller when interest rates are high, but assumable loans tend to lose their appeal when rates are low.

Using the National Student Loan Data System (NSLDS) To Get Your Federal Student Loan Information

Written by Attorney Andrea Wimmer. Legally reviewed by Jonathan Petts
Updated January 30, 2025

You can find all of the info you need to know for your federal student loans in the National Student Loan Data System. This central database contains all of the information you will need to understand your federal student loans including: your loan balance, due dates, eligibility for new loans, and more. If you need to download an NSLDS report, log in to your account on studentaid.gov using your FSA ID and password. Once you're in your account, hover over your name on the top right of the screen and select "My Aid." From there, you can select "Download My Aid Data." Your data will be downloaded as a .txt file.

8 Tips To Help You Rent After Foreclosure

Written by Mark P. Cussen, CMFC. Legally reviewed by Jonathan Petts
Updated January 30, 2025

If you’ve recently experienced foreclosure and are facing eviction, you’re probably preoccupied with finding a new place to live. In most cases, you will have to rent your new place instead of buying it. But many rental applications include a credit check, which can be worrisome if you have a foreclosure on your credit report. Foreclosures damage your credit score, so you may find many landlords have concerns about taking you on as a new tenant. But it won’t be impossible to find a rental. Here are eight tips to help you find a place to rent after your foreclosure has been settled.

Subsidized vs. Unsubsidized Student Loans: What’s the Difference?

Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025

There are two broad categories of federal student loans: subsidized and unsubsidized. Subsidized student loans are granted based on financial need. The main advantage of subsidized loans is that they don’t accrue interest while you’re in school or if you get approved for deferment after entering repayment. These loans are called subsidized because the federal government pays some of the interest on the loans. Unsubsidized loans aren’t based on financial need and do accrue interest while you’re in school or in a period of deferment or forbearance after you enter repayment. Because interest is treated differently on unsubsidized loans, they often end up costing more over the long run than subsidized loans. This is why many student loan experts recommend maxing out any subsidized loans you’re offered before getting unsubsidized loans.

Mortgage Grace Period: What It Means For You

Written by Attorney Cody J. Harding. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Though your mortgage is tied to an exact monthly payment date, all mortgages provide some flexibility. Most mortgages are due on the 1st of the month. But you can usually make your home loan payment by the 15th of the month without incurring any fees, or being subjected to negative reporting on your credit history. This flexibility is called a grace period. Below, we explain grace periods in more detail and reflect on why they should matter to you.

What Is a Reaffirmation Agreement and How Do You Use One?

Written by Attorney Jenni Klock Morel. Legally reviewed by Jonathan Petts
Updated January 30, 2025

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.

5 Mortgage Assistance Programs Every Veteran Should Know About

Written by Attorney Aan Malahia Chaudhry. Legally reviewed by Jonathan Petts
Updated January 30, 2025

If you are a US military service member, a veteran, or a surviving spouse you may have access to special mortgage assistance programs and grants that can be helpful in buying, refinancing, and modifying a personal home loan. These homeownership programs exist at both the federal and state level. Additionally, the Department of Veterans Affairs provides assistance and counseling if you have difficulty making mortgage payments. This article gives a brief overview of five mortgage assistance programs every veteran should know about.

Can I Discharge Tickets, Fines, and Tolls in Bankruptcy?

Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025

It's not easy to discharge most tickets and government fines in bankruptcy. Though it depends on what the tickets or fine was assessed for, many tickets and fines are non-dischargeable debts. That means you have to repay them even if your bankruptcy case is successful in discharging other debts like credit card or medical bills. That said, filing Chapter 13 bankruptcy can be a good way to manage non-dischargeable fines and fees. It can also help you get your driver’s license reinstated if it’s been suspended due to unpaid fines.

How To Deal With Revco Solutions

Written by the Upsolve Team. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Revco Solutions is a consumer debt collector and primarily collects past-due medical bills for its clients. In some cases, they also collect other types of consumer debt. If Revco Solutions contacts you, ask them to validate the debt before you do anything else. If they prove the debt is valid, you can decide how to proceed. You can dispute the debt, pay it in full, or negotiate the amount down.

Your Guide to Pennsylvania Debt Collection Laws

Written by Attorney Tina Tran. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Pennsylvania has two state debt collection laws: the Pennsylvania Fair Credit Extension Uniformity Act (FCEUA) and the Pennsylvania Unfair Trade Practices and Consumer Protection Law (UTPCPL). Combined, these two laws provide important protections for state residents against both original creditors and third-party debt collectors. Pennsylvanians get further protections from the federal Fair Debt Collection Practices Act (FDCPA) offered to all states. The statute of limitations for all debt contracts (including credit cards and medical bills) in Pennsylvania is four years.

Should I Seek Legal Advice From a Small Claims Attorney?

Written by Attorney Eric Hansen. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Many people represent themselves successfully because small claims courts are more accessible and simpler by design. The court proceedings are meant to be a reasonably fast and relatively inexpensive way to resolve disputes.

What to do if your income increases after filing Chapter 7 bankruptcy

Written by Attorney Andrea Wimmer. Legally reviewed by Jonathan Petts
Updated January 30, 2025

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

How To Find a Bankruptcy Attorney Near Me

Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025

Tips for finding a bankruptcy attorney.

How To Deal With Frost-Arnett Company

Written by Attorney Tina Tran. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Frost-Arnett Company is a debt collection agency that collects medical debts for healthcare companies. If Frost-Arnett contacts you, the first thing you’ll want to do is validate the debt and confirm it is really yours. Once you do confirm that the debt is yours, you can choose how you’d like to deal with Frost-Arnett. The main options you have are disputing the debt (if the information is incorrect or you disagree with the debt amount) or negotiating a settlement, so you only pay off a portion of your overall amount owed.

How Long After Filing Bankruptcy Can I Buy a House?

Written by Lawyer John Coble. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Many people are concerned that filing bankruptcy will prevent them from buying a house in the future. The truth is, filing bankruptcy doesn’t prevent you from buying a house.

What Is Secured Debt?

Written by Attorney Andrea Wimmer. Legally reviewed by Jonathan Petts
Updated January 30, 2025

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

What Is Secured Debt?

Written by Attorney Andrea Wimmer. Legally reviewed by Jonathan Petts
Updated January 30, 2025

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

How To Win Against Resurgent Capital Services

Written by the Upsolve Team. Legally reviewed by Jonathan Petts
Updated January 30, 2025

If Resurgent Capital Services is reaching out to you, they’re likely trying to collect a debt. Before taking action or paying anything, make sure the debt they’re claiming you owe is valid. If it is, and you can’t afford to pay it, you can negotiate a debt settlement to pay less than you owe and settle the account for good. If Resurgent Capital Services sues you, respond immediately by filing an answer form. Read this article to learn how to win against a debt collector like Resurgent Capital Services.

How To Beat CCS Offices

Written by Attorney Tina Tran. Legally reviewed by Jonathan Petts
Updated January 30, 2025

CCS Offices is a third-party debt collection agency. If they contact you, they’re probably trying to get you to pay on a collection account they purchased from one of your creditors. Make sure they validate the debt before you pay anything. If the debt is valid but you can’t afford to pay the full amount, try to negotiate a debt settlement. If CCS Offices sues you, you can still try to negotiate a settlement, but it’s important to respond to the lawsuit as well. You can respond by filling out an answer form from the court.

What To Do About Debt Collection After a Bankruptcy Discharge

Written by Attorney Paige Hooper. Legally reviewed by Jonathan Petts
Updated January 30, 2025

A bankruptcy discharge order is a court order that stops creditors from ever being able to collect on dischargeable debts. Despite this powerful court order, some collection agencies or creditors try to collect on discharged debts, which is illegal. If you’re contacted about a discharged debt, tell the debt collector you filed bankruptcy and the debt was discharged. If a debt collector sues or threatens to sue for a discharged debt, respond by letting them know about your discharge. You may even be able to counter sue for damages.

Your Guide to Arizona’s Debt Collection Laws

Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025

In Arizona, most debt collectors must follow regulations set out in state and federal law. These laws were designed to increase transparency and fairness in the debt collection process. Arizona state law mirrors the many protections set out in the federal Fair Debt Collection Practices Act (FDCPA), which prohibits third-party debt collectors from harassing or deceiving you. If debt collectors violate the law, you can report them and sometimes even sue them for damages. The statute of limitations for credit card debt in Arizona is three years. It’s six years for medical debt.

Understanding the Assignment of Mortgages: What You Need To Know

Written by Attorney Todd Carney. Legally reviewed by Jonathan Petts
Updated January 30, 2025

A mortgage is a legally binding agreement between a home buyer and a lender that dictates a borrower's ability to pay off a loan. Every mortgage has an interest rate, a term length, and specific fees attached to it.

My case was dismissed. When can I refile a new case or reopen my case?

Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025

As soon as a bankruptcy case is dismissed, the automatic stay ends and collections can resume. You can either reinstate your case or file a new bankruptcy one.

Going Without Homeowners Insurance: Is It Worth the Risk?

Written by Mark P. Cussen, CMFC. Legally reviewed by Jonathan Petts
Updated January 30, 2025

If you own a home, it’s probably the largest asset you have, which is why it’s a good idea to insure it. Homeowners insurance protects your home and the belongings inside it from loss or destruction. It can also provide financial protection if someone is injured on your property. If you have a mortgage, most lenders will require you to carry at least a certain amount of insurance on your home. While homeowners insurance can be costly, not having it puts you at great financial risk. This article will explain why.

Trustee's Report of No Distribution & What It Means For Your Case

Written by Attorney Andrea Wimmer. Legally reviewed by Jonathan Petts
Updated January 30, 2025

The Trustee's Report of No Distribution, or NDR, lets the court and all interested parties know that no money will be paid to creditors.

Can I Keep Money I Receive From a Lawsuit When I File Bankruptcy?

Written by Curtis Lee, JD. Legally reviewed by Jonathan Petts
Updated January 30, 2025

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

Do You Have to Go To Court to File Bankruptcy?

Written by Attorney Jenni Klock Morel. Legally reviewed by Jonathan Petts
Updated January 30, 2025

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.

Do You Have to Go To Court to File Bankruptcy?

Written by Attorney Jenni Klock Morel. Legally reviewed by Jonathan Petts
Updated January 30, 2025

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.

14 Resources Debt Collectors Can Use To Find You

Written by Attorney Eric Hansen. Legally reviewed by Jonathan Petts
Updated January 30, 2025

In the Digital Age, it isn't usually very hard for debt collectors to track down the whereabouts of borrowers who have fallen behind on their debts. From DMV and utility company records to social media profiles and credit bureau feedback, debt collectors can almost always access information that helps them to contact borrowers whose debt payments are delinquent.

If I received a discharge, when can I refile?

Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025

If your bankruptcy was fully discharged, you can refile bankruptcy after a certain amount of time has passed. If you file before the time limit is up, you will not be entitled to have your debts discharged.

What Are the Pennsylvania Bankruptcy Exemptions?

Written by Attorney Karra Kingston. Legally reviewed by Jonathan Petts
Updated January 30, 2025

If you’ve lived in Pennsylvania for at least two years when you file your Chapter 7 bankruptcy case, you can choose between the state or federal bankruptcy exemptions. For many people, the federal bankruptcy exemptions are more advantageous than the state exemptions. That’s because Pennsylvania doesn’t have a homestead or motor vehicle exemption. The federal exemptions for these are $27,900 and $4,450, respectively. The Pennsylvania wildcard exemption is $300, while the federal wildcard is $1,475 plus $13,950 of any unused portion of your homestead exemption.

Can I Amend My Bankruptcy Forms After I File?

Written by Attorney Jenni Klock Morel. Legally reviewed by Jonathan Petts
Updated January 30, 2025

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.

New York State Wage Garnishment Laws: Your Complete Guide

Written by Curtis Lee, JD. Legally reviewed by Jonathan Petts
Updated January 30, 2025

Most creditors must get a court order to garnish your wages if you live in New York. Two exceptions are garnishments for public debts (like past-due taxes and family debts (like child support). The law limits how much of your weekly earnings a creditor can take through wage garnishment. These limits vary based on the minimum wage where you live and the type of debt you owe. Finally, an employer can’t fire you because you have a wage garnishment order against you.

Creditor Calling After You File Bankruptcy? Do This.

Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025

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.

What Happens to Your Tax Refund in Bankruptcy?

Written by Attorney Paige Hooper. Legally reviewed by Jonathan Petts
Updated January 30, 2025

In Chapter 7 bankruptcy, tax refunds for income earned before your bankruptcy filing date usually become part of your bankruptcy estate. If the funds aren’t protected by exemptions and you hold on to them, the trustee can use them to pay creditors. However, if you receive your refund and spend it on necessary expenses before filing, it won’t be included in your bankruptcy estate. In Chapter 13 bankruptcy, tax refunds distributed during your repayment plan are typically part of the estate and may go toward paying creditors. Protecting your refund depends on timing, exemptions, and how the funds are used.

New York State Pre- and Post-Judgment Interest Rates

Written by Curtis Lee, JD. Legally reviewed by Jonathan Petts
Updated January 30, 2025

If a creditor wins a court judgment against you, you’ll have to pay the money judgment amount plus any interest the court orders. Pre-judgment interest accrues on the debt owed before the court’s decision, while post-judgment interest accrues on the money judgment after it’s entered. In New York state, the interest accrual rate for debt collection cases is 2% annually.

What Happens to the Co-Signer of a Car Loan in Bankruptcy?

Written by Mae Koppes. Legally reviewed by Jonathan Petts
Updated January 30, 2025

When you file for bankruptcy, your co-signer stays legally responsible for the co-signed debt, even if your obligation to repay it is discharged. In Chapter 7 bankruptcy, the lender can still pursue your co-signer if the car is surrendered or the borrower defaults on the loan. Options like reaffirmation or redemption may reduce your co-signer’s risk if payments continue. In Chapter 13 bankruptcy, the co-debtor stay may temporarily stop the lender from going after your co-signer, but this protection is lost if payments aren’t made.

I Have a Judgment Against Me. What Happens Next?

Written by Attorney Tori Bramble. Legally reviewed by Jonathan Petts
Updated January 30, 2025

If a court judgment has been entered against you, it’s important to understand what this means and what to do next. A judgment gives creditors the ability to collect what you owe using tools like wage garnishment, bank levies, or property liens. Acting quickly can help you protect your income and property, as state exemption laws may allow you to shield certain assets. This article explains how judgments work, the collection methods creditors use, and how to minimize the impact on your finances.

Should I Pay the Debt Collector or the Original Creditor?

Written by Mae Koppes. Legally reviewed by Jonathan Petts
Updated January 30, 2025

If you’re able to do so, pay the original creditor before your debt goes to collections. Having a debt sent to collections will damage your credit score and may limit your options for repayment. In most cases, the original creditor will offer better repayment options than a debt collector will. However, if your debt has been sold to a debt buyer and the original creditor no longer owns it, you’ll need to pay the collection agency to clear up the debt.

Chapter 13 and Your Credit Report: What You Need to Know

Written by Attorney Karra Kingston. Legally reviewed by Jonathan Petts
Updated January 28, 2025

Bankruptcy provides relief to those who can’t afford to pay their debts as they come due. Oftentimes folks filing bankruptcy have fallen behind on their debt payments and their credit score has already taken the hit. But, that’s not always the case and this is especially true for folks filing Chapter 13 to reorganize their debt, rather than eliminate it completely through Chapter 7 bankruptcy. This article will explore the effect of Chapter 13 bankruptcy on your credit report and credit score.

How To Respond to a Pennsylvania Debt Collection Court Summons

Written by Attorney Tina Tran. Legally reviewed by Jonathan Petts
Updated January 28, 2025

In Pennsylvania, if a debt collection lawsuit has been filed against you, the first thing you need to do is file a Notice of Intention to Defend. You can do this by either calling your court or going in person. If you disagree with the claims against you, you can explain your defenses in your notice. Then, follow any instructions from the court you receive via court notices or ask the court clerk about next steps.

How To Deal With Penn Credit

Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 28, 2025

Penn Credit is a third-party debt agency that collects on past-due bills from hospitals, governments, toll road operators, and utility companies. If Penn Credit contacts you to collect a debt, validate the debt before you pay anything. If the debt isn’t yours or the amount is incorrect, dispute it. If the debt is yours but you are unable to pay it, consider negotiating a settlement.

How To Deal With MBA Law

Written by the Upsolve Team. Legally reviewed by Jonathan Petts
Updated January 28, 2025

MBA Law is a debt collection business that focuses on collecting medical debt. They usually start the process by mailing letters or notices to individuals with unpaid medical bills. If you receive a letter from MBA Law, validate the debt before you do anything else. If the debt is valid, you can then decide to pay it, contest it, negotiate a debt settlement, or ignore it (not recommended). Read on to learn more about these options and what they mean for your finances.

Can Bankruptcy Help Me Get My Car Back After Repossession?

Written by the Upsolve Team. Legally reviewed by Jonathan Petts
Updated January 28, 2025

If your car was repossessed, filing bankruptcy may help you get it back, but you need to act fast. If the lender has already sold your vehicle at auction, you won't be able to get it back. Even if you can use bankruptcy to help you get your car back, you'll want to carefully weigh your options. If you can't afford to keep making your monthly car payment, it may not make sense to file bankruptcy just to get your car back because you can end up in the same situation again.

How Does Bankruptcy Affect a Car Lease?

Written by Attorney Paige Hooper. Legally reviewed by Jonathan Petts
Updated January 28, 2025

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

How the Fair Debt Collection Practices Act Protects You

Written by Attorney Alexander Hernandez. Legally reviewed by Jonathan Petts
Updated January 28, 2025

The Fair Debt Collection Practices Act (FDCPA) is a federal law that protects consumers from third-party debt collectors and collection agencies. The FDCPA's main purpose is to protect consumers from abusive and deceptive practices used by debt collectors. The federal law sets limits when and how collectors can contact you, prohibits harassment and false representations, and gives consumers the right to dispute debts. If debt collectors violate of the FDCPA, you can take legal action or report them to various federal agencies.

How Different Types of Liens Are Affected by Foreclosure

Written by Chiara King. Legally reviewed by Jonathan Petts
Updated January 28, 2025

Liens secure debt by allowing the lienholder to take and sell your property if you don’t repay your debt. Lienholders can recover what they're owed by foreclosing on your property and selling it. Foreclosure sale proceeds are generally applied to liens in the order they appear in the public record, which means that lower priority lienholders may not get paid at all from a sale.

What Can I Take From My Foreclosed Home?

Written by Natasha Wiebusch, J.D.. Legally reviewed by Jonathan Petts
Updated January 28, 2025

During the process of foreclosure, you do have legal rights to certain items, but it’s important to know what you can’t legally take when you leave your residence. The general rule is that you can take all of your personal belongings from the home, but you can’t take any fixtures. Beyond that, what you can take and what’s considered a fixture depends on your state’s foreclosure law.

Is Life Insurance Protected in Bankruptcy?

Written by Attorney Paige Hooper. Legally reviewed by Jonathan Petts
Updated January 28, 2025

If you own a life insurance policy that has a cash value or if you’re the beneficiary under a life insurance policy and the policyholder dies, it can affect your bankruptcy filing. You may be able to claim a policy with cash value as exempt, but this depends on your state’s exemption laws. If you receive money from life insurance policy after someone dies and you recently filed or will soon file bankruptcy, you need to report the proceeds to your bankruptcy trustee.

How To Get Your Credit Report For Free

Written by Attorney Tina Tran. Legally reviewed by Jonathan Petts
Updated January 28, 2025

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.

What Type of Debt Can I Erase in Chapter 7 Bankruptcy?

Written by Attorney Andrea Wimmer. Legally reviewed by Jonathan Petts
Updated January 28, 2025

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

What Type of Debt Can I Erase in Chapter 7 Bankruptcy?

Written by Attorney Andrea Wimmer. Legally reviewed by Jonathan Petts
Updated January 28, 2025

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

What Happens if a Creditor Gets a Judgment Against Me?

Written by Natasha Wiebusch, J.D.. Legally reviewed by Jonathan Petts
Updated January 28, 2025

If you are overdue on a payment owed to a creditor, you might be running the risk of a deficiency lawsuit and judgment against you. Depending on the kind of debt you owe, a creditor may be able to take your personal property, like your car, and put liens on real property, like your house. Read more to learn how these judgments work and what creditors can legally do to satisfy outstanding debt.

Credit Unions & Bankruptcy

Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 28, 2025

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 your credit union accounts.

Judgments and Judgment Liens in New York State

Written by Attorney Jenni Klock Morel. Legally reviewed by Jonathan Petts
Updated January 28, 2025

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.

Your Guide to Tennessee Debt Collection Laws

Written by Attorney Tina Tran. Legally reviewed by Jonathan Petts
Updated January 28, 2025

When it comes to debt collection, Tennesseans are primarily protected by the federal Fair Debt Collection Practices Act (FDCPA). That said, Tennessee’s Consumer Protection Act does provide some consumer protections against misconduct that aren’t specifically outlined in the FDCPA. The Tennessee Consumer Protection Act also requires third-party debt collectors and debt buyers to register with the Tennessee Collection Service Board. The statute of limitations for medical debt and credit card debt is six years in Tennessee.

How To Answer a Washington Debt Collection Court Summons

Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 28, 2025

If you’re sued for a debt in the state of Washington, it’s important to respond! And it might be easier than you think. Here are the basic steps: 1. Fill out an answer and appearance form. 2. Complete a certificate of service form. 3. File your forms with the court within 20 days of receiving the summons. 4. Deliver a copy of your answer form to the person suing you.

17 Tips To Defend Your Small Claims Case

Written by Attorney Paige Hooper. Legally reviewed by Jonathan Petts
Updated January 28, 2025

What should you do if you get sued in small claims court? While the answer depends on the type of case, the worst thing you can do in any case is nothing. A judgment, or court order, against you opens the door for the plaintiff (the person or company who is suing you) to garnish your wages, seize your property, or take other actions against you. Though rules and procedures vary from state to state, these are some important tips for defending any small claims case.

What Happens if I Transfer Property Before Filing Bankruptcy?

Written by Attorney Paige Hooper. Legally reviewed by Jonathan Petts
Updated January 28, 2025

If you transfer property before filing bankruptcy, the trustee may review those transfers to ensure they comply with bankruptcy laws. Transfers made within the two years before filing — called the "look-back period" — must be disclosed in your bankruptcy forms. Some transfers, like selling property for less than its value while insolvent (constructive fraud) or transferring assets to hide them from creditors (actual fraud), can be undone by the trustee. Not all transfers are a problem, though. Selling property for fair market value or giving away items with little value is usually fine. To avoid complications, be sure to disclose all transfers honestly, keep detailed records, and provide documentation if needed.

How To Fight Student Loan Debt in Bankruptcy: Adversary Proceedings Explained

Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 28, 2025

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.

How To Win Against CBE Group