Attorney Paige Hooper - Bankruptcy Attorney

Paige Hooper is a seasoned consumer bankruptcy attorney with 15 years of experience successfully representing debtors in Chapter 7, Chapter 11 and Chapter 13 cases. Paige began practicing bankruptcy law in 2006 and started her own solo, multi-state bankruptcy practice in 2012. Given her expertise in bankruptcy, Paige was selected in 2011 to create a comprehensive library of practice forms, procedural guides, intake packets, and detailed manuals used to train attorneys and paralegals in bankruptcy law. Paige is committed to using her education and experience to help others and to make a positive difference in the world. She has a Bachelor of Journalism degree from the University of Missouri and a Juris Doctor degree from the University of Mississippi. She is actively licensed to practice law in Mississippi and Tennessee. When she’s not practicing law, Paige enjoys writing, cooking, painting, and spending time with her son, Mickey.

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Articles written by Attorney Paige Hooper

Can Secured Debt Be Discharged in Bankruptcy?

Written by Attorney Paige Hooper. Legally reviewed by Jonathan Petts
Updated December 10, 2024

Yes, most secured debt can be discharged in bankruptcy. In Chapter 7 cases, that means your personal liability for the debt is wiped out with the Chapter 7 discharge. But since secured debts are connected to collateral, you don't get to keep the collateral unless you pay the debt. To do so, you may need to reaffirm the debt. In Chapter 13, you repay secured debts through the repayment plan. In both cases, you can surrender the collateral, which means the debt is no longer secured.

Written by Attorney Paige Hooper. Legally reviewed by Jonathan Petts
Updated December 10, 2024

So long as your car hasn’t already been auctioned or sold, filing bankruptcy can help stop repossession. If you file Chapter 7, the automatic stay gives you time to negotiate new, more affordable loan terms with your car lender. It can also get rid of a deficiency judgment if your car is repossessed and sold. Filling Chapter 13 can help you reorganize your auto loan debt to get a more affordable monthly payment and spread out past-due payments over several years.

Written by the Upsolve Team. Legally reviewed by Attorney Paige Hooper
Updated November 21, 2024

Legal advice can be very helpful as you navigate the bankruptcy process, but not everyone can afford to hire an attorney to help them. That's where legal aid comes in. Legal aid organizations offer free or low-cost legal help to certain individuals. Eligibility is often based on income, but sometimes age, veteran status, or other factors come into play as well. This article will describe what legal aid is, how to find out if you qualify, and what it's like to work with a legal aid organization.

Written by Attorney Paige Hooper.
Updated November 21, 2024

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.

Written by Attorney Paige Hooper.
Updated October 28, 2024

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.

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

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

Written by Attorney Tina Tran. Legally reviewed by Attorney Paige Hooper
Updated August 21, 2024

Yes, a credit card company can sue you if you stop paying your bills. Typically, credit card companies will contact you several times before escalating the matter to legal action or charging off the debt to a debt collection agency. Though there’s no set timeline, you can expect legal action after six months of nonpayment. While there are no guarantees, you’re less likely to be sued if you owe less than $2,000.

Written by Your Upsolve Team. Legally reviewed by Attorney Paige Hooper
Updated August 21, 2024

If you don’t make your credit card payments, the credit card company or collection agency will try to collect on the debt, but they can also bring a credit card lawsuit. If you get sued for credit card debt, it’s important to answer (reply to) the lawsuit. You should also ask the collection agency to verify the debt to ensure that you actually owe it and that they have the correct details about the debt amount. When you file your answer, you’ll include your defenses about why the debt collector shouldn’t win the case.

Written by Attorney Paige Hooper.
Updated August 21, 2024

If you haven’t paid a debt, you can be sued by a debt collector. If the debt collector wins the lawsuit and gets a judgment against you, they can take more aggressive collection actions. To avoid this, you’ll need to answer the complaint, prepare a defense, and show up to the hearing prepared. It’s also good to get familiar with debt collection laws so you’ll know if the debt collector has broken them.

Written by Attorney Paige Hooper.
Updated August 21, 2024

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.

Written by the Upsolve Team. Legally reviewed by Attorney Paige Hooper
Updated August 1, 2024

A debt management plan allows you to combine your debts and make one monthly payment with a lower interest rate. It's set up by a credit counselor and usually takes 3-5 years to complete. Only certain kinds of debt, such as credit card debt, can be included in a DMP. If you have a lot of debt that's secured by collateral (like a house or car loan), a DMP may not be the best option. But you can look into other debt relief options including filing Chapter 13 bankruptcy.

Written by the Upsolve Team. Legally reviewed by Attorney Paige Hooper
Updated August 1, 2024

Debt consolidation is when you combine multiple debts into one. The goal of consolidating your debt is to reduce your monthly payment and get a lower interest rate. It also simplifies your debt repayment, so you're less likely to miss payments each month. Debt consolidation loans and credit card balance transfers are two common types of debt consolidation.

Written by Attorney Paige Hooper.
Updated August 1, 2024

If you're struggling to keep up with the minimum payments or paying everything you can and not making a dent in the balances that you owe, there are several debt relief options available to help you eliminate your debt and move forward with your life. Read this article to learn the different types of debt relief available and how they work, the benefits and risks associated with each option, and which debt relief solution(s), if any, may be a good fit for your situation.

Written by Mark P. Cussen, CMFC. Legally reviewed by Attorney Paige Hooper
Updated August 1, 2024

If your lender agrees to let you settle a debt for less than what you owe, you'll need a written agreement that includes: - Information about the debt - What you'll be expected to pay - How much will be forgiven - What the repayment terms are If your lender doesn't send an agreement, you can use the template in this article to draft a written agreement to make sure you're both on the same page. It’s important to get any debt settlement agreement in writing!

Written by the Upsolve Team. Legally reviewed by Attorney Paige Hooper
Updated August 1, 2024

Debt settlement is a type of debt relief. If a creditor agrees to a debt settlement, you make a lump-sum payment for less than the total debt you owe and they forgive the rest. This can work well if you have a large sum of cash at hand. But many who've fallen behind on paying their debts don’t. If you try to save up money to settle a debt, you'll hurt your credit in the meantime if you stop making your debt payments.

Written by Attorney Karra Kingston. Legally reviewed by Attorney Paige Hooper
Updated April 19, 2024

Yes, debt collectors can take you to court for unpaid debt. But this won’t be their first move. Debt collection agencies will first call you and send notices in the mail to try to collect on unpaid debt. It’s common for debt collectors to make several attempts over a period of many months to collect a debt before they decide to sue you.

Written by Attorney Paige Hooper.
Updated April 18, 2024

In many cases, self-reporting your account information and payment activity to the major credit bureaus is a smart way to bulk up your credit report and improve your credit score. Self-reporting payments, such as rent and utilities, benefits your credit by adding on-time payments that wouldn’t ordinarily appear on your credit report. In this article, you’ll learn what self-reporting is, how it works, what you can report, and how to decide whether self-reporting is a good option for you.

Written by Natasha Wiebusch, J.D.. Legally reviewed by Attorney Paige Hooper
Updated April 12, 2024

The FDCPA is a federal law that protects debtors by preventing third-party debt collectors from engaging in harassment or unfair activities while trying to collect money. Here’s a list of the six most common violations of the FDCPA: - Attempting to collect debts you don’t owe - Sending written notifications with insufficient information about the debt - Taking or threatening to take legal action or other negative actions - Making false statements or misrepresenting themselves or the debt - Engaging in harassment (usually with repeated calls) or using abusive language - Threatening to contact a third party about your debt (such as a friend, family member, or employer) or to otherwise improperly share information about your debt publicly

Written by Attorney Paige Hooper.
Updated March 25, 2024

*Updated December 20, 2023* Federal student loan payments will resume in October 2023, but interest will begin accruing on student loans again on Sept. 1, 2023. This comes after a three-year student loan payment pause that began in March 2020 and was subsequently extended several times. Here's the current message from StudentAid.gov, "Congress recently passed a law preventing further extensions of the payment pause. Student loan interest will resume starting on Sept. 1, 2023, and payments will be due starting in October. We will notify borrowers well before payments restart."

Written by Attorney Paige Hooper.
Updated March 7, 2024

In an income-driven repayment (IDR) plan, your monthly federal student loan payment is calculated based on your income and family size. Since IDR plans are tied to your income, the monthly payments tend to be more affordable for borrowers than other repayment plans like the Standard Repayment Plan. Sometimes the monthly payment is as low as $0. The federal government has promised student loan forgiveness after 20–25 years of repayment under an IDR, but recent evidence has shown this forgiveness is hard to get. President Biden has proposed new IDR rules to change this. The rules are subject to public comment and review before they can be implemented. This article explains how income-driven repayment plans work. It also details the four different types of income-driven repayment plans, how to choose the right plan for you, and how to apply for the income-driven repayment program.

Written by the Upsolve Team. Legally reviewed by Attorney Paige Hooper
Updated October 10, 2023

If you’re contacted about a debt you don’t owe, you’ll want to dispute it with the creditor or debt collector. Often these consumer debts are also incorrectly reported to the three major credit bureaus, so you’ll want to check your credit report, too. You can also send a dispute letter to the credit bureaus asking them to remove incorrect information. Here are the four basic steps to dispute a debt you don’t owe: 1. Ensure the debt collector has validated the debt. 2. Send a dispute letter (or the tear-off portion of the debt validation letter, which allows you to easily start the dispute process). 3. Check your credit report and send a credit dispute letter or notices of dispute to any reporting agency with inaccurate information. 4. Follow up if/as needed until the matter is resolved.

Written by Attorney Serena Siew. Legally reviewed by Attorney Paige Hooper
Updated September 25, 2023

Getting sued by a credit card company can be intimidating. Maybe you’ve become so good at ignoring collection calls that you’re tempted to trash the complaint and summons. Don’t. You have legal rights and defenses that you’ll lose by not contesting the lawsuit. Plus, if you fight back in court, your chances of winning the case are much better than you might initially expect.

Written by Curtis Lee, JD. Legally reviewed by Attorney Paige Hooper
Updated September 25, 2023

Debt relief scams aren’t always easy to spot. However, they have several traits that usually indicate they’re a scam: - The scammer contacts you first. - They charge an upfront fee. - They won’t provide a written contract. - They ask you to stop communicating with your creditors. - They make exaggerated promises, such as instant student loan forgiveness or overnight credit repair. To avoid falling for a scam, research potential debt relief companies online or skip the research and work with an accredited nonprofit credit counseling agency.

Written by the Upsolve Team. Legally reviewed by Attorney Paige Hooper
Updated September 21, 2023

As a consumer, you have certain legal rights and protections. These rights extend to your interactions with debt collectors and collection agencies. If you’re being harassed by a debt collector, you can hire a debt lawyer to help you understand and defend your rights. These attorneys can also help defend you against debt collection lawsuits. If you just need help figuring out what to do about overwhelming debt, a debt settlement lawyer can explain your debt relief options and help you pursue them successfully.

Written by the Upsolve Team. Legally reviewed by Attorney Paige Hooper
Updated September 19, 2023

Debt collectors can call you at work unless and until you tell them to stop calling. Under federal law, debt collectors and creditors are prohibited from contacting borrowers at work once they have reason to know that a borrower's employer doesn't permit these kinds of calls. The law does allow for other collection tactics, so it is important to know your rights concerning debt collection communications.

Written by the Upsolve Team. Legally reviewed by Attorney Paige Hooper
Updated September 19, 2023

A cease and desist letter is a formal written request that you send a debt collector telling them to stop contacting you about a debt. Once the debt collector receives a cease and desist letter, they must stop further contact save for one final call to tell you what actions they intend to take. While sending a cease and desist letter is a good way to stop debt collectors from harassing you, it doesn’t make your debt disappear. If the debt is valid, the debt collector may choose to take legal action to recover the debt.

Written by Your Upsolve Team. Legally reviewed by Attorney Paige Hooper
Updated September 14, 2023

A debt verification letter is correspondence you can send to a debt collector to get more information about a debt or to start the dispute process. If you’re contacted by a debt collector and something doesn’t seem right about the collection agency or the debt itself, you can use a debt verification letter to learn more about the agency and the debt. This can help you dispute debts you don’t actually owe or identify potential debt collection scams.

Written by Attorney Paige Hooper.
Updated September 12, 2023

If you're struggling with student loan payments, you may be wondering about student loan forgiveness, cancellation, and discharge. While all three options aim to reduce or eliminate student loan payments, the eligibility requirements differ. They vary based on factors such as the type of loan you have, your occupation, and the specific hardship you’re facing. Understanding the differences between these options can help you determine which one is the right choice for you.

Written by Attorney Paige Hooper.
Updated September 6, 2023

Homeownership is a major life goal for many people. In recent years, though, economic challenges have prevented many people from pursuing this goal. Student loan debt is often cited as a reason why so many people are waiting longer than ever to buy a home.

Written by Lawyer John Coble. Legally reviewed by Attorney Paige Hooper
Updated August 28, 2023

New York state's Consumer Credit Fairness Act (CCFA), reduced the statute of limitations for consumer debts from six years to three years. It also added notification requirements for creditors and debt collectors that sue borrowers. Under the CCFA, the statute of limitations can’t be restarted if a borrower makes a payment or acknowledges a debt. Finally, under the CCFA, debt collectors must be able to prove they own the debt when they sue to collect on it.

Written by Attorney Todd Carney. Legally reviewed by Attorney Paige Hooper
Updated August 25, 2023

You can’t be arrested or put in jail for not repaying consumer debts like credit cards or medical bills. But you can be sued, which sometimes leads to arrest or jail time. If you’re sued and don’t comply with the court requirements, like showing up for a debt examination, you can be arrested. You can avoid being arrested by complying with any court orders.

Written by Attorney Paige Hooper.
Updated August 25, 2023

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.

Written by the Upsolve Team. Legally reviewed by Attorney Paige Hooper
Updated August 17, 2023

Statutes of limitations are state laws that limit the time a debt collector has to bring a lawsuit. After the statute of limitations has passed, debt collectors can still sue you, but the statute of limitations is a strong defense in a debt collection lawsuit. The length of these laws can vary tremendously by state and by the type of contract you made for the debt (oral, written, etc.).

Written by Attorney Paige Hooper.
Updated August 17, 2023

Unfortunately, ignoring debt collectors won't make them go away, and it usually makes the situation worse. Here are some of the biggest consequences of ignoring debt collectors: - Your credit score will fall, which makes it harder to get new credit and sometimes even employment or housing - Debt collectors may get more aggressive in trying to contact you or your friends or family (though they're limited in what they can say) - Your stress is likely to increase - Your debt may increase, too, with the addition of late fees and penalty interest rates - You can be sued Empower yourself with knowledge and by knowing your rights, so you can confidently speak with debt collectors and deal with your past-due debts.

Written by Your Upsolve Team. Legally reviewed by Attorney Paige Hooper
Updated August 17, 2023

If you don't pay a debt collector or collection agency, you’ll likely face increasing efforts to collect the debt via phone calls, letters, or even social media contact. Not paying a debt in collections will also hurt your credit score. If you don’t pay, the collection agency can sue you to try to collect the debt. If successful, the court may grant them the authority to garnish your wages or bank account or place a lien on your property. You can defend yourself in a debt collection lawsuit or file bankruptcy to stop collection actions.

Written by Attorney Serena Siew. Legally reviewed by Attorney Paige Hooper
Updated August 17, 2023

If someone calls you about a debt and doesn’t identify themselves, asks for payment via wire transfer, demands personal information, or calls at odd hours, these are red flags that indicate the caller is a scammer. You can protect yourself by keeping a record of all communication, reporting them, and notifying your real creditor.

Written by Attorney Paige Hooper.
Updated August 9, 2023

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.

Written by the Upsolve Team. Legally reviewed by Attorney Paige Hooper
Updated August 9, 2023

A bankruptcy discharge is a court order that wipes out certain debts like credit card debts and medical bills. Once you receive a discharge, you're no longer legally obligated to repay the debts that were discharged. Some debts, like those that are secured by collateral, can only be discharged if you give up the collateral. In Chapter 7 cases, dischargeable debts will be eliminated in a matter of months. In Chapter 13 cases, the filers must complete their 3-5 year payment plan before their dischargeable debts are eliminated.

Written by Attorney Paige Hooper.
Updated August 8, 2023

Filing for Chapter 12 bankruptcy helps family farmers and family fishermen relieve their debt burdens, reorganize their finances, continue operating their businesses, and keep the equipment they need to do their jobs.

Written by Attorney Paige Hooper.
Updated August 8, 2023

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.

Written by the Upsolve Team. Legally reviewed by Attorney Paige Hooper
Updated July 28, 2023

If you own property that's not protected, or not fully protected, by exemptions, you may owe money to your bankruptcy estate. You can either pay the money into the estate and keep the property or asset, or you can surrender the property, keep the exempted amount, and not have to pay into the estate.

Written by Attorney Paige Hooper.
Updated July 27, 2023

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.

Written by Attorney Paige Hooper.
Updated July 26, 2023

Many people who receive Social Security benefits live on fixed or limited incomes. As a result, they may need to borrow money when faced with unexpected expenses. Repaying that money on a tight budget can be challenging, and debt can pile up quickly. Bankruptcy is one possible way to relieve that debt burden. Fortunately, in most cases, filing bankruptcy won’t affect your Social Security benefits. In bankruptcy, some Social Security benefits are treated as income, while others are treated as assets. This article covers which benefits are considered income and how that income can affect your bankruptcy. It also covers which benefits are considered assets and how you can protect them.

Written by the Upsolve Team. Legally reviewed by Attorney Paige Hooper
Updated July 26, 2023

If you and your spouse get along, you can file Chapter 7 together before you get divorced. Doing so means you'll benefit from larger exemptions and you can wipe out marital debt to ease the divorce process. If you don't get along well, you may want to get divorced first and file your case individually later. Once you file your bankruptcy case, the automatic stay goes into effect, which will delay your divorce proceeding.

Written by Attorney Paige Hooper.
Updated July 26, 2023

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.

Written by Attorney Paige Hooper.
Updated July 25, 2023

If you receive disability benefits, they could affect your bankruptcy in two ways. First, they can impact your monthly income calculation on some of your bankruptcy paperwork. Second, if you have disability benefits in a bank account when you file, you may need to use exemptions to protect and keep these funds. This article covers when and how to report disability benefits as income, and how to deal with any lump-sum disability payments you have on hand when you file a bankruptcy case.

Written by Attorney Paige Hooper.
Updated July 25, 2023

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. Finally, an employer can’t fire you because you have a wage garnishment order against you.

Written by Attorney Paige Hooper.
Updated July 25, 2023

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.

Written by Attorney Paige Hooper.
Updated July 25, 2023

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.

Written by Attorney Paige Hooper.
Updated July 25, 2023

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.

Written by Attorney Paige Hooper.
Updated July 25, 2023

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.

Written by Attorney Paige Hooper.
Updated July 20, 2023

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.

Written by Attorney Paige Hooper.
Updated July 20, 2023

Chapter 9 bankruptcy offers relief for struggling municipalities by shielding them from their creditors and allowing them to reorganizing their debts. Municipalities are granted broad authority to reorganize these debts, especially those related to pensions and labor unions. Chapter 9 filings are rare but often have lasting effects on communities and states.

Written by Attorney Paige Hooper.
Updated July 20, 2023

Refunds for taxes you paid on income you earned before you filed your bankruptcy case, will be part of your bankruptcy estate. If you receive your refund and spend it on necessary expenses before you file bankruptcy, it doesn’t become a part of your bankruptcy estate. But if you hold on to the money, the trustee may be able to access the funds if they aren't protected by an exemption. In Chapter 7, refunds for taxes you paid after you filed bankruptcy aren’t part of your estate. But in Chapter 13, your estate includes all the tax refunds you receive during your 3-5 year payment plan. You can avoid turning future refunds over to your trustee by adjusting your tax withholding so you don’t overpay your income taxes.

Written by Attorney Paige Hooper.
Updated July 12, 2023

An emergency bankruptcy filing is when you file only the minimum required forms to get a bankruptcy case going. It helps you file your case quickly. Emergency filings are helpful if you need to stop serious collection measures like repossession, foreclosure, or wage garnishment. Once you file an emergency bankruptcy case, you need to complete the remaining paperwork within 14 days or you risk having your case dismissed.

Written by Attorney Paige Hooper.
Updated June 6, 2023

The benefits of student loan refinancing are different for everyone. How much refinancing can help you will depend on your existing loans and your current financial situation. This article covers what student loan refinancing is and how it works. You’ll also learn how to determine whether refinancing is right for you and how to compare lenders to maximize your benefits.

Written by Attorney Paige Hooper.
Updated March 7, 2023

When you file for bankruptcy, your creditors must be notified so that they are alerted to the protections of the automatic stay and so that they can raise any objections they may have to your bankruptcy petition. All of your creditors and any other parties that are legally interested in the outcome of your bankruptcy filing are notice recipients. As notice recipients, they have a right to be alerted promptly to your decision to file for bankruptcy.

Written by Attorney Paige Hooper.
Updated October 26, 2022

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.

Written by Attorney Paige Hooper.
Updated October 18, 2022

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.

Written by the Upsolve Team. Legally reviewed by Attorney Paige Hooper
Updated October 13, 2022

Your equity in a house or car (the dollar value that belongs to you, not the lender) is the current value of the property minus the amount you still owe on it. When you file bankruptcy, exemptions protect the equity you have in certain assets.

Written by Attorney Paige Hooper.
Updated October 12, 2022

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.

Written by Attorney Paige Hooper.
Updated September 22, 2022

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.

Written by Attorney Paige Hooper.
Updated September 2, 2022

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.

Written by Attorney Paige Hooper.
Updated September 2, 2022

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.

Written by Attorney Paige Hooper.
Updated September 2, 2022

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.

Written by Attorney Paige Hooper.
Updated June 17, 2022

Because retirement accounts are protected by exemptions, most people who file bankruptcy keep all their existing retirement savings. Many types of retirement accounts have an unlimited exemption amount, but some — like IRAs — are limited. Social Security benefits are also exempt, but the funds can't be commingled. You must keep them in a separate account.

Written by Attorney Paige Hooper.
Updated May 11, 2022

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.

Written by the Upsolve Team. Legally reviewed by Attorney Paige Hooper
Updated May 4, 2022

In your 341 meeting of creditors, the trustee in your case will verify your identity and the information in your bankruptcy petition. Creditors can also show up to ask questions, but this is rare. In this article and video, we’ll walk you through a typical 341 meeting of creditors in a Chapter 7 bankruptcy.

Written by Attorney Paige Hooper.
Updated March 10, 2022

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.

Written by Attorney Paige Hooper.
Updated March 10, 2022

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.

Written by Attorney Paige Hooper.
Updated March 7, 2022

Transferring property includes selling it or giving it away. If you file bankruptcy, you have to report any property transfers in the two years before you filed on your bankruptcy forms. If the bankruptcy trustee finds that you fraudulent transferred any property, they can undo the transfer to get the property back and sell it to pay your creditors. Read on to learn more about property transfers and how to deal with them when filing bankruptcy.

Written by Attorney Paige Hooper.
Updated December 1, 2021

Foreclosure is the legal process mortgage lenders use to take ownership of a house if the borrower doesn’t make the mortgage payments. How long foreclosure takes depends on many factors, but mostly on your state’s laws. This article describes the basic steps in the foreclosure process and a general timeframe for each step. It also highlights some of the vast differences in foreclosure timelines from state to state and explains some of the factors that lead to those differences.

Written by Attorney Paige Hooper.
Updated November 30, 2021

Bankruptcy isn’t something to be ashamed of. It helps businesses and people — including the former leader of the free world — escape from debt and move forward. Former President Donald Trump has repeatedly used bankruptcy to help his businesses and himself get ahead. This article discusses Donald Trump’s bankruptcies and how they benefited his companies. It also addresses how personal bankruptcy compares to business bankruptcy and why both are necessary for a healthy economy.

Written by Attorney Paige Hooper.
Updated November 29, 2021

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.

Written by Attorney Paige Hooper.
Updated November 29, 2021

Guaranteed auto financing allows people to buy cars even if they don’t qualify for traditional car loans. Dealerships will look at your current income and employment to determine whether you qualify. You may need to meet minimum income requirements and offer a down payment. These auto loans typically have high interest rates and fees. Shop around and read the fine print carefully to be sure you get the best terms.

Written by Attorney Paige Hooper.
Updated November 29, 2021

Whether you’re thinking about buying a home, refinancing an existing mortgage, or planning your next big investment, it’s important to understand how lenders and servicers fit into the mortgage process. This article will explain the differences between mortgage lenders and servicers so you can better prepare for your homebuying journey.

Written by Attorney Paige Hooper.
Updated November 25, 2021

If you’re behind on your mortgage payments and are in danger of losing your home, know that foreclosure is not inevitable. In many cases, mortgage companies work with struggling borrowers to find foreclosure alternatives through a process called loss mitigation. Some mortgage companies even have dedicated in-house loss mitigation programs. This article will discuss four common kinds of loss mitigation solutions and how they work.

Written by Attorney Paige Hooper.
Updated November 22, 2021

Even if your lender begins foreclosure proceedings you may still be able to get your mortgage back on track with a foreclosure mediation program. These programs use neutral third parties to help lenders and homeowners resolve mortgage issues without foreclosure. Mediation programs are great resources, but they aren’t available everywhere.

Written by Attorney Paige Hooper.
Updated November 19, 2021

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.

Written by Attorney Paige Hooper.
Updated November 11, 2021

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.

Written by Attorney Paige Hooper.
Updated November 11, 2021

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.

Written by Attorney Paige Hooper.
Updated November 6, 2021

When your spouse dies, mortgage debt doesn’t just disappear. Learn what you can expect regarding your home and mortgage after your spouse has passed away, and find answers to many common questions, such as who inherits the house, what happens to the mortgage, what rights and protections you have, and what a reverse mortgage is and how it works.

Written by Attorney Paige Hooper.
Updated November 2, 2021

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.

Written by Attorney Paige Hooper.
Updated November 2, 2021

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.

Written by Attorney Paige Hooper.
Updated October 31, 2021

A judicial sale is the result of a lawsuit and a court order, while a nonjudicial sale takes place completely outside of a courtroom. While both procedures end in the same result, they aren’t identical. This article covers how each of these kinds of foreclosure works, the differences between the two, and how to defend yourself against each type.

Written by Attorney Paige Hooper.
Updated October 1, 2021

This six-page form provides the IRS with detailed information about your financial situation. This information helps the IRS verify whether you’re eligible for the relief you’re requesting and determine what you can afford to pay. This article will walk you through how to complete the most recent version of the form.

Written by Attorney Paige Hooper.
Updated September 16, 2021

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.

Written by Attorney Paige Hooper.
Updated September 3, 2021

Secured credit cards are an option for people who typically don’t qualify for traditional credit cards. A secured credit account allows you to establish a history of on-time payments so you can build or improve your credit report and increase your credit score. This article covers what makes a secured credit card different from an ordinary credit card, how to use a secured card to establish or build credit, and how to decide if opening a secured credit card account is a good option for you.

Written by Attorney Paige Hooper.
Updated September 3, 2021

There is no magical trick to transform your credit overnight. Earning a great credit score takes time, patience, and discipline, but there are several hacks you can use to make reaching your credit goals a little faster and easier. This article covers some of the helpful tips and expert tactics that can boost your credit score.

Written by Attorney Paige Hooper.
Updated August 23, 2021

If your score is 500, you may not be able to get credit, or you may face extremely high interest rates and fees. Fortunately, the sooner you start taking steps to actively raise your score, the sooner your credit rating will improve. This article covers the factors that lead to a 500 credit score, how that score can affect your ability to get financing, and some steps you can take now to start increasing your score.

Written by Attorney Paige Hooper.
Updated July 26, 2021

A medical credit card is similar to a regular credit card, but they can only be used for certain covered medical expenses and are only accepted by certain healthcare providers. In many cases, there are better options available to pay for medical expenses. This article will explain the benefits and drawbacks of using a medical credit card, help you decide whether this type of card is a good choice for you, and explore other medical financing alternatives you may want to consider.

Written by Attorney Paige Hooper.
Updated July 22, 2021

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.

Written by Attorney Paige Hooper.
Updated June 28, 2021

Owing a lot of income tax debt often feels inescapable, and the Internal Revenue Service (IRS) can seem intimidating. Fortunately, the IRS has many options available to taxpayers who can’t pay all their taxes right away and will usually work with you to find a solution. This article takes a closer look at how the partial payment option works, how it compares to other solutions, and whether it may be a good choice for your situation.

Written by Rebecca Godbold Shiver. Legally reviewed by Attorney Paige Hooper
Updated August 20, 2024

Filing for bankruptcy doesn’t have to be scary and confusing. We provide helpful tips and resources to help you file Chapter 7 bankruptcy in your state without a lawyer.

Written by Rebecca Godbold Shiver. Legally reviewed by Attorney Paige Hooper
Updated August 20, 2024

Filing for bankruptcy doesn’t have to be scary and confusing. We provide helpful tips and resources to help you file Chapter 7 bankruptcy in your state without a lawyer.

Written by Attorney Paige Hooper.
Updated August 20, 2024

Filing for bankruptcy doesn’t have to be scary and confusing. We provide helpful tips and resources to help you file Chapter 7 bankruptcy in your state without a lawyer.

Written by Attorney Todd Carney. Legally reviewed by Attorney Paige Hooper
Updated April 19, 2024

Filing for bankruptcy doesn’t have to be scary and confusing. We provide helpful tips and resources to help you file Chapter 7 bankruptcy in your state without a lawyer.

Written by Krishna Patel. Legally reviewed by Attorney Paige Hooper
Updated April 19, 2024

Filing for bankruptcy doesn’t have to be scary and confusing. We provide helpful tips and resources to help you file Chapter 7 bankruptcy in your state without a lawyer.

Written by Rebecca Godbold Shiver. Legally reviewed by Attorney Paige Hooper
Updated April 19, 2024

Filing for bankruptcy doesn’t have to be scary and confusing. We provide helpful tips and resources to help you file Chapter 7 bankruptcy in your state without a lawyer.

Written by Attorney Paige Hooper.
Updated April 19, 2024

Filing for bankruptcy doesn’t have to be scary and confusing. We provide helpful tips and resources to help you file Chapter 7 bankruptcy in your state without a lawyer.

Written by Kelly Pickering. Legally reviewed by Attorney Paige Hooper
Updated April 19, 2024

Filing for bankruptcy doesn’t have to be scary and confusing. We provide helpful tips and resources to help you file Chapter 7 bankruptcy in your state without a lawyer.

Written by Attorney Paige Hooper.
Updated March 22, 2024

Repossession is the process of taking back a car after the owner defaults on their auto loan. Each state has different laws and regulations that dictate every step of the repossession process from start to finish. This page will provide an overview of Connecticut's Repossession Laws and what you should know if you've fallen behind on car payments.

Written by Attorney Paige Hooper.
Updated March 22, 2024

Repossession is the process of taking back a car after the owner defaults on their auto loan. Each state has different laws and regulations that dictate every step of the repossession process from start to finish. This page will provide an overview of Arkansas's Repossession Laws and what you should know if you've fallen behind on car payments.

Written by Attorney Paige Hooper.
Updated March 22, 2024

Repossession is the process of taking back a car after the owner defaults on their auto loan. Each state has different laws and regulations that dictate every step of the repossession process from start to finish. This page will provide an overview of Colorado's Repossession Laws and what you should know if you've fallen behind on car payments.

Written by Attorney Paige Hooper.
Updated March 22, 2024

Repossession is the process of taking back a car after the owner defaults on their auto loan. Each state has different laws and regulations that dictate every step of the repossession process from start to finish. This page will provide an overview of Delaware's Repossession Laws and what you should know if you've fallen behind on car payments.

Written by Attorney Paige Hooper.
Updated March 22, 2024

Repossession is the process of taking back a car after the owner defaults on their auto loan. Each state has different laws and regulations that dictate every step of the repossession process from start to finish. This page will provide an overview of California's Repossession Laws and what you should know if you've fallen behind on car payments.

Written by the Upsolve Team. Legally reviewed by Attorney Paige Hooper
Updated September 29, 2023

Filing for bankruptcy doesn’t have to be scary and confusing. We provide helpful tips and resources to help you file Chapter 7 bankruptcy in your state without a lawyer.

Written by Attorney Paige Hooper.
Updated July 25, 2023

Filing for bankruptcy doesn’t have to be scary and confusing. We provide helpful tips and resources to help you file Chapter 7 bankruptcy in your state without a lawyer.

Written by the Upsolve Team. Legally reviewed by Attorney Paige Hooper
Updated May 10, 2023

Filing for bankruptcy doesn’t have to be scary and confusing. We provide helpful tips and resources to help you file Chapter 7 bankruptcy in your state without a lawyer.

Written by the Upsolve Team. Legally reviewed by Attorney Paige Hooper
Updated May 10, 2023

Filing for bankruptcy doesn’t have to be scary and confusing. We provide helpful tips and resources to help you file Chapter 7 bankruptcy in your state without a lawyer.

Written by Attorney Paige Hooper.
Updated November 7, 2022

A wage garnishment order allows creditors to take money directly from your paycheck. Most of the time, this is only possible after a court has entered a judgment. Here's how Illinois regulates wage garnishments.

Written by Attorney Paige Hooper.
Updated April 6, 2022

If your household income is less than Florida’s median income for your household size, you’ll qualify to file Chapter 7. If it’s higher, you’ll need to take the full means test and show that your expenses are high enough that you can’t afford to pay the debts you’re trying to eliminate.

Written by Kelly Pickering. Legally reviewed by Attorney Paige Hooper
Updated March 23, 2022

Filing for bankruptcy doesn’t have to be scary and confusing. We provide helpful tips and resources to help you file Chapter 7 bankruptcy in your state without a lawyer.

Written by Kelly Pickering. Legally reviewed by Attorney Paige Hooper
Updated March 23, 2022

Filing for bankruptcy doesn’t have to be scary and confusing. We provide helpful tips and resources to help you file Chapter 7 bankruptcy in your state without a lawyer.

Written by Kelly Pickering. Legally reviewed by Attorney Paige Hooper
Updated March 23, 2022

Filing for bankruptcy doesn’t have to be scary and confusing. We provide helpful tips and resources to help you file Chapter 7 bankruptcy in your state without a lawyer.

Written by Attorney Todd Carney. Legally reviewed by Attorney Paige Hooper
Updated March 22, 2022

Filing for bankruptcy doesn’t have to be scary and confusing. We provide helpful tips and resources to help you file Chapter 7 bankruptcy in your state without a lawyer.

Written by the Upsolve Team. Legally reviewed by Attorney Paige Hooper
Updated March 22, 2022

Filing for bankruptcy doesn’t have to be scary and confusing. We provide helpful tips and resources to help you file Chapter 7 bankruptcy in your state without a lawyer.

Written by Kelly Pickering. Legally reviewed by Attorney Paige Hooper
Updated March 22, 2022

Filing for bankruptcy doesn’t have to be scary and confusing. We provide helpful tips and resources to help you file Chapter 7 bankruptcy in your state without a lawyer.

Written by Rebecca Godbold Shiver. Legally reviewed by Attorney Paige Hooper
Updated March 22, 2022

Filing for bankruptcy doesn’t have to be scary and confusing. We provide helpful tips and resources to help you file Chapter 7 bankruptcy in your state without a lawyer.

Written by Attorney Paige Hooper.
Updated February 10, 2022

Filing for bankruptcy doesn’t have to be scary and confusing. We provide helpful tips and resources to help you file Chapter 7 bankruptcy in your state without a lawyer.

Written by Attorney Paige Hooper.
Updated February 10, 2022

Filing for bankruptcy doesn’t have to be scary and confusing. We provide helpful tips and resources to help you file Chapter 7 bankruptcy in your state without a lawyer.

Written by Attorney Paige Hooper.
Updated December 31, 2021

A wage garnishment order allows creditors to take money directly from your paycheck. Most of the time, this is only possible after a court has entered a judgment. Here's how Nebraska regulates wage garnishments.

Written by Attorney Paige Hooper.
Updated November 1, 2021

A wage garnishment order allows creditors to take money directly from your paycheck. Most of the time, this is only possible after a court has entered a judgment. Here's how Missouri regulates wage garnishments.

Written by Attorney Paige Hooper.
Updated October 21, 2021

A wage garnishment order allows creditors to take money directly from your paycheck. Most of the time, this is only possible after a court has entered a judgment. Here's how Massachusetts regulates wage garnishments.

Written by Attorney Paige Hooper.
Updated October 21, 2021

A wage garnishment order allows creditors to take money directly from your paycheck. Most of the time, this is only possible after a court has entered a judgment. Here's how Maryland regulates wage garnishments.