Attorney Tina Tran - Bankruptcy Attorney

Tina Tran received her Juris Doctorate degree and Certificate in Advocacy from Loyola University Chicago School of Law. She is licensed to practice law in Illinois and the U.S. District Court for the Northern District of Illinois. Tina ran her own consumer bankruptcy practice, which she started at the age of 28, defending debtors trying to get back on their feet against aggressive and predatory lenders and debt collectors. She was the managing bankruptcy attorney for Upsolve from 2019-2024. She believes in keeping the law simple and making it accessible for everyday people facing creditor lawsuits, wage garnishments, bank account freezes, foreclosures, and repossessions.

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Articles written by Attorney Tina Tran

Can You File Bankruptcy on Student Loans? Yes. Here's How.

Written by Attorney Tina Tran. Legally reviewed by Jonathan Petts
Updated June 9, 2025

If you're eligible, you may be able to get certain federal student loans discharged through Chapter 7 or Chapter 13 bankruptcy. After you file your bankruptcy case, you must take an additional step to start an adversary proceeding to have your loans discharged. In recent years, this process has been streamlined, and many filers with federal student loan debt have been able to do this on their own without hiring a lawyer to help. Only federal Direct Loans or Direct Consolidation Loans held by the Department of Education can be discharged through bankruptcy. Also, you must be able to show that you are unable to make payments but have made a good faith effort to do so in past years.

Written by Attorney Tina Tran.
Updated June 9, 2025

If you work in certain public sector jobs, you may qualify to have your Perkins Loan debt 100% forgiven or canceled in just five years. If your school closes, you become disabled, or you file for bankruptcy, you may also qualify to have your Perkins Loan discharged.

Written by Attorney Tina Tran. Legally reviewed by Jonathan Petts
Updated May 22, 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.

Written by Jonathan Petts.
Updated May 22, 2025

Chapter 13 bankruptcy is the second most common type of personal bankruptcy after Chapter 7. You’ll need to take several steps to file Chapter 13, and after you file your case you’ll stick with a 3–5-year repayment plan to get a successful discharge. Because Chapter 13 is complicated, it’s advisable to hire a bankruptcy attorney to help you file your case. Most people who represent themselves in Chapter 13 cases aren’t successful.

Written by Attorney Tina Tran. Legally reviewed by Jonathan Petts
Updated May 22, 2025

South Carolinians are protected by the state’s Consumer Protection Code, whose rules apply to both original creditors and third-party debt collection agencies. The CPC prohibits debt collectors from harassing you, deceiving you, or engaging in unfair practices when trying to collect on a debt from you. It also gives consumers the right to sue anyone who violates this law for damages or an injunction to stop or reverse the collection activity. The statute of limitations for credit card debt is three years in South Carolina.

Written by Attorney Tina Tran. Legally reviewed by Jonathan Petts
Updated May 22, 2025

If you live in Kentucky, your main line of defense against debt collectors will be the Fair Debt Collection Practices Act (FDCPA). This federal law regulates third-party debt collectors and aims to prevent harassment, deception, and other unfair practices in the debt collection process. It also outlines certain things debt collectors are required to do, such as provide you with certain information about your debt.

Written by Attorney Tina Tran. Legally reviewed by Attorney Paige Hooper
Updated May 22, 2025

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 Attorney Tina Tran. Legally reviewed by Jonathan Petts
Updated May 21, 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.

Written by Attorney Tina Tran. Legally reviewed by Jonathan Petts
Updated May 15, 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.

Written by Attorney Tina Tran. Legally reviewed by Jonathan Petts
Updated May 15, 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.

Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated May 8, 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.

Written by Attorney Tina Tran. Legally reviewed by Jonathan Petts
Updated May 8, 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.

Written by Attorney Tina Tran. Legally reviewed by Jonathan Petts
Updated May 8, 2025

If LVNV Funding reaches out to try to collect a debt, get informed about your rights and learn your options. First, make sure the debt is valid. If it isn’t, dispute it. If it is, figure out what you can pay and draft a settlement offer. Even if LVNV Funding sues you, you can still try to negotiate a settlement to pay less than you owe. Continue to respond to the lawsuit while you work out negotiations.

Written by Attorney Tina Tran. Legally reviewed by Jonathan Petts
Updated May 6, 2025

Central Portfolio Control Inc. (CPC) is a legitimate debt collection agency focusing on consumer debts. CPC collects consumer debts, mainly for banks and financial institutions. If CPC contacts you, you should first validate the alleged debt. After confirming the debt is yours, you can decide how to move forward. You can dispute the debt, if there are inaccuracies or if you disagree with the alleged amount. Or you can begin negotiations to settle the debt for less than the full amount you owe.

Written by Attorney Tina Tran. Legally reviewed by Jonathan Petts
Updated May 6, 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.

Written by Attorney Tina Tran. Legally reviewed by Jonathan Petts
Updated May 5, 2025

If you are sued for debt in Kentucky, the best thing you can do is respond and take action! If you are sued through circuit court or district court (not small claims), you need to file an answer within 20 days of receiving your summons and complaint. If you are sued through the small claims division of the district court, you don’t have to file an answer but you can file a counterclaim. Local rules vary from county to county, so it’s always best to check with your court to verify the best way to proceed with your case.

Written by Attorney Tina Tran. Legally reviewed by Jonathan Petts
Updated April 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.

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

If Velocity Investments contacts you to collect a debt, it’s critical to first validate the details of the debt account. If they aren’t correct, send Velocity a verification letter to dispute the debt. If you know the information is accurate and agree that you owe the debt, you can use the information in this article to negotiate a settlement for less than the full amount. If Velocity Investments sues you, you can still try to negotiate a settlement, but you should also respond to the lawsuit.

Written by Attorney Tina Tran. Legally reviewed by Jonathan Petts
Updated April 29, 2025

Unifin, Inc. is a debt collection agency. They collect different kinds of consumer debts such as past-due credit cards, medical bills, and loans. If Unifin is contacting you, make sure the debt is valid before you give them any information or make any payments. Since Unifin buys debts from original creditors and lenders, sometimes their information is wrong. If you do owe Unifin, consider negotiating a settlement to pay less than the full amount. Debt settlement is a common practice and a good way to put the matter to rest and ease your financial stress.

Written by Attorney Tina Tran. Legally reviewed by Jonathan Petts
Updated April 24, 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.

Written by Attorney Tina Tran. Legally reviewed by Jonathan Petts
Updated April 23, 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.

Written by Attorney Tina Tran. Legally reviewed by Jonathan Petts
Updated April 23, 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.

Written by Attorney Tina Tran. Legally reviewed by Jonathan Petts
Updated April 23, 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.

Written by Attorney Tina Tran. Legally reviewed by Jonathan Petts
Updated April 23, 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.

Written by Attorney Tina Tran. Legally reviewed by Jonathan Petts
Updated April 23, 2025

If Unifin contacts you to try to collect a debt, know your rights and fight back. Start by making sure they can validate the debt and its details. Then, decide what to do next. If you don’t owe the debt, dispute it. If you do owe it, negotiate a settlement for less than the full amount. If you get sued by Unifin, respond to the lawsuit using the information provided in this article.

Written by Attorney Tina Tran. Legally reviewed by Jonathan Petts
Updated April 23, 2025

If Midland Funding is contacting you, they’re probably attempting to collect a debt. Before you do anything else, determine if the debt is valid. If it is but you can’t afford to pay it in full, you can try to negotiate a debt settlement. If Midland files a lawsuit against you, read the details thoroughly and respond quickly. Use this article as your guide to take on Midland Funding successfully.

Written by Your Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated April 22, 2025

Whether you’re a U.S. citizen or not, you’re allowed to file bankruptcy if you reside in the U.S. Bankruptcy law doesn’t require filers to be U.S. citizens. If you aren’t a citizen, you may worry that filing bankruptcy can lead to deportation or having your immigration application denied. Luckily, that’s not the case. Neither the U.S. Citizenship and Immigration Services (USCIS) nor the Department of Homeland Security (DHS) consider bankruptcy cases when reviewing residency applications.

Written by Attorney Tina Tran. Legally reviewed by Jonathan Petts
Updated April 21, 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.

Written by Attorney Tina Tran. Legally reviewed by Jonathan Petts
Updated April 16, 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.

Written by Attorney Tina Tran. Legally reviewed by Jonathan Petts
Updated April 16, 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.

Written by the Upsolve Team. Legally reviewed by Attorney Paige Hooper
Updated March 10, 2025

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 Tina Tran.
Updated July 14, 2023

The Borrower Defense to Repayment program is a federal student loan forgiveness program. It allows borrowers to submit a claim for loan forgiveness if they were defrauded or misled by their school and this caused financial harm. If the claim is approved, the borrower may be eligible for loan forgiveness, including the discharge of their remaining loan balance, reimbursement of previous loan payments, and potential reimbursement of related expenses. The program has specific eligibility requirements and deadlines for filing claims.

Written by the Upsolve Team. Legally reviewed by Lawyer John Coble
Updated May 4, 2022

Alimony impacts your bankruptcy case differently if you’re paying alimony than if you’re receiving alimony. If you pay alimony, you must list it on your Schedule J as an expense. You must also usually continue to make payments while your case is pending and after you receive your bankruptcy discharge. Bankruptcy doesn’t eliminate your obligation to pay court-ordered alimony. If you receive alimony, you must list the amount as income on Schedule I and on the means test calculation form.

Written by Attorney Tina Tran.
Updated May 22, 2025

If you live in Indiana, your best protection against bad debt collector behavior is the Fair Debt Collection Practices Act (FDCPA). Under Indiana law, all debt collection agencies operating in the state must be licensed.

For the most common types of consumer debts (credit card and medical), the state of Indiana has a six-year statute of limitations time period.

Written by Attorney Tina Tran.
Updated May 22, 2025

Minnesota has a state law that regulates third-party debt collection agencies and debt buyers. The law aims to prevent debt collectors from engaging in harassment, threats, deception, and other misleading behavior when trying to collect a debt from you. This state law supplements the federal Fair Debt Collection Practices Act (FDCPA), which has a similar aim and even broader prohibitions.

The statute of limitations on credit card debt and medical bills in Minnesota is six years.

Written by Attorney Tina Tran.
Updated May 22, 2025

The Wisconsin Consumer Act (WCA) is a state law designed to protect consumers from unfair and deceptive business practices. Its primary purpose is to promote fairness and transparency in consumer transactions and ensure that consumers are not taken advantage of by unscrupulous businesses. Wisconsinites are also protected by the federal Fair Debt Collection Practices Act (FDCPA).

Written by Attorney Tina Tran.
Updated May 22, 2025

If you live in New Jersey, your greatest line of protection against debt collector deception and other bad behavior is the federal Fair Debt Collection Practices Act (FDCPA). This important federal law prohibits third-party debt collectors from harassing, deceiving, or otherwise abusing you in the debt collection process. Unlike many states, New Jersey hasn’t passed any state debt collection laws that provide further protections to its residents.

The statute of limitations is six years for most kinds of consumer debt in New Jersey.

Written by Attorney Tina Tran.
Updated May 22, 2025

Oregon’s Unlawful Debt Collection Practices Act aims to prevent debt collectors and debt buyers from engaging in unfair practices. It prohibits harassment and deception and requires transparency in the debt collection process. Oregonians are also protected by the federal Fair Debt Collection Practices Act (FDCPA). Both of these laws apply to third-party debt collectors and debt buyers, not to original creditors.

Written by Attorney Tina Tran.
Updated May 22, 2025

Colorado has two important state laws that help protect consumers: the Colorado Fair Debt Collection Practices Act (CFDCPA) and the Colorado Uniform Consumer Credit Code (UCCC). The CFDCPA protects consumers against third-party debt collector harassment and other bad behavior. The UCCC helps ensure consumers know the details of their debt and are treated fairly by lenders and creditors.

Written by Attorney Tina Tran.
Updated May 8, 2025

The process to respond to a debt collection lawsuit in Minnesota depends on which court you’re sued in. If you get sued in a small claims court (called conciliation courts in Minnesota), the process is simple and straightforward: You’ll get notification of the lawsuit and hearing and show up to the hearing to state your case.

If you’re sued in a district court, the process is more complicated. You’ll receive a summons and complaint from the person suing you. You answer them directly, but you can use a form from the courts. Then you either settle the case or wait for the debt collector to officially file the case in the court.

Written by Attorney Tina Tran.
Updated May 8, 2025

If you’re sued by a debt collector in Colorado, you’ll receive a summons and complaint. These official documents inform you of the lawsuit against you and the deadline you have to respond. You’ll also receive a blank answer form where you can write your response to the court, including any defenses you have. Then you sign the form and make copies. You’ll file one copy with the court clerk, send one via mail to the person suing you, and keep one for your records.

Written by Attorney Tina Tran.
Updated May 8, 2025

Though it may feel intimidating to get a court summons for a debt collection lawsuit, you can respond without hiring an attorney. To do so, you simply need to draft or fill out a few legal documents, including an answer form, a verification form, and a certificate of service. Then you give copies of certain forms to the court and to the debt collector who is suing you and await a hearing date from the court.

Written by Attorney Tina Tran. Legally reviewed by Jonathan Petts
Updated May 6, 2025

The state of Connecticut has two robust debt collection laws that protect its residents from creditor harassment and unfair practices in the debt collection process. Connecticut law also requires third-party collection agencies to be licensed. These laws accompany the federal Fair Debt Collection Practices Act (FDCPA), which seeks to protect consumers from exploitative third-party debt collectors.

Written by Attorney Tina Tran. Legally reviewed by Jonathan Petts
Updated April 23, 2025

If a debt collector sues you in North Carolina, your next step will depend on which court your case was filed in — small claims or a district court. If your case was filed in small claims court, you are not required to file an answer. You need to show up for the trial date on the summons.

If your case is heard in a district court, you must file an answer form within 30 days of getting notice of the lawsuit. You also have to send a copy of the stamped forms to the plaintiff (the person suing you). This guide explains each step.

Written by Attorney Tina Tran.
Updated April 21, 2025

If you’re sued for a debt in New Jersey, you’ll be notified with a court summons and complaint. These are official forms that tell you you’re being sued and what you’re being sued for. It’s important to respond by filing an Answer form with the court within 35 days. Otherwise, you can lose for not responding, which can lead to wage garnishment. You don’t have to hire a lawyer to successfully fight a debt lawsuit.

Written by Attorney Tina Tran.
Updated April 18, 2025

If you’re sued for a debt that’s less than $8,000 in Florida, your case will be a small claims case heard in a county court. You’ll receive notice of the lawsuit with a summons and complaint. You need to respond to the lawsuit by filing an answer form with the court and sending a copy to the person suing you. If you don’t, you risk having the judge rule against you without getting to tell your side of the story. Losing the case can result in wage garnishment or a bank account levy.

Written by Attorney Tina Tran.
Updated January 10, 2024

If you have a debt collection lawsuit filed against you in Texas, you will be notified with a summons and complaint. After receiving those notices, you need to file your response (answer) to the summons within 14 days if you are served through the justice courts. Most debt collection lawsuits in Texas are filed in a justice court.

File this paperwork at the court listed in the summons, deliver a copy to the plaintiff (the debt collector suing you), and exchange information with the plaintiff.

Written by Attorney Tina Tran.
Updated November 29, 2023

If you receive a court summons in Michigan, you will need to respond within 21 days (if you’re served in Michigan) or 28 days (if you’re served outside the state). To respond, you’ll need to file a written answer with the court named in the summons and complaint documents that notified you of the lawsuit. Be sure to make multiple copies of your answer form and to deliver a copy to the plaintiff (the person or company suing you). Finally, you’ll need to complete a certificate of service form after serving the plaintiff.

Written by Attorney Tina Tran.
Updated November 20, 2023

If a creditor or debt collector brings a debt collection lawsuit against you in Connecticut, you can fight it on your own! If you’re sued for $5,000 or less, your case will likely be heard in a small claims court. These courts aim to provide a simplified and expedited legal process.

Here are the basic steps of how to respond to a debt collection case in Connecticut:

1. Receive and read the Small Claims Writ and Notice of Suit.

2. Fill out the court-provided answer form — respond to the claim, explain your defense, and raise a countersuit (if applicable).

3. File your answer with the court.

4. Deliver a copy of your answer to the person suing you.

5. Attend scheduled court hearings or appearances, including mediation.