
Tina Tran is the managing bankruptcy attorney for Upsolve, the largest consumer bankruptcy non-profit in the United States. She 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. Before joining the leadership team at Upsolve, 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 predatorial lenders and debt collectors. 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.
Articles written by Attorney Tina Tran
Can You File Bankruptcy on Student Loans?
Written by Attorney Tina Tran.
Updated September 6, 2023
Yes. If you are 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. Department of Justice guidelines from Nov. 2022 have streamlined and simplified this process. It’s now possible for most filers with federal student loan debt to do this on their own without hiring a lawyer to help. To be eligible under the new guidance, your loans must be federal Direct Loans or Direct Consolidation Loans held by the Department of Education. 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.
Read More →3 Steps To Take if a Debt Collector Sues You
Written by Attorney Paige Hooper.
Updated August 25, 2023
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.
Read More →How New York’s Statutes of Limitations on Debt Protect You
Written by Attorney Tina Tran.
Updated August 21, 2023
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.
Read More →Can a Credit Card Company Sue Me if I Stop Paying?
Written by Attorney Tina Tran. Legally reviewed by Attorney Paige Hooper
Updated August 17, 2023
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.
Read More →Can I File a Chapter 13 Bankruptcy if I'm Unemployed?
Written by Attorney Tina Tran.
Updated August 8, 2023
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.
Read More →Is Chapter 13 Bankruptcy Worth It?
Written by Attorney Tina Tran.
Updated July 28, 2023
Chapter 13 bankruptcy is worth it when you do not qualify to file a Chapter 7 and have assets you want to protect.
Read More →City of Chicago’s “Fresh Start” Parking Ticket Debt Payment Plan Program
Written by Attorney Tina Tran.
Updated July 26, 2023
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.
Read More →Student Loans and Borrower Defense to Repayment: An Essential Guide
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.
Read More →How To File Chapter 13 Bankruptcy: A Step-by-Step Guide
Written by Attorney Tina Tran.
Updated July 12, 2023
Filing Chapter 13 bankruptcy is much like filing Chapter 7 bankruptcy, initially, but it does get much more complicated.
Read More →How To Get Perkins Loans Forgiven or Discharged
Written by Attorney Tina Tran.
Updated July 12, 2023
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.
Read More →Debt Forgiveness: The Options & Consequences
Written by Attorney Tina Tran.
Updated June 28, 2023
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.
Read More →What To Expect at Your 341 Meeting of Creditors
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.
Read More →How Does Bankruptcy Affect Alimony?
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.
Read More →Will Bankruptcy Affect My Citizenship Application?
Written by Your Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated February 24, 2022
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.
Read More →How To Respond to a Minnesota Debt Collection Court Summons
Written by Attorney Tina Tran.
Updated November 27, 2023
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.
How To Answer a Georgia Court Summons for Debt Collection
Written by Attorney Tina Tran.
Updated November 27, 2023
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.
How To Respond to a Debt Collection Lawsuit in Connecticut
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.
How To Answer a Florida Court Summons for Debt Collection
Written by Attorney Tina Tran.
Updated November 20, 2023
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.
Your Guide to Minnesota’s Debt Collection Laws
Written by Attorney Tina Tran.
Updated November 17, 2023
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.
How To Respond to a Colorado Debt Collection Court Summons
Written by Attorney Tina Tran.
Updated November 17, 2023
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.
How To Answer a Texas Debt Collection Court Summons
Written by Attorney Tina Tran.
Updated November 16, 2023
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 20 days (plus the following Monday) if you are served through district courts or county courts, or 14 days if you are served through the justice courts.
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.
Your Guide to New Jersey’s Debt Collection Laws
Written by Attorney Tina Tran.
Updated November 15, 2023
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.
Your Guide to Indiana’s Debt Collection Laws
Written by Attorney Tina Tran.
Updated November 15, 2023
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.
How To Respond to a New Jersey Debt Collection Lawsuit
Written by Attorney Tina Tran.
Updated November 14, 2023
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.
Your Guide to Colorado’s Debt Collection Laws
Written by Attorney Tina Tran.
Updated November 11, 2023
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.
How To Answer a Michigan Court Summons for Debt Collection
Written by Attorney Tina Tran.
Updated November 9, 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.
Connecticut Debt Collection Laws: Know Your Rights
Written by Attorney Tina Tran.
Updated November 8, 2023
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.
What is The Bankruptcy Means Test in Oregon?
Written by Attorney Tina Tran.
Updated August 16, 2023
Filing Bankruptcy In Evansville, Indiana
Written by Attorney Tina Tran.
Updated August 15, 2023
Filing Bankruptcy in Virginia Beach, Virginia
Written by Attorney Tina Tran.
Updated August 15, 2023
Please note that we don't operate in Virginia yet but look forward to expanding into your state. You're welcome to keep reading - our content is free for anyone looking to learn more about bankruptcy & filing without a lawyer.
Filing Bankruptcy in Newport News, Virginia
Written by Attorney Tina Tran.
Updated August 15, 2023
Please note that we don't operate in Virginia yet but look forward to expanding into your state. You're welcome to keep reading - our content is free for anyone looking to learn more about bankruptcy & filing without a lawyer.
Filing Bankruptcy in Portland, Maine
Written by Attorney Tina Tran.
Updated March 25, 2021
Filing Bankruptcy in Norfolk, Virginia
Written by Attorney Tina Tran.
Updated August 17, 2020
Please note that we don't operate in Virginia yet but look forward to expanding into your state. You're welcome to keep reading - our content is free for anyone looking to learn more about bankruptcy & filing without a lawyer.
Filing Bankruptcy in Chattanooga, Tennessee
Written by Attorney Tina Tran.
Updated August 17, 2020
Filing Bankruptcy in Kansas City, Missouri
Written by Attorney Tina Tran.
Updated July 28, 2020
Filing Bankruptcy in Roanoke, Virginia
Written by Attorney Tina Tran.
Updated July 28, 2020
Please note that we don't operate in Virginia yet but look forward to expanding into your state. You're welcome to keep reading - our content is free for anyone looking to learn more about bankruptcy & filing without a lawyer.
Filing Bankruptcy In South Bend, Indiana
Written by Attorney Tina Tran.
Updated July 27, 2020
Filing Bankruptcy in Hampton, Virginia
Written by Attorney Tina Tran.
Updated July 27, 2020
Please note that we don't operate in Virginia yet but look forward to expanding into your state. You're welcome to keep reading - our content is free for anyone looking to learn more about bankruptcy & filing without a lawyer.
Filing Bankruptcy in Terre Haute, Indiana
Written by Attorney Tina Tran.
Updated July 27, 2020
Filing Bankruptcy in Louisville, Kentucky
Written by Attorney Tina Tran.
Updated July 27, 2020
Filing Bankruptcy in Lexington, Kentucky
Written by Attorney Tina Tran.
Updated July 27, 2020
Filing Bankruptcy in Fort Wayne, Indiana
Written by Attorney Tina Tran.
Updated July 27, 2020
Filing Bankruptcy in Springfield, Missouri
Written by Attorney Tina Tran.
Updated June 12, 2020
What Is the Bankruptcy Means Test in Wisconsin?
Written by Attorney Tina Tran.
Updated July 30, 2019
What Is The Bankruptcy Means Test in Pennsylvania?
Written by Attorney Tina Tran.
Updated July 30, 2019
Florida Bankruptcy Forms for Chapter 7
Written by Attorney Tina Tran.
Updated July 9, 2019