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"Cheap Ways To File Bankruptcy" Discussion

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Professional Q&As for "Cheap Ways To File Bankruptcy"

Upsolve Community Member
2022-02-08

I feel really good about doing this without an attorney. However, what is the most difficult part of this process for you all and do you have any suggestions/advice? I really want this to be successful!

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Community Replies:

Upsolve Community Member
Upsolve has some really good tools and readings on how to be successful when filing Pro Se. Good luck!

Upsolve Community Member
The longest part for me was really taking the time to make sure I listed every asset (which in hindsight was nothing!). I painstakingly itemized every single thing in my apartment as I was so nervous about not being accurate. I also found reading every resource in the learning tool and the community posts really helped me too. Good luck!!

Upsolve Community Member
Hi Ivory and thanks for the question! Gen's comment reflects what I went through when I filed during the early Covid days in 2020. After going through a personal tragedy that already had me on the ropes, we had no idea what was going on with Covid at the time and my nerves were so shattered, I could barely function. I couldn't focus on everything...

Upsolve Community Member
...but I bought a cheap printer and folded my Murphy bed back up into the wall and had every form stack on the hard-wood floor. There had to be 15 form "stacks" (I hadn't memorized the form numbers!) that I kept...

Upsolve Community Member
....checking and rechecking. Here was this great service (Upsolve) that I had before me but I was afraid I was making silly errors. The task of focusing and not wanting to mess up a good thing was HUGE making filing at the courthouse one of the most important days I'd experienced in several years...

Upsolve Community Member
...Gen, the Learning Center is the GEM that Upsolve needs to do a better job promoting so us USERS can learn HOW to use so we can LEARN while DOING. Going through this emotional, stressful, life-changing process benefits us in more ways than one! Not only are we saving $$$ in attorney costs to file Chapter 7, but we are also receiving a giant booster does of badly-needed self-esteem and purpose! WE DID THIS! Good luck! :-)

Upsolve Community Member
2021-12-17

Almost exactly 2 years ago, I sold a car to Carvana because I could no longer afford the payment. I paid off the loan and then had about $5k left over. I was unemployed, so I used that money to help with food/rent for a year (after unemployment ended.) . Then I bought a cheap vehicle with the remaining 3K. Does this count as transferring valuable property in the past two years to someone outside the normal course of my financial affairs? Thank you

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Community Replies:

Upsolve Community Member
Hi Karen! I love the responsiblilty shown in adjusting your vehicle expense! Yay! Perhaps this article in the Learning Center will provide some guidance: https://upsolve.org/learn/can-i-transfer-property-before-bankruptcy/ You are on the right path and I wish you the best! :-)

Upsolve Community Member
If you're wondering if you can keep your new used car, I recommend reading the Upsolve article https://upsolve.org/learn/can-keep-car-file-bankruptcy/

Upsolve Community Member
2022-01-08

Hello, my work truck was repossessed last year due to losing my business cause of Covid. Lender wouldn’t work with me so we let them repossess it. Now I’m being sued for remaining balance owed. We were planning on filing chap 7 due to Covid lockdowns destroying our finances but still have to wait another year as we previously filed in 2015. My question is if this results in a judgement against me (bank levy etc) can it be discharged with a chap 7 filing??

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Community Replies:

Upsolve Community Member
Hi Kate!  I am sorry to hear about all the pandemic economic effects on you and your husband. Perhaps this article from the Upsolve Learning Center might assist you: https://upsolve.org/learn/judgment/

Upsolve Community Member
Hi Kate, Here is an Upsolve article to give you some guidance on this topic: https://upsolve.org/learn/type-debt-erase-chapter-7-bankruptcy/

Upsolve Community Member
More info on judgments: https://upsolve.org/learn/what-happens-if-a-creditor-gets-a-judgement/ I hope this info helps Kate. :-) 

Upsolve Community Member
were you a sole proprietor (1099) type worker OR was your business incorporated under a LLC or INC?  if it was an LLC or INC, you are potentially not personally liable for the debt and you can put your LLC or INC through a bankruptcy but to go that route since it would be a non-personal bankruptcy you'd have to have a lawyer involved in the bankruptcy for an LLC or INC.

Upsolve Community Member
Kate, I think you'll find helpful information in the article https://upsolve.org/learn/should-i-file-bankruptcy-after-repo/. You might also be interested in reading https://upsolve.org/learn/differences-sole-proprietor-and-llc-in-personal-bankruptcy/. Let us know if you have any more questions and we'll be happy to help!

Upsolve Community Member
2021-12-26

I currently am 25k in unsecured debt, i know that I can pay it off within a few years but I can also file bankruptcy now and have my credit heal as soon as the bankruptcy is finished. I have multiple late payments on multiple accounts and it would take a while for my credit to recover regardless. What should I do?

4 Reactions

Community Replies:

Upsolve Community Member
Hello Steve, You may be a good fit for filing bankruptcy now, but that is for you to decide given your current financial situation. Here is an Upsolve article to give you some guidance: https://upsolve.org/learn/should-i-file-for-chapter-7-bankruptcy/ Additionally you will need to pass the Means Test to file, read more here: https://upsolve.org/learn/chapter-7-means-test-calculator/

Upsolve Community Member
Steve, I filed with Upsolve in 2020. I agree 100% with Erin H. but your statement "I know I can pay it off... " What Erin and I don't know is your age, your ability to earn, your life objectives... so many factors! Make sure you understand that Chap 7 bankruptcy is on your credit records for 10 years. In my case, I was 65. Nobody hires 65 year olds but I still do have the ability to earn. But I'm a widower, empty nester... Read the "Should I file" articles (such as the one above) to help you decide.

Upsolve Community Member
One more thing, Steve: Make sure you contact each unsecured creditor and negotiate the terms (monthly payment, interest rate) you can afford during difficult times before making your decision. Good luck! :-). 

Upsolve Community Member
2022-01-01

What if the 3 months before filing I had poor spending habits and my purchases were outside of essentials, will my Chap 7 Case be discharged?

4 Reactions

Community Replies:

Upsolve Community Member
Rachel, this is a really good question. Thank you so much for asking it. It's not a requirement of bankruptcy that all the debt is for essentials- bankruptcy is your civil right, even if you may have made mistakes in the past. You still deserve a fresh start! 

Upsolve Community Member
The only concern is, depending on when purchases were made, the bankruptcy court might have questions about whether the debt was incurred with the intent to file bankruptcy. This can be considered bankruptcy fraud. You can learn more about that here: https://upsolve.org/learn/what-is-bankruptcy-fraud/ What's the most important is the timing- hope that article helps! 

Upsolve Community Member
If the purchases were on your credit card, I think you'll be interested in reading https://upsolve.org/learn/using-credit-cards-until-filing/. It gives some insight into how the court looks at certain charges. 


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    Upsolve is a 501(c)(3) nonprofit that started in 2016. Our mission is to help low-income families who cannot afford lawyers file bankruptcy for free, using an online web app. Spun out of Harvard Law School, our team includes lawyers, engineers, and judges. We have world-class funders that include the U.S. government, former Google CEO Eric Schmidt, and leading foundations. It's one of the greatest civil rights injustices of our time that low-income families can’t access their basic rights when they can’t afford to pay for help. Combining direct services and advocacy, we’re fighting this injustice.

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