2020 Best Invention

"Debt Attorney" Discussion

Upsolve is a nonprofit tool that helps you file bankruptcy for free. Think TurboTax for bankruptcy. Get free education, customer support, and community. Featured in Forbes 4x and funded by institutions like Harvard University so we'll never ask you for a credit card. Explore our free tool


Compiled by Upsolve Team

Live Community Q&A

763 Members Online · 5,543+ Posts

Professional Q&As for "Debt Attorney"

Upsolve Community Member
2022-01-12

Upsolve team and everyone in the community. Is it possible to take out a personal loan to pay off a private student loan, then declare bankruptcy chapter 13 on that personal loan. I have over $84,000 in student loan debt. Even if I got a personal loan for say $20,000 (not even sure if I can, never got a personal loan before), if i used that to pay off the private loan, can I declare bankruptcy on that personal loan?

3 Reactions

Community Replies:

Upsolve Community Member
Hi Thomas! I used Upsolve in 2020 to file bankruptcy after spending 3 years of hell in both criminal and civil court. My significant other turned out to be a Bernie Madoff. I just wanted to let you know where I am coming from. I learned a lot then and I continue to learn about topics in this Community. (Cont.)

Upsolve Community Member
I am going to be very clear here. Even if you were ABLE to get a loan -- if at the time you take out the loan(s) you plan to file bankruptcy, that is fraud on the creditor. If you lie about it on the bankruptcy petition or in the 341 Meeting of the Creditors, that is perjury. If you hide the loan proceeds in an attempt to keep them after bankruptcy that is fraud on the bankruptcy court. All are punishable by significant fines and jail time.

Upsolve Community Member
My former girlfriend of 12 years is in federal prison serving 8 years for fraud. I used Upsolve to file Chapter 7 to get out from underneath debt spent on attorneys to get 8 innocent people dismissed from the case. It's your call, Thomas. Good luck! :-)

Upsolve Community Member
You might find this helpful to learn more about the context of this: https://upsolve.org/learn/what-is-bankruptcy-fraud/ 

Upsolve Community Member
Clair's answer is a better answer to your question because it is educational. I was speaking from experience and the reason I eventually filed with Upsolve! Between the two methods, I'm hoping this not only answers YOUR question but serves as a moral guide for anyone in this Community viewing this thread. :-) 

Upsolve Community Member
Thomas, you might want to read Upsolve's article https://upsolve.org/learn/private-student-loans/ when you have time. 

Upsolve Community Member
2021-11-03

I am so thankful to Upsolve for helping me with my Bankruptcy. I lost my job and found myself unable to continue paying my debt. I could not afford an attorney and did not know where to turn. Finding Upsolve was a answered prayer after asking God for help. My Bankruptcy was discharged this past June 2021!! I can start over.

17 Reactions

Community Replies:

Upsolve Community Member
Congrats, Ruth!! 

Upsolve Community Member
2021-11-12

If I’m being garnished at work for 2 years. Do I say it with a law suit this year ? Or will there be another place to put it?

11 Reactions

Community Replies:

Upsolve Community Member
Great question! You'll want to make sure you list this in all of the following spots: (1) as a debt owed to the creditor that sued you, with their attorneys listed as additional notice recipients, (2) as a lawsuit within the last year, and (3) in yet another spot where it asks how much has been garnished from you recently.

Upsolve Community Member
Also check out https://upsolve.org/learn/when-wage-garnishment-stop-after-file/ so you know what to do once your case is filed! 

Upsolve Community Member
For more information on lawsuits, check out this article about https://upsolve.org/learn/what-happens-when-someone-sues-you/. When you go through the questionnaire, there will be a section where you can disclose information about the lawsuit and about the garnishment.

Upsolve Community Member
2021-12-07

Can you help me with a Chapter 11, Subchapter 5.

3 Reactions

Community Replies:

Upsolve Community Member
The Upsolve app is for Chapter 7, but there is an article https://upsolve.org/learn/reorganization-plan that describes some of the complexities involved in filing a Chapter 11. You might consider consulting a bankruptcy attorney if you decide a Chapter 11 is right for you. These https://upsolve.org/learn/how-to-find-the-right-bankruptcy-attorney-for-me might help. 

Upsolve Community Member
If you're still considering all of your bankruptcy options, you might find this article https://upsolve.org/learn/chapter-11-vs-chapter-13 useful. For instance, it points out that a Chapter 13 case will require a $310.00 court filing fee and the court filing fee for a Chapter 11 case is $1,717.00. 

Upsolve Community Member
Keep checking out our Learning Center and asking questions here! 

Upsolve Community Member
If you need to file a Subchapter V bankruptcy you should do so with the assistance of an experienced attorney. It's not designed for consumers and not straightforward like a simple Chapter 7. 

Upsolve Community Member
2022-01-04

Covid wreaked havoc on my life. I lost a second income and have not been able to keep my head above water because of Covid and marital issues. I'm grappling with filing a Chapter 7 or Chapter 13. I need to keep my car but I was told that Ford tends to repossess without a re-affirmation. I'm willing to do one, but I'm scared because they may not agree. Has anyone ever done a re-affirmation with Ford? If so, how did it go?

3 Reactions

Community Replies:

Upsolve Community Member
Hi Trice, I'm sorry to hear about your experience with COVID. Here is a helpful article to learn how to get a fresh start: https://upsolve.org/learn/should-i-file-for-chapter-7-bankruptcy/  Although I have no experience with Ford, you should know that most people can keep their car and get debt relief by filing bankruptcy. Here is an Upsolve Article that covers this topic: https://upsolve.org/learn/can-keep-car-file-bankruptcy/

Upsolve Community Member
Additionally the Upsolve Learning Center has a dedicated section on https://upsolve.org/learn/category/cars/ for your review. Do not hesitate to ask any questions along the way. Upsolve is here to help you.

Upsolve Community Member
I spoke to an attorney and my Chapter 13 payment would be around $900 or more for the secured debt and 20 percent of my unsecured debt. The problem is paying that would still be a struggle and on Chapter 13, working a second job might make it go up if I get one. I want to get my life back without worrying about a debt. Chapter 13 doesn't allow me to do that.

Upsolve Community Member
Whether or not you can file for Chapter 7 will depend on your income. The Upsolve article https://upsolve.org/learn/chapter-7-means-test-calculator/ goes through the calculations step-by-step. Lenders have their own unique company and financial priorities when it comes to repossession and reaffirmation agreements. Lenders have been known to rush to repossession when they get news that a borrower is going to file for bankruptcy. Regarding Ford, the Upsolve Help section mentioned Ford in the article https://help.upsolve.org/hc/en-us/articles/360006128354-How-Do-I-Reaffirm-My-Car-Loan-. I just Googled a couple of cases involving Ford, and there was a case where Ford failed to file the reaffirmation agreement with the court, so if you do decide to file a reaffirmation agreement, follow-up to make sure it's filed with the court! Also, check your contract to see if there's a clause that essentially says filing bankruptcy puts the borrower in default.  The Upsovle article https://upsolve.org/learn/reaffirmation-agreements/ explains some reasons why a reaffirmation agreement might not be allowed during bankruptcy.


It's easy to get help

Choose one of the options below to get assistance with your bankruptcy:

Free Web App

Take our screener to see if Upsolve is right for you.

Take Screener
9,136 families have filed with Upsolve! ☆
or

Private Attorney

Get a free bankruptcy evaluation from an independent law firm.

Find Attorney

Learning Center

Research and understand your options with our articles and guides.

Go to Learning Center →

Already an Upsolve user?

Read Support Articles →

News

    + Show Articles

    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.

    To learn more, read why we started Upsolve in 2016, our reviews from past users, and our press coverage from places like the New York Times and Wall Street Journal.