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"How To File Chapter 7 With No Money" Discussion

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Professional Q&As for "How To File Chapter 7 With No Money"

Upsolve Community Member
2021-12-10

I do not want to feel like I am using bankruptcy as a copout. I have tried to pay down my creditors and have succeeded in paying off several trade lines; however a few of my credit cards are just too high for me to afford to pay my current bills, to survive and feed myself and pay off my credit cards it would take me over 20 years in order to do so. Unfortunately, my credit cards were closed before the pandemic offered some leeway to consumers to keep their cards open and all of my cards were closed but I paid those off. I am worried that I wasted my time paying off closed accounts. I have a few open cards that have no missed payments but every time I make a payment and my overall that goes down for some reason my credit score goes down with it. I have student loans that I am paying off after a consolidation and even though there is a government hold on having to pay them I’m still paying them down in order to avoid paying higher interest. I have noticed that since I started paying these down my credit score dropped about five points with each payment. I just want to start over and I don’t want to have to wait almost 8 years in order to do so. But I’m also worried because I do not have the money to pay down to a lawyer for a bankruptcy case. I have no assets so I’m not worried about having to fight for those. Does having no assets and no money to pay a lawyer prevent me from being able to file bankruptcy?

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Community Replies:

Upsolve Community Member
Welcome, Patricia - I'm so glad you found us. To answer your query on whether not having assets or money to pay a lawyer prevents you from filing - **absolutely not**. In fact, most people who file Chapter 7 bankruptcy find themselves in some version of that situation. 

Upsolve Community Member
https://upsolve.org/learn/how-to-file-chapter-7-with-no-money/ might be an interesting read for you. 

Upsolve Community Member
Hi Patricia, thank you for your detailed post! Let's separate your student loan debt issue from your consumer credit challenge. I cannot advise you on this subject but I can point you to a great article in the Learning Center: https://upsolve.org/learn/which-debt-should-you-pay-off-first/  As far as your student loans are concerned, I suggest checking out the new https://my.upsolve.org/rooms/18 section in this Community! :-)

Upsolve Community Member
2021-10-27

I would like to keep my car

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Community Replies:

Upsolve Community Member
Contact your Lender and tell them. They will send you a Reaffirmation  form. Put it as Exempt on Schedule C. include Form 108.

Upsolve Community Member
You can also learn more here! https://upsolve.org/learn/can-keep-car-file-bankruptcy/

Upsolve Community Member
This is an interesting option; so if I have a title loan that is almost exactly the cars worth, if I don’t reaffirm it will still be listed as included in bankruptcy but no future on time or missed payments would ever be reported? What’s to stop the lender from repossessing vehicle when there’s like $500 to $700 left? All that money paid only to find the car taken back because the lien survives the bankruptcy; or, would they be in violation if payments continued and they still took the car back?  This is where I get confused because reaffirming keeps me on the hook, but ensures car is mine if paid.  If no reaffirmation, what protections would I have to keep them from repossession at a whim? 

Upsolve Community Member
2022-01-05

In what cases can they take your car away? This is so scary! I don't have any debt on my car, I fully own it. The trade-in value of the car is $2,833.

5 Reactions

Community Replies:

Upsolve Community Member
Hi Lena, 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
Fortunately, there are also exemptions that might help if you don't owe money on your car and don't have any liens on your car. I think you'll enjoy reading https://upsolve.org/learn/chapter-7-bankruptcy-exemptions/. 

Upsolve Community Member
Really hope those articles help! Of course, everything depends on your individual circumstances, but many people find relief knowing that it's common to keep a car and file bankruptcy 

Upsolve Community Member
Please let us know if you have any other questions! 

Upsolve Community Member
2021-10-04

Can I file chapter 7 if I sue someone for a personal injury my dependent. I don’t plan on touching the money just giving saving it till there 21.

1 Reactions

Community Replies:

Upsolve Community Member
Hi Terri, thanks for your question! This article might help you learn more: https://upsolve.org/learn/keep-my-personal-jury-settlement-award/.

Upsolve Community Member
Cases with personal injury lawsuits can be complicated. You have the option of connecting with an attorney in your area for a free evaluation. You can start the process here: https://upsolve.org/find-a-lawyer/

Upsolve Community Member
2022-01-07

Can I file bankruptcy chapter 7 online if I don't use an attorney? The court where I have to file is not close to me, and I don't have a car or money to get there.

11 Reactions

Community Replies:

Upsolve Community Member
Yes Cleo, the Upsolve software is free to use to generate the forms needed for you to represent yourself in Chapter 7 bankruptcy. https://upsolve.org/how-we-work/

Upsolve Community Member
Here is a helpful Upsolve article on the topic of filing online: https://upsolve.org/learn/can-i-file-bankruptcy-online/

Upsolve Community Member
Your court may (or may not) have online filing and filing by mail options. You can search their website to see if that option is available to you!

Upsolve Community Member
Hi Cleo, Upsolve really makes the process of filing bankruptcy easier. If you decide to file online directly with a court, I highly recommend you review the https://upsolve.org/learn/pacer-guide/. It will help you become familiar with the electronic filing system. Some courts only allowed online filing with the Covid pandemic. With the new surge, some courts might again offer the opportunity to file online. The article https://upsolve.org/learn/courts-covid/ has some useful information about the online bankruptcy filing process.


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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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