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Bankruptcy Basics

Learn the basics about how bankruptcy works and how it can give you a fresh start by eliminating your debt.

Bankruptcy is a powerful tool that allows you to eliminate debts you have no hope of ever paying pay off. If you’re wondering whether bankruptcy is the right debt relief solution for you, you’ve come to the right place! Here you will learn what bankruptcy is, how it can help you get a fresh start, and what the process is like.

Looking to learn the basics about how bankruptcy can relieve your debt? This page is your home base for resources to help you get your fresh start.

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Can I File for Bankruptcy Online?

Written by Attorney Andrea Wimmer
Updated May 21, 2024

Most bankruptcy courts don’t allow individuals who are filing bankruptcy without an attorney to file their bankruptcy forms online. However, filing your bankruptcy case with the court is only one of 10 steps to filing bankruptcy. Many of the other steps can be done online, like accessing the required bankruptcy forms, taking the two required credit counseling and financial education courses, and attending your 341 meeting of creditors (usually).

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What Is Chapter 13 Bankruptcy?

Written by Attorney Andrea Wimmer
Updated October 15, 2024

Chapter 13 bankruptcy can help provide debt relief for folks who make too much money to qualify for Chapter 7. At its core, it reorganizes your debt to allow you to pay back as much as you can handle over a 3–5-year payment plan. After you make all your plan payments and meet all the other requirements, the bankruptcy court will enter a discharge, which wipes out your remaining eligible debt.

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What Is Bankruptcy?

Written by Attorney Andrea Wimmer
Updated August 10, 2023

Bankruptcy is a legal tool to obtain debt relief and get a fresh start. Chapter 7 and Chapter 13 bankruptcy are the most common types. This article explores consumer bankruptcy basics, the different types of bankruptcy, and the bankruptcy process overall.

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How Long Does Chapter 7 Bankruptcy Take?

Written by Attorney Andrea Wimmer
Updated November 7, 2024

From filing to discharge (wiping out debts), Chapter 7 bankruptcy cases typically take 4–6 months. As far as personal bankruptcies go, Chapter 7 is the fastest. By comparison, Chapter 13 takes 3–5 years because a repayment plan is involved. If you file Chapter 7, the timeline for discharge will depend on how complicated your case is, what kind of debt you have, and how quickly you complete the requirements like the financial management course.

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What Is the 341 Meeting of Creditors?

Written by the Upsolve TeamLegally reviewed by Lawyer John Coble
Updated November 4, 2024

The 341 meeting of creditors is a required meeting between a bankruptcy filer, the bankruptcy trustee, and sometimes creditors. It's an informal hearing often held virtually. Even when in person, it's not in a courtroom and no judge is present. The main purpose of the meeting is for the trustee to verify the bankruptcy filer's identity and the information in their bankruptcy forms. Creditors can also attend and ask questions, but this isn't common in Chapter 7 cases.

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Every Type of Bankruptcy Explained

Written by Kristin Turner, Harvard Law Grad
Updated August 8, 2023

There are six different types of bankruptcies. Chapter 7 and Chapter 13 are the most common types of personal bankruptcy. Chapter 7 is also called a liquidation. It allows the filer to get rid of most of their debts without repaying anything. It works best for individuals without assets like a home. Chapter 13 bankruptcy puts the filer on a repayment plan and can help protect assets like a home. The goal of personal bankruptcies like Chapter 7 and 13 is to give the filer a financial fresh start and relieve them of debt they may never be able to repay. Businesses, farmers, and municipalities can also file bankruptcy under Chapters 9, 11, 12, and 15. These less common types of bankruptcy may be used to restructure or reorganize debt.

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Navigating Financial Aid During and After Bankruptcy: A Step-by-Step Guide

Written by Attorney Andrea Wimmer
Updated August 22, 2023

Filing bankruptcy does not prevent you from getting federal student loans or other types of federal financial aid. So if you filed bankruptcy in the past or you’re currently in a bankruptcy case, you can still get federal student aid. Also, you can file bankruptcy on student loans, and the process for discharging federal student loan debt in bankruptcy got easier at the end of 2022.

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How Often Can You File Bankruptcy?

Written by Attorney Andrea Wimmer
Updated April 3, 2023

There is no limit to how many times you can file a bankruptcy case in your lifetime. The frequency of your filings depends on how long it's been since your last bankruptcy case as well as the type of bankruptcy you previously filed — Chapter 7, Chapter 11, and Chapter 13 bankruptcy are the most common types of consumer bankruptcies.

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How Will Bankruptcy Affect My Credit?

Written by Attorney Andrea Wimmer
Updated November 28, 2021

Filing bankruptcy does not ruin your credit forever! If you need debt relief but are worried about how a bankruptcy affects your credit rating, this article is for you.

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What is Chapter 7 bankruptcy?

Written by Attorney Andrea Wimmer
Updated August 7, 2020

Chapter 7 bankruptcy is a type of bankruptcy case that can be filed by individuals, married couples, and businesses. It’s the most common type of bankruptcy and provides the fastest form of debt relief. Continue reading to learn more about how Chapter 7 bankruptcy works and what everyone filing a Chapter 7 bankruptcy should know.

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Should I File for Bankruptcy for Credit Card Debt?

Written by the Upsolve TeamLegally reviewed by Jonathan Petts
Updated November 7, 2024

If you're overwhelmed by credit card debt, filing for bankruptcy may be a way to erase it and get a fresh financial start. Many people consider options like credit counseling or debt management first, but bankruptcy can be a powerful solution when other methods aren't enough. This article will help you understand if bankruptcy is the right choice for dealing with your credit card debt.

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Frequently Asked Questions About Bankruptcy and Tax Refunds

Written by Attorney Andrea Wimmer
Updated October 30, 2020

It's pretty well-known that tax debts typically can't be discharged in bankruptcy. But what if you're getting a refund? This article answers some of the frequently asked questions about tax refunds and bankruptcy.

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Chapter 7 Bankruptcy Forms Explained

Written by Attorney Andrea Wimmer
Updated September 29, 2023

The Chapter 7 forms packet consists of a voluntary petition, schedules, and statements. The term “petition” is often used to describe the set of forms individuals filing for bankruptcy submit to the court. Here's a walk through of all of them.

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What Is a Bankruptcy Trustee?

Written by Attorney Andrea Wimmer
Updated November 13, 2021

The bankruptcy trustee doesn’t represent the filer and they don’t represent any specific creditor. They review the filer's forms and conduct the creditors' meeting.

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What Is a Bankruptcy Trustee?

Written by Attorney Andrea Wimmer
Updated November 13, 2021

The bankruptcy trustee doesn’t represent the filer and they don’t represent any specific creditor. They review the filer's forms and conduct the creditors' meeting.

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Bankruptcy Credit Counseling & Financial Management Courses

Written by Attorney Andrea Wimmer
Updated January 5, 2021

If you’re filing bankruptcy to wipe away your debt you’ll need to take two educational courses. A credit counseling course before filing your case and a financial management course after filing.

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What Is the Chapter 7 Bankruptcy Timeline?

Written by Kristin Turner, Harvard Law GradLegally reviewed by Attorney Andrea Wimmer
Updated September 29, 2023

Filing for Chapter 7 bankruptcy can be an intimidating and daunting process. Especially if it's not something you've ever dealt with before, you may not know where to begin or how it ends. Here is an overview of what to expect as you prepare for your Chapter 7 bankruptcy and what happens after your case has been filed with the bankruptcy court. 

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How Long Does Chapter 13 Bankruptcy Take?

Written by Attorney Jenni Klock Morel
Updated August 8, 2023

Chapter 13 bankruptcy typically takes three to five years. During that time, you’ll be on a repayment plan to repay some or a portion of your debts. There are a few factors that will determine how long your Chapter 13 repayment plan will last, including your income. At the end of a successful Chapter 13 plan, the remainder of your dischargeable debts will be erased.

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What Can Go Wrong at the Meeting of Creditors?

Written by Attorney Jenni Klock Morel
Updated May 25, 2022

Not much can truly go wrong at the meeting of creditors. To avoid any potential issues, make sure to bring approved documents to prove your identity and Social Security number, read the Bankruptcy Information Sheet, and review your bankruptcy petition so you can answer any questions the trustee may have about your case. If someone from the U.S. Trustee's office or a creditor's attorney shows up to ask questions, try to stay calm and just answer their questions truthfully.

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How to tell if you have property that is not protected by an exemption

Written by Attorney Andrea Wimmer
Updated August 10, 2020

Schedule A/B lists everything you own. Schedule C lists all everything you own that is protected by an exemption. Here is how you can tell what’s protected by an exemption by looking at your Schedule C, complete with an example to illustrate what it means when something is only partially exempt.

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Federal Bankruptcy Exemptions Explained

Written by Attorney Andrea Wimmer
Updated March 31, 2022

The laws that protect your property from creditors are called exemptions. The exemptions listed in the Bankruptcy Code are called federal bankruptcy exemptions.

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What Is a Reaffirmation Agreement and How Do You Use One?

Written by Attorney Jenni Klock Morel
Updated September 29, 2023

People who file bankruptcy are often concerned about what's going to happen to their car. Signing a reaffirmation agreement is one option that lets you keep your car and continue making the payments, but it's not the only option and might not be the best option in your situation. Read on to learn about how reaffirmations work and factors to consider when deciding whether to sign a reaffirmation agreement.

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5 Important Bankruptcy Questions (and Answers!)

Written by the Upsolve TeamLegally reviewed by Attorney Andrea Wimmer
Updated June 6, 2023

If you’re thinking about filing bankruptcy, you have questions. We’ll answer the most common bankruptcy questions for you right here so you can decide whether you want to take the next step in the bankruptcy process or explore other debt-relief options that might interest you.

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What are the Florida Bankruptcy Exemptions?

Written by Kristin Turner, Harvard Law Grad
Updated November 6, 2021

If you're a debtor filing for bankruptcy and you live in Florida, you'll be using the Florida bankruptcy exemptions to protect your property.

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Chapter 7 vs. Chapter 11 Bankruptcy

Written by Jonathan Petts
Updated July 20, 2023

Chapter 11 bankruptcy can be quite similar to Chapter 7 bankruptcy. But it's also really different. Learn how each type of bankruptcy can provide you with debt relief.

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What Are the Chapter 7 Bankruptcy Rules?

Written by Attorney Andrea Wimmer
Updated July 26, 2023

The Chapter 7 bankruptcy rules are not as difficult to understand as you might believe, but there’s quite a few of them. Keep reading to get a basic understanding of the Chapter 7 bankruptcy rules and ensure a successful Chapter 7 bankruptcy filing.

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What To Do If You Don’t Remember Everyone You Owe Money?

Written by Jonathan Petts
Updated November 21, 2020

If you're overwhelmed by debt collectors and collection agencies calling you to collect a debt, it can seem as though you'll never be able to remember who they all are. But, it's important to give the bankruptcy court a list of all of your creditors, so here are some steps you can take to make sure you didn't miss anyone.

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How Much Does It Cost To File Bankruptcy?

Written by Attorney Jenni Klock MorelLegally reviewed by Attorney Andrea Wimmer
Updated October 24, 2024

It can cost as little as $400 to file for bankruptcy or up to as much as $3,000 or more if you hire a bankruptcy lawyer. Bankruptcy costs include court filing fees, credit counseling course fees, and attorney fees if you hire a bankruptcy lawyer. The total cost will largely depend on your financial situation, the complexity of your case, and whether you file Chapter 7 or Chapter 13 bankruptcy.

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4 things you should know about the bankruptcy court system

Written by Attorney Jamie Lee Ruiz
Updated August 9, 2020

The bankruptcy court oversees bankruptcy cases filed in the United States. The court maintains the records for all bankruptcy cases.

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Low Cost Bankruptcy: Do Good Options Exist?

Written by Jonathan Petts
Updated November 30, 2020

Filing for bankruptcy can get expensive. Apart from finding an affordable bankruptcy attorney, there are ways to file at low cost.

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Requirements for Chapter 7 Bankruptcy

Written by Attorney Andrea Wimmer
Updated August 11, 2023

Deciding to file Chapter 7 bankruptcy should involve a review of everything that is required to successfully get a bankruptcy discharge after the bankruptcy filing. What follows is an overview of the requirements to file Chapter 7 bankruptcy and the requirements to getting your Chapter 7 discharge.

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Low Income Bankruptcy: Find the Option for You

Written by Kristin Turner, Harvard Law Grad
Updated October 14, 2020

There are special options available to low-income people filing for bankruptcy. Find out if one is right for you.

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Should I be Embarrassed About Filing for Bankruptcy?

Written by Kristin Turner, Harvard Law GradLegally reviewed by Attorney Andrea Wimmer
Updated November 30, 2020

Should I be embarrassed by a Chapter 7 bankruptcy filing? We'll let you know how you should think about your discharge of your debts.

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How Do I Find an Affordable Bankruptcy Attorney?

Written by the Upsolve TeamLegally reviewed by Attorney Andrea Wimmer
Updated August 20, 2024

While you don’t have to hire a lawyer to file a bankruptcy case, you may want legal assistance. If so, there are several resources you can use to find an affordable bankruptcy attorney, including your state bar association’s website, the National Association of Consumer Bankruptcy Attorneys, or a local legal aid organization. Many bankruptcy lawyers also offer a free consultation for prospective clients. You can get free legal advice during the consultation and learn more about the lawyer’s fees and options for paying them.

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Do I Qualify for Bankruptcy?

Written by Kristin Turner, Harvard Law Grad
Updated August 8, 2023

Do you qualify for bankruptcy? There are a lot of things to consider, and we try to break it down for you. At Upsolve, we provide free Chapter 7 bankruptcy services for those in need of a fresh start.

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Bankruptcy Filings in America - 2017

Written by Jonathan Petts
Updated July 22, 2020

Bankruptcy Filings in America continue to be an effective way for many people to obtain debt relief. Congress enacted the to allow Americans to file for bankruptcy relief. help people who have suffered a financial crisis that they cannot overcome without assistance. Upsolve helps individuals file bankruptcy cases to resolve their debt problems. You can file a bankruptcy case to obtain the debt relief you need.

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What Is an Automatic Stay In Bankruptcy?

Written by the Upsolve TeamLegally reviewed by Jonathan Petts
Updated October 23, 2024

An automatic stay is a powerful protection that kicks in as soon as you file for bankruptcy. It stops most creditors from trying to collect debts. This means they can't call you, send letters, garnish your wages, or start or continue lawsuits against you. The protection lasts until your Chapter 7 bankruptcy case ends or the court lifts the stay.

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Will Chapter 7 Bankruptcy Lower My Credit Score?

Written by Jonathan Petts
Updated August 1, 2023

Most people who have low credit scores and file for bankruptcy actually see their credit scores improve.

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What is bankruptcy fraud?

Written by Attorney Kassandra KuehlLegally reviewed by Attorney Andrea Wimmer
Updated December 18, 2020

Bankruptcy fraud is a broad term that describes a variety of actions that filers sometimes take to get an unfair advantage. Depending on what form that fraud takes, it’s considered a crime and is punishable by up to 5 years in federal prison and a (non-dischargeable) fine of up to $250,000. This article will explore some common types of bankruptcy fraud.

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Will Filing for Bankruptcy Stop a Levy?

Written by Jonathan Petts
Updated June 30, 2023

Filing bankruptcy can stop a bank levy. When you file bankruptcy, you get the protection of the automatic stay. Under the automatic stay, creditors can't try to collect from you in any way, including a bank levy. Other ways to stop a bank levy include: - Paying the debt (if possible - Negotiating a payment agreement with the creditor - Alleging that the credit made a legal error in the process to obtain permission to levy your account - Alleging that the statute of limitations to collect the debt has expired - Alleging that the funds in the account are protected from levy

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Should I File Bankruptcy Before Getting Married?

Written by Attorney Andrea Wimmer
Updated March 9, 2022

If you’re planning to get married and you also need to deal with debt, you’re probably wondering when to file bankruptcy and how it will affect your spouse. There are pros and cons to filing for bankruptcy before marriage as well as filing after marriage. If you want to start your marriage with a clean financial slate and you qualify for Chapter 7, that’s a relatively quick way to achieve that goal. If you already have joint debts with your spouse-to-be, you may want to file after you get married to take advantage of more generous exemptions.

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Can You Keep Your Checking Account During Chapter 7 Bankruptcy?

Written by the Upsolve TeamLegally reviewed by Jonathan Petts
Updated October 30, 2024

Most people who file Chapter 7 bankruptcy can keep their checking account if the money in it is protected by exemptions. This means your account balance is safe, as long as it doesn’t exceed the amount you’re allowed to protect under bankruptcy law.

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What is an Emergency Bankruptcy Filing?

Written by Attorney Paige Hooper
Updated July 12, 2023

An emergency bankruptcy filing is when you file only the minimum required forms to get a bankruptcy case going. It helps you file your case quickly. Emergency filings are helpful if you need to stop serious collection measures like repossession, foreclosure, or wage garnishment. Once you file an emergency bankruptcy case, you need to complete the remaining paperwork within 14 days or you risk having your case dismissed.

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Can I File for Bankruptcy After a Lawsuit?

Written by Jonathan Petts
Updated December 2, 2024

Yes, you can file for bankruptcy even after being served with a lawsuit or having a judgment entered against you. Bankruptcy offers a way to manage overwhelming debt and protect yourself from further legal action. Once you file, most lawsuits are paused through an automatic stay. This process can provide the relief and fresh financial start you need.

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How Do I Add a Creditor After I've Filed My Forms?

Written by Attorney Andrea Wimmer
Updated March 25, 2024

What follows is a step by step guide on how to add a creditor after filing bankruptcy. The process for this is often very specific and differs from district to district, but there are some things that are the same across the board. If you're an Upsolve user, you can use the case editor and the self-service amendment feature to update your forms.

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What does it mean to surrender your car in bankruptcy?

Written by Attorney Andrea Wimmer
Updated September 8, 2020

If you surrender your car as part of a Chapter 7 bankruptcy, your car debt is erased by the bankruptcy discharge.

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Should I Choose Federal or State Bankruptcy Exemptions?

Written by Kristin Turner, Harvard Law Grad
Updated April 19, 2022

The exemptions you choose will play a big role in determining how much of your stuff the trustee can sell to repay your creditors. Most Upsolve users select the federal exemptions, but the choice that's right for you will depend on your answers to two questions.

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What is an "Official Form 309A -- No Proof of Claim?"

Written by Kristin Turner, Harvard Law Grad
Updated August 7, 2020

The court sends this document to the creditors you listed on your bankruptcy paperwork when you file. It gives each creditor important information about your case and tells them what they need to do if they have a reasonable objection to your bankruptcy.

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What Happens to the Automatic Stay if My Bankruptcy Case Is Dismissed?

Written by Curtis Lee, JD
Updated July 27, 2023

If your bankruptcy case gets dismissed, your debts won’t be discharged and the automatic stay goes away. Without the protection of the automatic stay, debt collectors and creditors can resume collection activities. If your case is dismissed, you can file a new case or file a motion to reinstate your previous case. If this happens, there may be limits to the automatic stay.

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How do I file my bankruptcy forms by mail?

Written by Jonathan Petts
Updated July 22, 2020

We recommend bringing your bankruptcy forms to your local bankruptcy court to file in person. If you can't do that, you can mail the forms. 

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If I surrender my vehicle, will I be responsible for any balance owed?

Written by Attorney Andrea Wimmer
Updated July 22, 2020

No. Even if the car is sold for much less than what you owe on the loan, your personal liability to pay the loan is discharged.

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I might be moving to a new state. Should I wait to file until after I move?

Written by Jonathan Petts
Updated July 22, 2020

If you plan to move out of state within the next three months, it is usually better to wait to file unless your 341 meeting would occur before your move.

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What do I list as my address if I lived overseas 3 years ago?

Written by Kristin Turner, Harvard Law Grad
Updated July 22, 2020

Questions about your addresses on your bankruptcy forms are used to determine one of two things: 1. Which state you are eligible to file bankruptcy in and 2. Which state's exemptions you can use to protect your assets.

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Why doesn't my car appear on my exemptions list?

Written by Kristin Turner, Harvard Law Grad
Updated July 22, 2020

There are a few reasons that your car(s) might not be listed on your exemptions list.

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What is an asset in bankruptcy?

Written by Attorney Andrea Wimmer
Updated October 16, 2020

Everything you own is an asset. Whether your property is valuable enough to turn your case into an asset bankruptcy depends on what bankruptcy exemptions you can use to protect your property.

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If I file for bankruptcy, will it hurt my co-signer’s credit score?

Written by Kristin Turner, Harvard Law GradLegally reviewed by Attorney Andrea Wimmer
Updated October 30, 2021

No. A co-signer’s social security number will not be involved, and the bankruptcy does not go on their credit.

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How can I surrender my car in Chapter 7 bankruptcy?

Written by Kristin Turner, Harvard Law GradLegally reviewed by Attorney Andrea Wimmer
Updated April 12, 2022

"Surrendering" your car means that you give it back to the lender that gave you the loan to purchase it. If you surrender your car as part of your Chapter 7 bankruptcy, any debt that you owe on it will be eliminated when you receive your bankruptcy discharge.

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I want to redeem my car. When do I do it?

Written by Kristin Turner, Harvard Law Grad
Updated July 22, 2020

"Redeeming" your car means that you buy it from the lender that you financed it with for the fair market value of the car, paid to the lender in one lump sum. The rest of your loan is discharged.

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What Is Community Debt?

Written by Kristin Turner, Harvard Law Grad
Updated July 2, 2022

Community debt is any debt that you or your spouse incur while married or any debt for which you and your spouse are co-signers. There are 10 community property states where spouses or legal partners may have community debt. This article outlines the 10 community property states and how having community debt may affect your bankruptcy filing.

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I'm on SSI. How much does bankruptcy cost?

Written by Jonathan Petts
Updated July 22, 2020

If the only income you get each month is from SSI, bankruptcy is 100% free for you to file. Upsolve is totally free for you to use, and the court does not charge you any money for the filing fee. 

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Can I Keep the Money if I Win a Lawsuit After Filing?

Written by Kristin Turner, Harvard Law Grad
Updated January 26, 2022

If you file for Chapter 7 bankruptcy, your state's exemption law will determine whether you can keep the money from a lawsuit. Be prepared to give it up unless your state exemption law specifically says that you can keep the award.

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How Much Money Is Considered a Gift?

Written by Kristin Turner, Harvard Law Grad
Updated January 26, 2022

The bankruptcy forms ask whether you gave gifts with a total value of more than $600 per person in the two years before you filed for bankruptcy.

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If a Creditor Was Charged Off, Do I Still Need To List Them?

Written by Kristin Turner, Harvard Law Grad
Updated April 19, 2022

Just because a creditor has charged off a debt doesn't mean that you don’t owe it anymore. That's why you'll still need to list the creditor on your bankruptcy forms. Having a debt charged off only means that the creditor has decided the debt is uncollectible for accounting purposes.

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Should I use a law firm or file for myself?

Written by Kristin Turner, Harvard Law Grad
Updated July 22, 2020

This is up to you to decide. If you can afford $1000+ for an attorney, they are often a good investment. If you cannot, our team at Upsolve would love to guide you through your filing at every step of the way. 

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I receive money from social security. Can I file for bankruptcy?

Written by Kristin Turner, Harvard Law Grad
Updated July 22, 2020

Definitely. Getting money from social security does not disqualify you from filing for bankruptcy with Upsolve. You should take our online screener to see if you meet our either criteria. 

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What is some research on the benefits of bankruptcy?

Written by Jonathan Petts
Updated August 10, 2020

If you’re interested in the research around how bankruptcy helps low-income Americans, here are seven articles you should reach. The articles discuss how bankruptcy improves credit scores, employment outcomes, and future earnings. They also mention how bankruptcy stops wage garnishment and serves as a lifeline for people trapped in a cycle of poverty.

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What if I'm afraid to file for bankruptcy?

Written by Jonathan Petts
Updated July 22, 2020

Many people in the United States are afraid to file for bankruptcy because they do not understand that most people who file are financially better off in the long run. After filing, most people see their debt erased and their credit scores improved. If their wages are garnished due to judgments, bankruptcy stops wage garnishment. Bankruptcy also improves employment outcomes.

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Can I File For Bankruptcy After Moving To A New State?

Written by Attorney Andrea Wimmer
Updated August 1, 2023

Yes, you can file bankruptcy after moving, but it may get a little more complicated. If you're moving to a new state, or have recently moved, you’ll need to know which bankruptcy property exemptions now apply to you. In this article, we will discuss the timing issues and other factors that may accompany a recent relocation. 

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How To Deal With the Stress of Bankruptcy

Written by Jonathan Petts
Updated November 15, 2023

The stress leading up to bankruptcy can often be overwhelming and difficult to mange. Many people struggle with the emotional toll of being in a lot of debt. Luckily, you’re not alone and bankruptcy is a great way to get relief after difficult times.

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I’m a 1099 Contractor. How is My Bankruptcy Different?

Written by Attorney Eva Bacevice
Updated August 7, 2020

Much of the bankruptcy process is the same for people who are a full-time employee and people who are contractors. However, there are a few differences. When your income is not regular or easily predicted, you must demonstrate that you are eligible to file and ensure that it makes sense to file when you do.

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What To Do If A Creditor Violates The Automatic Stay

Written by Attorney Andrea Wimmer
Updated September 3, 2020

The automatic stay goes into effect as soon as your bankruptcy petition has been filed with the court and a case-number assigned to your case. The automatic stay prohibits creditors from trying to collect a debt from you. Creditors and their attorneys know that the bankruptcy court can order them to pay sanctions to the bankruptcy filer if they violate the automatic stay.

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Why Is the Trustee Asking Creditors To File a Proof of Claim?

Written by Curtis Lee, JD
Updated August 8, 2023

If your bankruptcy trustee is asking your creditors to file a proof of claim, it’s likely because the trustee discovered non-exempt assets in your case. Most Chapter 7 bankruptcy cases are no-asset cases. But if you have non-exempt property or assets, the trustee can liquidate or sell them. The funds from the sale are then used to repay your creditors at least part of what you owe. If a creditor wants to recover money through the liquidation process, they have to file paperwork called a proof of claim.

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I am planning to get married soon after I file. Will my bankruptcy affect my spouse?

Written by Kristin Turner, Harvard Law Grad
Updated July 22, 2020

Usually your individual bankruptcy will not affect your new spouse. If you are filing for a Chapter 7, is can be helpful to wait until after you receive your discharge to get married just in case.

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Car Co-Owner vs. Co-Signer: What’s the difference?

Written by Attorney Andrea Wimmer
Updated October 30, 2021

A co-signer on a car loan is obligated to pay the loan if the other person defaults on their payment obligation while a co-owner of a car has an ownership interest in the vehicle itself. This article explains how to properly disclose these relationships in your bankruptcy forms.

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My case was dismissed. When can I refile a new case or reopen my case?

Written by Kristin Turner, Harvard Law Grad
Updated December 30, 2020

As soon as a bankruptcy case is dismissed, the automatic stay ends and collections can resume. You can either reinstate your case or file a new bankruptcy one.

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If I received a discharge, when can I refile?

Written by Kristin Turner, Harvard Law Grad
Updated July 30, 2020

If your bankruptcy was fully discharged, you can refile bankruptcy after a certain amount of time has passed. If you file before the time limit is up, you will not be entitled to have your debts discharged.

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Is a bankruptcy discharge public record?

Written by Kristin Turner, Harvard Law Grad
Updated October 2, 2021

There are a few, limited ways that your bankruptcy becomes public record.This alone shouldn't stop you from choosing to file for bankruptcy.

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Does Bankruptcy Affect My Social Security Income?

Written by Attorney Paige Hooper
Updated July 26, 2023

Many people who receive Social Security benefits live on fixed or limited incomes. As a result, they may need to borrow money when faced with unexpected expenses. Repaying that money on a tight budget can be challenging, and debt can pile up quickly. Bankruptcy is one possible way to relieve that debt burden. Fortunately, in most cases, filing bankruptcy won’t affect your Social Security benefits. In bankruptcy, some Social Security benefits are treated as income, while others are treated as assets. This article covers which benefits are considered income and how that income can affect your bankruptcy. It also covers which benefits are considered assets and how you can protect them.

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Will Bankruptcy Affect My Citizenship Application?

Written by Your Upsolve TeamLegally 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.

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How to File Bankruptcy Without a Lawyer?

Written by Attorney Eva Bacevice
Updated July 27, 2023

There's nothing that says you have to hire a lawyer to get bankruptcy relief. You can file bankruptcy without a lawyer either by yourself or with the help of a legal aid organization.

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Will My Employer Find Out About My Bankruptcy?

Written by Attorney Eva Bacevice
Updated July 26, 2023

Your employer will most likely not find out about your bankruptcy case when you file.

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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.

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Bankruptcy Case Dismissals & How To Avoid Them

Written by Attorney Andrea Wimmer
Updated July 28, 2023

Many worry that their case won’t be accepted if they file bankruptcy without the help of a bankruptcy lawyer. Even though it’s scary to think that this may happen, it doesn’t really work that way. You are allowed to file bankruptcy without a lawyer. And, as long as you follow the bankruptcy court’s instructions and complete all required steps, the risk of having your case dismissed is actually pretty low.

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Can You File Chapter 13 Bankruptcy Online Yourself?

Written by Curtis Lee, JD
Updated July 20, 2023

Though there are online services that claim they can help you file a Chapter 13 bankruptcy by yourself, the success rate for people who file Chapter 13 without a lawyer is low. That’s because Chapter 13 cases include multiple types of debts and a repayment plan that can last from three to five years. It's not uncommon for filers to experience issues or changes while their Chapter 13 bankruptcy case is open, and it can be difficult to deal with those without legal help.

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Does Bankruptcy Affect My Disability Benefits?

Written by Attorney Andrea Wimmer
Updated August 15, 2023

Find out whether you can keep your social security disability benefits during your Chapter 7 bankruptcy.

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I got my Chapter 7 discharge! Now what?

Written by Attorney Eva Bacevice
Updated August 10, 2023

Monitor your credit report, stick to a budget, live within your means, rebuild your credit and live your life with a fresh start!

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Can I Leave Debts Out of My Bankruptcy?

Written by Attorney Paige Hooper
Updated August 8, 2023

You need to list all your assets and debts when you file your bankruptcy. Leaving debts out of your bankruptcy filing will mess up your income and expense calculations. It can also be grounds for criminal charges for bankruptcy fraud.

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Creditor Calling After You File Bankruptcy? Do This.

Written by Attorney Andrea Wimmer
Updated December 1, 2023

Creditors and debt collector aren't allowed to contact you after you file your bankruptcy case with the court. If a creditor contacts you anyway, it's usually by mistake. Answer the phone, tell them about your pending bankruptcy, and request that they stop calling. If they continue to contact you, let the court know right away, so they can put an end to it immediately and, if appropriate, punish the creditor for their conduct.

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What Is a Bankruptcy Discharge?

Written by Attorney Andrea Wimmer
Updated September 29, 2023

A discharge order that tells your creditors they are forever prohibited from asking you to pay your pre-bankruptcy debts ever again.

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How Does Bankruptcy Affect a Car Lease?

Written by Attorney Paige Hooper
Updated July 20, 2023

A car lease isn’t the same as a car loan. A lease is a contract to use a car for a period of time. It’s not considered a debt when you file bankruptcy. If you have a car lease and file Chapter 7, you can continue with the lease if your payments are current. Otherwise, you can give the car back and walk away from the lease. If you file Chapter 13, you’ll have more options for keeping the car, which we’ll explore in this article.

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Can I fire my bankruptcy lawyer?

Written by Attorney Eva Bacevice
Updated October 20, 2020

In this article we will explore what you should consider to make an informed decision about whether and when to find a new bankruptcy lawyer.

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What Is Equity?

Written by the Upsolve TeamLegally reviewed by Attorney Paige Hooper
Updated October 13, 2022

Your equity in a house or car (the dollar value that belongs to you, not the lender) is the current value of the property minus the amount you still owe on it. When you file bankruptcy, exemptions protect the equity you have in certain assets.

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Filing for Bankruptcy

Written by the Upsolve Team
Updated January 23, 2024

Although filing for bankruptcy can be a difficult decision to make, it is also a solution that will release you from crippling debt. Learn everything you need to know here before you get started.

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Who Pays for Bankruptcies?

Written by the Upsolve Team
Updated January 23, 2024

When individuals find themselves in debt, bankruptcy can be a solution that gives you a fresh start. But when someone files for bankruptcy, who pays for it? Learn more here.

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What Does It Mean That a Bankruptcy Is Public Record?

Written by Lawyer John Coble, Your Upsolve TeamLegally reviewed by Attorney Andrea Wimmer
Updated March 21, 2022

Bankruptcy cases are processed through the U.S. Bankruptcy Court, which is part of the federal court system. Like all other court documents, your bankruptcy petition becomes a public record. This means any member of the public can access the information on your bankruptcy forms either through PACER or by going to the courthouse.

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What Happens If I Declare Bankruptcy?

Written by Attorney Andrea Wimmer
Updated February 3, 2022

Overview of what to expect after declaring bankruptcy, including types of bankruptcy, the immediate debt relief benefits of filing bankruptcy, and important information about the Chapter 7 bankruptcy process.

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Does The Government Pay for Bankruptcies?

Written by Your Upsolve TeamLegally reviewed by Attorney Andrea Wimmer
Updated March 30, 2022

People filing for bankruptcy are struggling to pay their debts. Find out what type of costs to expect for Chapter 7 bankruptcy and who pays for it if you can’t.

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Verification of Creditor Matrix Explained

Written by Attorney Andrea Wimmer
Updated July 22, 2020

Learn about the verification of creditor matrix.

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How To Get a Fee Waiver for Free Bankruptcy Credit Counseling

Written by the Upsolve TeamLegally reviewed by Attorney Andrea Wimmer
Updated August 20, 2024

Everyone who wants to file for bankruptcy has to take a credit counseling course before they can do so. While there is a small cost associated with this requirement, it is possible to take the required course for free by requesting a fee waiver.

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What Does a Bankruptcy Discharge Do?

Written by the Upsolve TeamLegally reviewed by Attorney Paige Hooper
Updated August 9, 2023

A bankruptcy discharge is a court order that wipes out certain debts like credit card debts and medical bills. Once you receive a discharge, you're no longer legally obligated to repay the debts that were discharged. Some debts, like those that are secured by collateral, can only be discharged if you give up the collateral. In Chapter 7 cases, dischargeable debts will be eliminated in a matter of months. In Chapter 13 cases, the filers must complete their 3-5 year payment plan before their dischargeable debts are eliminated.

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Tips for Choosing a Bankruptcy Attorney

Written by Attorney Andrea Wimmer
Updated August 20, 2024

In this article, we'll explore whether you need an attorney to file bankruptcy, how you can make sure you hire the bankruptcy attorney that is right for you, and what kind of resources are available to find a bankruptcy lawyer near you. Learn how to choose the right bankrutpcy lawyer for your situation based on what matters most!

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