Debts

Learn about the different kinds of debt and how they’re handled in a bankruptcy case. (Hint: Most of them are wiped out by the bankruptcy discharge.)

Almost all types of consumer debt can be eliminated by filing bankruptcy. But, as with everything in life, there are some exceptions. If you need debt relief, learn how Chapter 7 bankruptcy can give you a fresh start.

This page is your home base for learning about how different types of debt are treated in bankruptcy.

Filter by content also tagged as:

Should I File For Bankruptcy or Try Debt Relief?

When a person cannot pay his or her debts, creditors can become extremely demanding in their attempts to collect debts. In some cases, debt collectors may harass individuals for payment of debts. However, if you do not have any money left over each month to pay your bills, you cannot manage to pay the debt regardless of what a debt collector tells you.

Read More →

What is Secured Debt?

Secured debt is connected to a piece of property that the bank can take back if there's a payment default. The most common type of secured debt are car loans.

Read More →

What To Do If You Don’t Remember Your Creditors

If you don't remember the creditors you owe when filing for bankruptcy, don't worry. In many cases, you can still erase the debts you owe.

Read More →

How to Get a Free Bankruptcy Consultation in New York?

Find a free Chapter 7 bankruptcy consultation in New York City. A bankruptcy attorney will help you decide between Chapter 7 and Chapter 13.

Read More →

How Can I Find a Free Bankruptcy Lawyer in New York City?

If you're looking for an affordable bankruptcy lawyer, look no further. Upsolve is a nonprofit that helps low-income Americans get the fresh start they need through Chapter 7 bankruptcy. We'll also help you look at other resources for affordable bankruptcy lawyers.

Read More →

Rebuilding Credit After Bankruptcy: It IS Possible!

A bankruptcy does not destroy your credit forever. Instead, following some simple tricks and taking advantage of the various credit repair tools can help you build a stronger credit report and higher credit score after filing for bankruptcy.

Read More →

Low Cost Bankruptcy: Do Good Options Exist?

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

Read More →

Legal Aid Bankruptcy Resources in New York City

Free legal aid nonprofits provide pro bono assistance to people who cannot afford bankruptcy attorneys. See if there's a legal aid nonprofit in New York City that can help you.

Read More →

Bankruptcy Attorneys: What to Look For?

Are you looking for a bankruptcy attorney? It is incredibly important to choose a bankruptcy attorney that is right for you.

Read More →

What is Unsecured Debt?

Unsecured debt is not tied to any property (collateral) and includes credit cards and medical debt. Chapter 7 and Chapter 13 cases eliminate most unsecured debts.

Read More →

How Do I Find an Affordable Bankruptcy Attorney?

Are you searching for an affordable bankruptcy attorney but having trouble finding an attorney you can afford? If so, Upsolve may be able to help. We assist users who cannot afford an attorney file for debt relief under Chapter 7.

Read More →

Can I Get Rid of my Medical Bills in Bankruptcy?

This article will explain what bankruptcy is and what type of bankruptcy may be beneficial to you, how your medical debt is affected by bankruptcy, and how you can get started on your journey to discharging your debt and obtaining a fresh start. 

Read More →

What is a Debt Collection Attorney?

If you are having trouble finding a debt collection attorney to help you with a lawsuit, you might want to consider filing for bankruptcy relief. You can file bankruptcy without an attorney to get rid of debts. Visit Upsolve to find out more about filing bankruptcy without an attorney.

Read More →

What are Non-Dischargeable Debts in a Bankruptcy Filing?

Non-dischargeable debts are debts that can’t be eliminated in a bankruptcy because the U.S. Bankruptcy Code doesn’t allow it. If you have non-dischargeable debts, a Chapter 7 bankruptcy case will not get rid of the debt. However, a Chapter 7 case can get rid of other debts so that you can pay non-dischargeable debts. Most debts are eligible for a discharge in Chapter 7.

Read More →

Do I Need Debt Consolidation?

Debt consolidation does not erase debt, but it can be helpful in reducing your interest rate on debt you owe.

Read More →

How to Get Veteran Debt Relief?

You can obtain veteran debt relief in one of several ways. If you cannot afford to pay your debts, filing bankruptcy may be the best way to obtain veteran debt relief.

Read More →

On my bankruptcy forms, should I list debts that appear on my credit report but I don't owe?

You should list debts on your bankruptcy forms that are on your credit report even if you don't think you owe them.

Read More →

What are Bankruptcy Friendly Credit Cards?

Find a bankruptcy friendly credit card so that you can have access to credit after filing for bankruptcy.

Read More →

Should I File for Bankruptcy for Credit Card Debt?

Credit card debt can prevent you from paying your day-to-day living expenses. By filing a Chapter 7 bankruptcy case, you can get rid of credit card debt while protecting your property. However, you need to qualify for Chapter 7 by having income that is below the average median income in your state.

Read More →

What Is an Automatic Stay In Bankruptcy?

The automatic stay stops the people and companies that you owe from trying to get their money. In most cases, the automatic stay goes into effect as soon as you file your paperwork.

Read More →

Should I File for Bankruptcy Or Try Another Debt Relief Option?

Many people considering bankruptcy also consider other debt relief options. Find out which is the best option for you to manage your debt.

Read More →

Will Chapter 7 bankruptcy lower my credit score?

According to the New York Federal Reserve, the credit scores of those who file for bankruptcy are higher than people in the same shoes who don't.

Read More →

Will bankruptcy stop a levy?

If creditors are threatening to levy your bank account, you may be worried about how you are going to pay your bills and living expenses if a creditor takes your money. Let’s go over some important information about levies and ways you can stop a levy.

Read More →

Should I list the original credit card, or the debt collection agency?

When you're listing the companies that you owe money to, you should list current owner of the debt. So if a debt collection agency bought your debt from the original credit card you owe money to, you should list the debt collection agency. 

Read More →

Are Student Loans Listed On The Forms If They Can't Be Erased

Yes. You should include all your debts on your bankruptcy forms, even if some cannot be erased. 

Read More →

If my spouse and I have joint debt, do I have to list them on my forms?

Yes, you do. You will list them as "someone who is legally obligated to pay your debts."

Read More →

I just took out pay day loans. Should I wait 90 days to file?

It is a good idea to wait at least 90 days to file after taking out payday loans or making any substantial purchases. This is because these types of transactions can make a trustee or judge suspicious and less likely to approve your bankruptcy. It looks like you are "cheating" - wracking up debt knowing that you could just get rid of it in bankruptcy right after.

Read More →

What does it mean to be "judgment proof?"

Being "judgment proof" means that you do not have anything for a creditor to collect if they sue you and win. As you can imagine, this means that they are not likely to sue you. It does not mean that they can't sue you, just that they probably won't be able to collect if they do decide to take you to court.

Read More →

What happens to my automatic stay if my case is dismissed?

*__The automatic stay will not go back into effect until the judge grants your motion to re-instate the case.__*

Read More →

What happens if I paid someone back in the year before bankruptcy?

First of all, kudos for being the kind of person who honors their debts and cares about maintaining relationships! When you are struggling with your finances, it can be difficult to pay the money you owe -- especially when you feel like you have to choose between paying back credit card companies and paying back the people you love.

Read More →

I am being sued by a creditor and I have an upcoming court date. What should I do?

It depends on how soon the court date is, and where you are in the process of getting ready to file your bankruptcy case. If your bankruptcy case hasn’t been filed by the court date, make sure you attend the hearing. Otherwise, the judge can potentially grant a default judgment against you simply because you didn’t show up. 

Read More →

Will my utility company take my deposit when I file bankruptcy?

Maybe. The utility company is allowed to keep any security deposit that you paid them before bankruptcy. They are also allowed to charge you a reasonable security deposit for future services after you file.

Read More →

A creditor is suing me. What should I do?

When you file your bankruptcy paperwork, you will need to mention this lawsuit. Don't worry - our system will ask you all of the relevant questions, so as long as you have your case information available when you get to that section, you should be good to go.

Read More →

Will my landlord be notified that I filed for bankruptcy?

It depends. If you are on a month-to-month rental agreement, then the landlord doesn't have to know that you filed. 

Read More →

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

__No__. In short, if you file bankruptcy, your social security number is the one the bankruptcy attaches to. A co-signer’s social security number will not be involved, and thus the bankruptcy does not go on their credit.

Read More →

What is Community Debt?

We explain what community debt is, what the community property states are, and how it can impact your bankruptcy.

Read More →

Do I need to list all of my creditors?

You should try to do your best to list all of the companies you owe money to on your bankruptcy forms.

Read More →

Can non-government private student loans get discharged?

Unfortunately, Upsolve is not a good fit for anyone trying to discharge student loans. We suggest you contact an attorney.

Read More →

If a creditor was charged off, do I still need to list them?

Yes, you need to list them. A debt being charged off by the creditor does *not* mean that you don’t owe it anymore; it only means that the creditor has decided the debt is uncollectible for accounting purposes.

Read More →

How to Answer a Summons When You Are Sued

If you have yet to begin filing bankruptcy you may choose to answer the complaint. A summons can certainly lead to more drastic legal actions when not handled properly. You have a certain amount of time to answer the summons and if you fail to answer it could result in a default judgment.  

Read More →

Can I get a credit card after filing for bankruptcy?

It's a myth that people won't be able to get a credit card after they file for bankruptcy. 

Read More →

If I have a debt that’s not dischargeable, should I still list it?

Yes. You must list every debt you have on our questionnaire. The court needs to know about all of them. 

Read More →

My credit is really bad. Will bankruptcy help?

The vast majority of people who have low credit scores see their credit scores increase post-bankruptcy. For academic research on this subject, check out [this study](https://www.newyorkfed.org/medialibrary/media/research/staff_reports/sr725.pdf "this study"). 

Read More →

I don’t have the names of my doctors. Is that okay?

Yes, that's fine. Just do your best when you write down the names, addresses, and amounts owed to your creditors. If possible, please Google around to find info you don't know off the top of your head.  

Read More →

What are the alternatives to Chapter 7 bankruptcy?

Bankruptcy is not right for everyone or every situation. If you're not sure whether bankruptcy is right for you, knowing what alternatives are available to give you some relief from your debts is a critical part of making the right decision for you and your family. Let's take a look at some of the most common bankruptcy alternatives.

Read More →

What if I Can’t Afford to Pay a Judgment Against Me?

If you have a judgment against you for the following reasons, you will not be able to erase your deb. Not being able to pay a judgment can subject you to the post-judgment collection process. These methods include wage garnishments, bank account levies, and judicial liens.

Read More →

How can I get free legal aid help?

If you’re filing for Chapter 7 bankruptcy, there is a good chance that you cannot afford an attorney to help you through the process. Attorneys are a great investment for people who can afford them, as they’re constantly available to answer questions and it is usually pretty easy to find an attorney who can take your case right away if you’re willing to pay them for it.

Read More →

Can bankruptcy help with payday loans?

Filing for Chapter 7 triggers the Automatic Stay which prevents the payday loan company from trying to collect the debt. If it is later discharged, you are no longer obligated to pay it back.

Read More →

What Goes into a Credit Score?

Your credit score is a combination of different factors such as payment history, types of credit, debt, and credit history that tell lenders who you are as a borrower. Being hands on about your credit score can help you take small steps toward a strong financial future.

Read More →

How much debt do I need to file for Chapter 7

There's no such thing as too much or too little debt when it comes to Chapter 7 bankruptcy. But, there are a lot of important factors to consider when determining if filing bankruptcy now is the best debt relief solution for you.

Read More →

Can Bankruptcy Stop Eviction?

Yes, bankruptcy can stop an eviction temporarily in most cases, but will not stop an eviction in the long term.

Read More →

How will bankruptcy affect my credit? 

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.

Read More →

Can I leave debts out of my bankruptcy?

Even though it might seem to make sense to leave certain debts out of your bankruptcy filing, you're not permitted to actually do so.

Read More →

Can filing bankruptcy stop a debt collection lawsuit against me?

In most cases, yes. In fact, facing a possible judgment or receiving one in a debt collection case is often why you might decide to file for bankruptcy. A debt collection lawsuit is a civil lawsuit (not criminal). These most often occur if a creditor has filed a suit against you for non-payment of a debt which may lead to the creditor garnishing your paycheck.

Read More →

What does it mean that my debts have been discharged?

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

Read More →

A Guide to Leases in Bankruptcy

A lease is an agreement between a lessor and lessee, usually involving rental property or a vehicle. Learn how to deal with your lease in a bankrutpcy so there are no unexpected surprises!

Read More →

Why you should not include credit card or personal loan debt payments in Schedule J (Expenses)

Since Schedule J is essentially a budget for life after bankruptcy and since you will not continue to pay your debts after filing for bankruptcy, don’t list your monthly credit card payments etc. on your Schedule J. Anything that gets discharged in your case, that you won’t continue to pay for should be left off your Schedule J.

Read More →

How to get your credit report for free

Your credit report has a lot of power over your daily life - whether that's when you go to get a new car or are applying for an apartment. In addition to using credit responsibly, keeping an eye on your credit report is one of the most valuable things you can do to make sure your financial house is as stable as possible. There are three ways to request a copy of your free credit report.

Read More →

Should I keep paying my credit cards if I’m going to file bankruptcy?

It’s important to understand that you don’t have to be late on credit card payments to file bankruptcy. But at the same time, if you are really facing a hardship and are struggling to make ends meet each month then it is absolutely ok to fall behind on payments before filing bankruptcy.

Read More →

What is a Debt Management Plan?

When you’re struggling with debt, your first step should always be to educate yourself about your options so you can make the best decision for you and your family. This article describes one possible option: a debt management plan, also known as a DMP. A debt management plan involves working with an agency to consolidate your payments. The agency will also work with your creditors to try to get you better terms, so you can pay off your debt more quickly.

Read More →

What is Debt Settlement?

Debt settlement is a type of debt relief that may allow you to settle your debts for less than the full amount due. Most debt settlement programs work by setting aside money to negotiate with, then making settlement offers one debt at a time. But, like any debt relief solution, debt settlement isn’t for everyone. In this article, you’ll learn more about how debt settlement works, the benefits of making lump sum payments, and the risks you should know about.

Read More →

What is credit counseling?

Credit counseling is not a debt relief solution in itself. Instead, it’s a starting point for people who are looking for the right solution.

Read More →

What is debt consolidation?

Debt consolidation is one of many possible options for debt relief. In simple terms, debt consolidation involves combining multiple debts into one obligation. However, there are risks and downsides associated with taking on this type of debt. This article describes how debt consolidation works, how it can be beneficial, and what pitfalls you may face.

Read More →

What is post petition debt?

This article will explain what “post-petition” means, what post-petition debt is, the difference between post-petition debt and debts you simply forgot to include in your bankruptcy forms, the effect of your discharge on post-petition debt and whether the timing of the discharge affects the new debt.

Read More →

Can Social Security Overpayments be Discharged in Bankruptcy?

If you owe money to the government due to an overpayment of social security benefits, you may be concerned about whether you’ll be able to eliminate this debt as part of a Chapter 7 bankruptcy. Keep reading to learn how to make sure you are able to discharge your debt for this overpayment.

Read More →

What To Do If A Creditor’s Address Changed After Filing

If you notice that your creditor’s address has changed on a document/letter they sent to you regarding your bankruptcy, it’s likely that they’ve already provided their new/updated address to the court.

Read More →

Can I file bankruptcy if I’m in a debt relief program?

Yes, you can absolutely file for bankruptcy relief even after attempting to work things out through an alternative debt relief program. Once your bankruptcy case is filed, you can stop making the payments under the debt relief plan you’re in (if you haven’t already) and your obligation to pay the debt will be eliminated for good when your discharge is entered. Continue reading to learn more about how the different debt relief options can impact your bankruptcy case.

Read More →

Cash Advances and Bankruptcy

A cash advance is exactly what it sounds like. Someone gives you cash, you pay it back. There are a variety of different forms of cash advances, but they all have this in common. You get cash in a certain amount. You pay it back with interest.  Getting a cash advance right before filing bankruptcy is a big red flag for a couple of reasons. This article explains how.

Read More →

Debt Consolidation v Bankruptcy – Which is Better?

Almost anyone who is experiencing difficulty paying their bills and considering filing for bankruptcy will come across advertisements or solicitations for something known as “debt consolidation.” This article will discuss the difference between debt consolidation and bankruptcy and give you some help in deciding which is better for you.

Read More →

Can attorney fees be included in bankruptcy?

Attorney fees can, and should, be included in any bankruptcy filing. The larger question is whether attorney fees can be discharged in a bankruptcy proceeding. The answer to that question is generally yes. In this article, we will explore what to look out for if you're trying to discharge attorney fees.

Read More →

Can I keep using my credit cards until I file bankruptcy?

Once you’ve decided that you’ll be filing bankruptcy to deal with your debt, you should not continue to incur new debt. That includes making new charges on your credit card, or getting a new loan. 

Read More →

Store Cards and Bankruptcy

Issuing credit cards to their customers is a favorite and quite effective marketing technique used by many retail stores. It makes the customer feel special and come back to take advantage of the “deals” only available to card holders. Common examples include Best Buy, Kohl’s and Apple credit cards. This article explores how store credit cards are treated in a Chapter 7 bankruptcy.

Read More →

How to Pay Off Credit Card Debt When You Have No Money

There are a number of strategies to put in place when you find yourself in credit card debt. Common advice includes tightening your budget, prioritizing your highest-interest accounts and negotiating with creditors. But those strategies only work if you actually have some money to put toward paying down your credit card debt. What are you supposed to do if you truly have little to no money to put toward your debt?

Read More →

When to Declare Bankruptcy

You have many options for debt relief. There are debt settlements, debt management plans, debt consolidations, and bankruptcy. Each option has pros and cons. The best choice for you will depend on your particular situation. Whether you should file bankruptcy and what type of bankruptcy to file is unique to your situation. Everyone's financial situation is different.

Read More →

Receiving Credit and Other Offers After Filing Chapter 7 Bankruptcy

Court cases and documents filed in court are part of the public record. The same holds true for bankruptcy cases. As a result, companies searching the court records will know that you filed for bankruptcy and will start sending you advertisements in the mail offering you their services, including offers to apply for credit. However, before you accept that offer for a new credit card or car loan, continue reading to learn what you need to consider and what your best options are.

Read More →

What is Debt and How Should I Handle It?

Debt is money borrowed that has to be paid back over a period of time. Lending institutions, like banks, will lend you money so you can make a purchase. In turn they expect you to pay them back, with interest. Debt can be classified in two broad categories: corporate debt vs. personal debt. Corporate debt involves loans between businesses and, generally speaking, has little to no impact on personal debt. This article will explain the most common types of consumer (personal) debt and how to handle it.

Read More →

City of Chicago’s “Fresh Start” Parking Ticket Debt Payment Plan Program

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 →

What Debts Can’t be Erased by Filing Bankruptcy?

Even though bankruptcy provides the most comprehensive debt relief for most folks who are struggling to make ends meet, it is not a way to get out of any and all debts. This means you need to carefully evaluate your debts to make sure that filing bankruptcy will actually help you improve your situation. After all, if most or all of your debts can’t be eliminated as part of your bankruptcy filing, the downsides of filing bankruptcy may outweigh the debt relief benefits your bankruptcy discharge provides.

Read More →

What are preferential payments in bankruptcy?

This article will explore what constitutes a preferential payment and why it matters to you if you’re thinking about filing a Chapter 7 bankruptcy.

Read More →

What are Priority Unsecured Debts?

We usually hear debts divided into two categories: secured and unsecured. A debt is secured if the lender has a security interest in some property and can take that property if you don’t pay. But, in bankruptcy, there are other important distinctions. Some unsecured debts get special treatment. In this article, we’ll explain the different types of unsecured debt, and what it means when a debt has priority.

Read More →

What happens if your debt goes to a collections company?

Most of us have a pile of “to-dos” that never seem to be done. For many people, this includes a stack of bills and debts that just keep getting higher. As much as you’d love to pay off that medical debt, there’s never quite enough to go around on payday. Having this debt hang over your head can be really stressful. A lot of people sit up at night, worrying about what will happen next to their debt. Read more to find out what debt collectors can – and can’t – do, how they might legally be able to claim that money, and how this might affect your credit history.

Read More →

What Is a Lien and How Does It Affect My Property

A lien is a property right held by a creditor to secure the creditor’s right to payment from the borrower. Once the creditor is paid in full, the lien is released and the borrower owns the property free and clear. This article will provide an overview of the different types of liens, how they arise, and provide some guidance and additional resources on how to deal with liens in a Chapter 7 bankruptcy.

Read More →

When Should You File for Bankruptcy?

Millions of Americans feel overwhelmed by debt, but that doesn’t mean all of them should file bankruptcy. There are multiple paths to debt relief, depending on your unique circumstances. Bankruptcy is only one. However, when other possible solutions, such as debt settlement and debt consolidation fall short, bankruptcy may be the most effective way to discharge debt and get the fresh start you need. Read on for more information about the different types of bankruptcy, and how to determine if filing might be right for you.

Read More →

Am I Responsible for My Spouse’s Debt?

Whether you are liable for your spouse's debts depends on a few different factors. First, you need to know if you live in a common-law state or a community property state. Second, what kind of debt is it? Is it tax debt? Is it a debt secured by your property? Third, if it is a credit card debt, are you a joint owner of the account, or are you only an authorized user? With any debt, you will be liable if you are a joint owner of the account. As a general rule, an authorized user on a credit card will not be liable. All these factors matter.

Read More →

How to Find Out What Debt Collectors You Owe

If it feels like you’re drowning in a sea of debt, it can seem impossible to find a life raft. Getting a handle on who you owe, and how much money you owe them is an important first step to sorting out your personal finances. Even though this can be intimidating and might feel hopeless, by going through everything and letting it air out, you’ll be able to take some concrete steps towards moving past your debts. This article will give you some tips for taking the bull by the horn and sorting out your financial life.

Read More →

What Happens if You Don’t Pay a Collection Agency?

Filing for bankruptcy relief does not mean that you have to give up everything you own. The purpose of filing a bankruptcy case is to get debt relief. The fresh start provided by filing a Chapter 7 bankruptcy would not be a real fresh start if the filer ends up losing all of their belongings. That's where the bankruptcy exemptions come in.

Read More →

6 Steps To Settling a Credit Card After Getting Sued

If you have a pile of unpaid debt from a credit card that you aren’t able to make even the minimum monthly credit card payments on, you might be facing a credit card lawsuit. Many companies will consider filing this kind of lawsuit about six months after someone stops paying. To avoid facing debt lawsuits, you can try to work out a settlement with your credit card so you can get some debt relief without paying the full amount of debt. Read on to learn some tips to prepare for negotiations.

Read More →

A Guide to Securing a Personal Loan After Bankruptcy

Filing bankruptcy gives you a fresh start, but what if you need to secure a loan after your discharge has been entered? While you're still at the mercy of lenders and financial institutions, getting a loan is not impossible. Guest Contributor Alicia Grayson has put together this short guide on everything you need to know about getting a post-bankruptcy loan.

Read More →

Can You Pay Student Loans with A Credit Card?

If you are struggling to make payments, you can use balance transfer checks or an intermediary service to transfer student loan debt to credit cards. An intermediary service, such as Plastiq, makes payments to the loan provider on your behalf. Making student loan payments with a credit card may have some benefits, depending on the card terms. But doing so also carries some serious risks. U.S. Department of the Treasury regulations prohibit lenders of federal student loans from accepting credit card payments. Although there are ways to get around these regulations, the real question you should ask yourself is: *Is it worth it? *

Read More →

What is a Proof of Claim in Bankruptcy?

A proof of claim is what creditors are required to submit to the bankruptcy court before they can receive any money from the bankruptcy trustee. It’s the creditors’ way of saying, “I’m owed money, and here is how much, and why.” The trustee and the person who filed bankruptcy are given an opportunity to review and may object to any proof of claim that is filed in the case. Let’s take a closer look at how this all works.

Read More →

Is there a way to keep a credit card I need when filing bankruptcy?

Unfortunately, there’s no way to keep a credit card, no matter the reason. If you owe a balance on the credit card, you have to list it as a debt. The debt will be discharged and the account closed by the creditor. Bankruptcy law requires that you list all of your debts. You are not allowed to simply “leave out” one of your credit cards. 

Read More →

Filing Bankruptcy to Deal With Your Student Loan Debt? Here are 5 Things You Should Know!

Everyone knows that it’s very hard to discharge student loans in bankruptcy. But that is not the same thing as saying that student loans can never be eliminated through a bankruptcy filing. Ultimately, it’s the bankruptcy court judge that makes the decision on whether someone should be able to eliminate their student loans through bankruptcy. Here are the five things you should know if you’re considering bankruptcy to deal with your student loan burden.

Read More →

How Can I Repair My Credit Myself?

This article will explain how credit reports and credit scores work and provide some simple but effective steps you can take that will help improve your credit score. You probably won’t be able to go from a 550 to a 800 credit score overnight but there are definite steps you can take that will help you repair your credit by yourself, without needing to hire a credit repair company.

Read More →

Why Is LVNV Funding Calling Me?

LVNV is a third party debt buyer. It buys charged-off debts from the original creditors such as credit card companies for pennies on the dollar. Even though these companies only pay pennies for these debts, they are able to collect the full amount of the debt.

Read More →

Bankruptcy for Senior Citizens

Filing any bankruptcy can be a complicated process but filing bankruptcy as a senior citizen can be especially challenging. This article will discuss when bankruptcy may be right for seniors, the types of bankruptcy and debt relief alternatives to filing for bankruptcy.

Read More →

Can A Credit Card Company Sue Me If I Stop Paying?

Failing to pay credit cards will result in a credit card company escalating its efforts to collect the debt. If these efforts fail, it will file a civil lawsuit to recover the debt. Once a creditor receives a judgment, it can take other measures, such as a wage garnishment, bank account levy, or judgment lien to satisfy the debt.

Read More →

Can A Judgment Creditor Take My Car?

Once a creditor files a lawsuit and is awarded a judgment by the court, it has several options to satisfy its debt. It can garnish wages or levy a bank account. It can also obtain a judgment lien and place it on real property such as a house or even personal property such as an automobile. This article will explain your options and how you can use them when a so-called judgment creditor files a lien on a motor vehicle.

Read More →

Can My Spouse Be Pursued for My Debts?

A judgment is a court order declaring that you do owe the debt and must repay it. How all of this can affect your spouse, if you are married, largely depends on whether you reside in a common law or community property state and the judgment-debtor laws of your state.

Read More →

Can an Employer Deny Me a Job Because of My Bad Credit?

Employers may be legally empowered to deny you employment based on the results of a credit check depending on where you live, who you’re hoping to work for, and the nature of the position for which you’re applying. But, a potential employer may be conducting a credit check only to evaluate targeted negative information. As a result, bad credit (generally) may not prevent you from landing your dream job even if your prospective employer checks up on your credit.

Read More →

Will I Go to Jail for Not Paying My Debts?

You can't be thrown in jail for not paying your credit cards and it's illegal for collection agencies to threaten you with jail time over the phone. Don’t be intimidated by such threats; be proactive, know your rights under the FDCPA, and research your debt relief options, such as credit counseling and Chapter 7 bankruptcy.

Read More →

Can My Social Security Disability Benefits Be Garnished?

If your sole source of income is Social Security retirement income, disability benefits, or other federal benefits, you’re judgment proof. As a result, a creditor can't secure a garnishment order or take money from your bank account.

Read More →

Will My Debt Disappear After 7 Years

The idea that if debt remains unpaid for 7 years it will simply disappear is a myth in the United States. If you’re under the impression that your unpaid debts will disappear after a 7 year period, you’re certainly not alone.

Read More →

Debt Collection Basics: Can I Pay Off Debts in Collection?

Learn how to tell if your debt is in collection, how you can use a payment plan to pay off your past-due debt and what steps you can take to stop stressful collection account activity.

Read More →

Can I Fix Negative Information on My Credit Report?

This article will explain how to obtain your credit report, and what types of information, both negative items and positive, will appear on that report. This article will also discuss the issue of “fixing” a credit report when misinformation appears on your credit history.

Read More →

Can A Debt Collector Take Me to Court?

A debt collector will make several attempts to collect on an outstanding debt before initiating a lawsuit. If you are worried about a debt collector taking you to court,, it’s important to understand your rights. This article will discuss whether debt collectors can take you to court, the steps to take if you are sued by a collection agency, and how to handle your debt-related challenges.

Read More →

Can a Creditor Garnish or Levy My Social Security?

You have worked hard your entire life, but now that you have fallen victim to difficult times, you stopped making payments on your credit cards and other debts. As a result, a creditor has filed a lawsuit against you and is seeking a judgment. Are you at risk of having your Social Security taken away from you? Continue reading to learn more about how federal law protects your Social Security benefits from garnishment, levy, or seizure in most situations.

Read More →

What Will Happen If I Don’t Pay an Unsecured Loan?

Unsecured debt includes credit card debt, student loans, personal loans, cash advances, medical debt, retail store accounts, and money borrowed from family or friends. This article will discuss unsecured debts, what happens if you default on these types of debts, and what options you have for dealing with them after defaulting.

Read More →

Can I Settle a Debt After a Lawsuit Has Been Filed?

It can feel overwhelming to be served with a lawsuit, especially if you’re being sued for unpaid debts. A lot of people face debt problems at some point in their lives. If you’re facing debt-related challenges, you’re not alone and you do have options. Even if you’ve been sued because of an unpaid debt, you can still potentially resolve the matter, as you can manage this debt in a variety of ways.

Read More →

What Do I Do About My Car Payment That Is Way Too High?

If you're like most people, you had to take out a loan to buy your car. Car loan payments usually rival health insurance, student loans, and housing payments for the highest expenses. This article will cover your options to reduce your car payment with or without bankruptcy.

Read More →

Unsecured Credit Debt

This article will help you understand what unsecured debt is, and how bankruptcy might be able to help you eliminate various unsecured debts. It will also discuss managing student loans, a type of debt that isn’t secured, but also usually isn’t dischargeable in bankruptcy.

Read More →

How Settling a Credit Card Debt Affects Your Credit Score

Settling a credit card account will resolve your debt, but before you commit to this course of action, please read on to learn more about the negative impacts a debt settlement will have on your credit score, alternative debt-relief options, and how you can turn debt relief into a positive opportunity to rebuild your credit over time.

Read More →

Will a Judgment Creditor Take My Car?

The short answer to the question, “Can a judgment creditor take my car?” is “Maybe.” Generally, creditors will only take a vehicle if your car has value.

Read More →

What Is the Process of A Nonjudicial Foreclosure?

Most states allow nonjudicial foreclosures, which permit states to proceed with foreclosure sales without first obtaining a court order. Because nonjudicial foreclosures are much faster and less complex, homeowners don’t have as much time to defend against these actions.

Read More →

9 Steps to Get Out of Credit Card Debt

You can use the avalanche or snowball method to pay off your credit card debt, but if your debt is more than you can pay, take time to learn about the different debt-relief options available to you.

Read More →

What Is a Judgment and What Do I Do About It?

Learn the nuts and bolts about judgments, where they come from, what happens when a creditor gets a judgment against you, and what you can do to minimize the consequences associated with debt-related judgments.

Read More →

What Is a Deficiency Judgment?

It's common that a deficiency balance remains after a foreclosure sale is complete. Whether the mortgage company chooses to pursue the deficiency balance depends on the amount of the deficiency and state law.

Read More →

What Personal Property Can be Seized When a Creditor Has a Judgment

Judgment creditors are empowered to seize the personal property of judgment debtors if their property doesn't fall within an exemption. Generally, creditors will not take your personal property because the cost and time of locating the property is usually not worth it to them.

Read More →

Secured Credit Cards and Bankruptcy

Because bankruptcy gives you the opportunity for a fresh start, it’s only the beginning of your financial journey, not the end. If your credit history is preventing you from getting a credit card, take advantage of secured credit cards as a way to rebuild your credit after bankruptcy.

Read More →

Can I Discharge a Private Student Loan in Bankruptcy?

Private student loans are loans extended by private lenders that are not backed by the federal government. This article will cover the limited relief methods available for private student loans. The article will also discuss dischargeability challenges in a bankruptcy filing.

Read More →

Payday Loans and Bankruptcy

Payday loans are short-term loans with very high interest rates that are due on the borrower's next payday. Learn how bankruptcy can help you get out of the impossible cycle created by payday loans.

Read More →

Judgments: How Long Do They Last and Will Bankruptcy Help?

How long a judgment lasts depends on state law. While most judgments only last for 5-10 years, some may be renewed for longer than 20.

Read More →

How to Dispute a Debt You Don’t Owe

Credit reports are supposed to be accurate, but it isn’t uncommon to find errors. Learn how to dispute misreported information.

Read More →

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.

Close

Considering Bankruptcy?

Try our 100% free tool that thousands of low-income families across the country have used to file bankruptcy themselves. We are funded by Harvard University, will never ask you for a credit card, and you can stop at any time.

Get Your Fresh Start