Deciding To File

If you’re asking yourself, “Should I file for bankruptcy?” we can help you. We walk through the bankruptcy means test and other things to consider.

Can a Married Person File Taxes Without Their Spouse?

A married couple filing income tax returns can choose to do so married filing jointly or married filing separately. In the past, the primary reason for filing separate tax returns was to shield one spouse from the tax liability of the other spouse. Couples filing separate returns paid much more in income taxes than couples filing joint returns. Today, with tax law changes, there are situations where filing separately can result in a lower combined tax burden.

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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.

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How Can I File Chapter 7 and Keep My House?

If after careful research you determine that Chapter 7 bankruptcy is the right choice for your circumstances, you may be wondering if it’s possible to wipe away credit card debt and other unsecured loans, but hang on to your house. The short answer is *it depends*. If you’re current on your mortgage and there is not much equity in your home, it is likely that you can keep your house. However, the opposite may be true if there is significant equity in the home, or if you are behind on your mortgage payments. Read on for more information about how filing Chapter 7 bankruptcy might affect your mortgage and property rights.

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What Happens if You Ignore Debt Collectors?

Most of us don’t like talking to debt collectors. Anxiety over past-due bills runs high enough. No one wants the added pressure of collection calls and threatening letters. To make matters worse, many people who have collection accounts feel powerless. When there isn’t enough money to go around, it may seem pointless to pick up the phone and talk to a collection agency. Even talking with an original creditor can be tough once your account moves into collection status. Fortunately, you have options for taking charge of your debt and rebuilding financial security. Upsolve is here to help you find the information you need to make the right decision for you and your family.

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When to stop using credit cards before filing Chapter 7

Once you know that you’re going to file bankruptcy, it’s time to stop using your credit cards. Ideally, you stop making new charges a few months before filing. However, that isn’t always possible. If you’ve recently made new charges and you’re close to your Chapter 7 bankruptcy filing date, take a look at those charges to determine if they were for necessities only. The most important thing is that you don’t make any charges with the intention of erasing those debts through bankruptcy.

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Can small business owners obtain debt relief through Chapter 13 bankruptcy?

Owning your own business has a lot of benefits. You’re the boss and you get to make the rules. On the downside, you take on a lot of risk, and you’re responsible for managing the books. This is doubly so when it comes to your bankruptcy filing. Read on to learn what you should know about business bankruptcy and Chapter 13.

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Guide to Bankruptcy Relief for Small Businesses

Small business owners who are struggling to pay the bills can often find relief, and even keep their businesses afloat, by filing business bankruptcy. But all bankruptcies are not created equal. To ensure that the outcome aligns with your goals, it is important to determine which type of bankruptcy is best for your unique situation.

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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.

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Reorganizing your debt? Know the differences between Chapter 11 vs. Chapter 13 bankruptcy

If you’re exploring how bankruptcy can help you deal with your debts, you’ll want to learn about the different types, called chapters of bankruptcy. The most well-known chapters of bankruptcy filed by individuals (and married couples) are Chapter 7, Chapter 13, and Chapter 11 bankruptcies. Each type of bankruptcy operates differently. A Chapter 7 liquidation bankruptcy case can erase debts without a repayment plan. A Chapter 13 reorganization bankruptcy case requires a repayment plan. A Chapter 11 case might include a repayment plan. Chapter 11 cases are mostly filed by businesses or people with significant assets and debts. Chapter 7 and Chapter 13 are the most common chapters filed by individuals. Read on to learn more about the differences between Chapter 11 and Chapter 13 bankruptcies.

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How to avoid an identity crisis about the way you make a living

If you’re not a traditional wage earner who gets a W-2 from their employer in January every year, you may be confused as to what you “are” when it comes to terms like self-employed, sole proprietor, independent contractor, gig worker, or small business owner. Let’s take a look at some important differences so you can map out your best path to lasting debt relief.

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How the Fair Debt Collection Practices Act Protects You

The Fair Debt Collection Practices Act (FDCPA) is a federal law that protects consumers from abusive, misleading, or harassing tactics by debt collectors. This article will explore the basic protections you’re given by the FDCPA and provide you with some helpful tips on how to deal with debt collectors who don’t follow the rules.

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How to Deal with Debt Collectors (when you can’t pay)

If you’re receiving calls from debt collectors about unpaid debt, there’s an obvious way to make it go away: Pay off the debt in question. But what if you’re at a point where it’s impossible for you to pay? It might seem like you’re out of options, but don’t despair - there’s a way out of this.

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Chapter 7 Document Checklist

Filing bankruptcy is a very document intensive process. This shouldn’t be a surprise, as the petition the filer submits to the bankruptcy court can be up to 100 pages long. Since preparing for a Chapter 7 bankruptcy can be stressful, scary, and confusing, it can be helpful to use checklists to keep yourself on track. In this article, we’ll look at what documents you’ll need to gather to ensure your case proceeds smoothly and without unnecessary complications.

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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.

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How to protect yourself from debt collector harassment

You work hard to pay your bills, but unfortunately, you fell behind on your credit card payments and negotiations with creditors failed. Now your credit card debt has been sold to a debt collection agency that harasses you with endless phone calls, at times even threatening you. Is there anything you can do? Is this even legal? How do you get the debt collectors to stop harassing you? Continue reading to learn about the law on unfair collection practices and what your options are to protect yourself.

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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.

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What’s the Downside of Filing for Bankruptcy?

If you’ve already tried everything to get out of debt and you’re still drowning, it’s normal to think that bankruptcy sounds almost too good to be true. After all, a Chapter 7 bankruptcy can eliminate your debts in as little as 4 months. Not to mention that the vast majority of personal bankruptcy filings actually allow the filer to keep all of their belongings. As with everything in life, there are some downsides to filing bankruptcy. Let’s take a look at what they are so you can decide whether filing bankruptcy is the right debt relief solution for you.

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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?

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I lost most or all of my income due to the coronavirus (COVID-19) outbreak. Should I file Chapter 7 bankruptcy?

As we all navigate the COVID-19 outbreak and resulting global pandemic, the single biggest impact being felt by every-day Americans is the loss or significant reduction of household income. With so much uncertainty about so many things surrounding the Coronavirus outbreak, many are stressed and worried about their finances and trying to plan ahead. This article will explore whether bankruptcy can give you the relief you’re looking for and what to keep in mind when it comes to timing.

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Why it can make sense to wait to file bankruptcy if your tax refund was taken by a student loan lender

There are not many creditors that can withhold, or set off, your tax refund before it ever hits your bank account. The most common instance of this is when the IRS keeps your refund and applies it to a prior year's balance owed. But that's not the only time this can happen. Another reason for the federal government to withhold all or a portion of your tax refund is if you're in default with federal student loans. Since student loans aren't automatically discharged in bankruptcy, this can be a blessing in disguise. However, timing matters, and depending on when your tax refund was taken by the government, you may be better off waiting a bit to file your bankruptcy case.

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How to get debt relief without risking your safety

Filing for bankruptcy protection can be a powerful step towards not only financial freedom, but freedom from financial oppression. It is possible to get this relief without risking your or your children’s safety. This article is all about making sure that your abuser can’t use the bankruptcy court system to further victimize you. 

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Spending money before filing Chapter 7 bankruptcy

While it seems strange, sometimes folks in need of bankruptcy relief have money that they need to spend before their case can be filed to maximize their fresh start by getting set up in the best possible way. Even if you don’t have a bunch of money to spend before filing your case, it’s important to know what to avoid in the months leading up to your filing, so you don’t inadvertently make your case more complicated than it needs to be.

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Tax Credits and Bankruptcy

Tax credits reduce the total tax owed by the individual or family claiming the credit. Many low-income families have all or a portion of such a tax credit refunded to them once their tax return is filed and their eligibility to claim the credit confirmed by the Internal Revenue Service. This article will review some of the most commonly used tax credits available to low-income individuals and how these credits are treated in a Chapter 7 bankruptcy.

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How Long After Filing Bankruptcy Can I Buy a House?

Many people are concerned that filing bankruptcy will prevent them from buying a house in the future. The truth is, filing bankruptcy doesn’t prevent you from buying a house. A bankruptcy filing can be your first step toward homeownership. Many real estate agents and mortgage brokers have relationships with bankruptcy attorneys. In some cases, you don’t even have to wait until your bankruptcy is over before buying a home.

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What are the advantages of filing bankruptcy?

Bankruptcy can do wonderful things for you and while many bankruptcies have some risk, others are so simple that you can file without having to pay for an attorney. Continue reading to learn more about the advantages of filing bankruptcy.

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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. 

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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.

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What is a luxury item and why does it matter for my Chapter 7 bankruptcy?

A luxury item is something that is not reasonably necessary for your maintenance and support. It’s something you don’t need to live. Non-luxury items, on the other hand, are things you purchase to cover necessities for yourself and your dependents. Things like groceries, utilities, rent, and gas. The term luxury item includes both products and services that cost more than $725.

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Giving gifts before filing bankruptcy

The bankruptcy system doesn’t care about the fact that you purchased your kids some toys for Christmas, or that you’re giving a friend a $10 gift card for their birthday. But, you will be required to list all persons who received gifts with a combined value greater than $600 within the 2 years before your bankruptcy case is filed. This article discusses how gift giving is viewed in a Chapter 7 bankruptcy.

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Can I file bankruptcy with my deceased spouse?

No, you can't file bankruptcy jointly with your late spouse. But, you can (and should) make sure that all of their debts are listed on your schedules so any payment obligation you may have to the creditors can be discharged in as part of your case.

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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.

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How to File Chapter 13 Bankruptcy: A Step-by-Step Guide

Filing chapter 13 bankruptcy is much like filing chapter 7 bankruptcy, initially, but it does get much more complicated.

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What is the presumption of abuse in bankruptcy? 

While every American has the right to file a Chapter 7 bankruptcy,there are specific income requirements you must meet to be eligible for a Chapter 7 discharge. If your current monthly income exceeds these limits, then a presumption of abuse exists in your bankruptcy case. This article will explain what the presumption of abuse is, why it exists when it arises, and how it can be overcome. Finally, we take a brief look at what it means to file Chapter 7 even though a presumption of abuse exists in your Chapter 7 bankruptcy case.

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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.

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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.

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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.

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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.

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Can Bankruptcy Help Discharge Traffic Tickets, Court Fines, and Road Tolls

If you have any traffic tickets or court fines, then filing bankruptcy may help you get out of debt. You will first need to determine which Chapter of bankruptcy will be most helpful in your situation. At Upsolve we provide the tools you need to file a Chapter 7 bankruptcy without the help of a bankruptcy lawyer. If you feel more comfortable using a bankruptcy lawyer we can help you find one.

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Can Filing Chapter 7 Bankruptcy Help Get Back Garnished Wages?

Many people who end up with a wage garnishment are already strapped for cash and can’t afford to have money taken out of their checks every week. Filing for bankruptcy is one of the ways to stop a wage garnishment.

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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.

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What Is A Co-Debtor and How Does My Bankruptcy Affect Them?

When you file bankruptcy, your co-signers will remain responsible for paying the debt that they co-signed for that is discharged in your bankruptcy. As long as they continue to pay the debt, your bankruptcy will not affect their credit.

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Can I File Bankruptcy with No Money While Being Unemployed?

Your ability to file a bankruptcy case is not dependent on your employment status. Being unemployed is a common cause when it comes to reasons to file bankruptcy, and it is possible to file bankruptcy with no money. If you’re unemployed, consider the factors and information discussed below when making your decision about whether bankruptcy is right for you.

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Do I Need to Include My Spouse’s Income and Expenses?

Married couples don’t have to file bankruptcy together. Depending on their situation, it may make sense for only one spouse to file. This article explains what information the filer needs to include with respect to their spouse’s income and expenses.

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Using A Fee Waiver For Free Bankruptcy Credit Counseling

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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How to find the right bankruptcy lawyer for your case

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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What You Need To Know About Divorce And Bankruptcy

Divorce and bankruptcy often go hand-in-hand. Financial strain can accelerate marital strife just as easily as pending separation can negatively impact your financial stability. While you may need to seek legal relief on both fronts, it is important to know how they impact one another, and that your personal circumstances will determine the best order to address them.

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What is a Bankruptcy Discharge?

The bankruptcy discharge is the order from the bankruptcy court that relieves the filer of the obligation to pay their discharged debts. It also prohibits creditors from ever trying to collect on that debt ever again. In other words, the discharge is a filer’s main goal in a bankruptcy, whether that’s a Chapter 7 bankruptcy or Chapter 13 bankruptcy. Let’s take a closer look at how this all works, what debts can’t be discharged, and what this all means for you.

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How to pass the Chapter 7 Means Test?

The Chapter 7 “Means Test” forms can be confusing, but do not let it deter you from pursuing a fresh start. You have options.

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Bankruptcy Lawyers Near Me - Filing for Bankruptcy (Free)

Where do I find the best bankruptcy lawyer near me? That’s a question that many people are attempting to find the answer to. Get a fresh start with one of our expert bankruptcy attorneys at no cost to you.

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What is Equity?

Equity is calculated by taking the value of your property and subtracting any outstanding loans you have on it.

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Steps to Take if a Debt Collector Sues You?

There are three steps you can take if a debt collector sues you. You can bypass all three by filing for bankruptcy.

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Will I lose my personal injury settlement award if I file for bankruptcy?

Whether or not you can keep your personal injury settlement award when you file for bankruptcy depends on a number of different factors.

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What are bankruptcy payments?

Bankruptcy payments can include the cost of filing, attorney fees, payments to your creditors, and other administrative fees.

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Can I keep money I receive from a lawsuit in bankruptcy?

Yes, you can usually keep a personal injury award to the extent it is protected by exemptions, either federal exemptions or your state’s exemptions.

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Can filing bankruptcy stop a debt collection lawsuit against me?

Yes, in many cases, a debt collection lawsuit is the exact reason why people file for bankruptcy relief.

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How to File Chapter 13 Bankruptcy in 2020: A Step-by-Step Guide

Filing chapter 13 bankruptcy is much like filing chapter 7 bankruptcy, initially, but it does get much more complicated.

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How Long Does Bankruptcy Stay on My Credit Report?

Most people who file for bankruptcy are looking to build healthier financial futures. So, it’s only natural that bankruptcy filers often worry about how bankruptcy affects their credit report and FICO score. One of the most common questions a bankruptcy attorney hears is “How long will the bankruptcy stay on my credit report?” How long bankruptcy stays on your credit report depends on which type of bankruptcy you file.

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Should I File Bankruptcy for My Business?

If you're in debt because of your business, bankruptcy may allow you to wipe your slate clean.

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Does Bankruptcy Affect My Disability Benefits?

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

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How to Get a Reaffirmation Agreement in Chapter 7 Bankruptcy?

A reaffirmation agreement is a binding contract, and as such you should give careful consideration to the costs and benefits prior to entering into one.

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When is Chapter 13 Bankruptcy Better than Chapter 7 Bankruptcy?

If your main intention is to keep secured non-exempt property and catch up on past due-payments, a Chapter 13 might be the better choice.

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When is Chapter 7 Bankruptcy Better than Chapter 13 Bankruptcy?

If you qualify to file a chapter 7 bankruptcy, and you do not have significant assets to protect, a chapter 7 is probably your best option.

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How to File Chapter 7 with No Money?

Upsolve can help you file Chapter 7 bankruptcy with no money down if you qualify.

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Why do Bankruptcy Cases get Dismissed?

There are three main reasons for dismissal; you do not meet the eligibility requirements to file, there was a procedural error, or the case involves fraud or was filed for fraudulent purposes.

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Can You File Chapter 13 Bankruptcy Online Yourself?

There is no "TurboTax" option to file Chapter 13 bankruptcy online.

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Can Bankruptcy Stop Eviction?

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

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Can I File a Chapter 13 Bankruptcy if I am Unemployed?

You do not have to be employed to file a Chapter 13 bankruptcy, but you do have to have the capability to make monthly payments to your trustee.

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Is Chapter 13 Bankruptcy Worth It?

Chapter 13 bankruptcy is worth it when you do not qualify to file a Chapter 7 and have assets you want to protect.

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Does Bankruptcy Affect Alimony?

You will still be obligated to pay alimony if you file for bankruptcy. Alimony is not a dischargeable debt.

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How much debt do I need to file for Chapter 7

You cannot have too little or too much debt to file for Chapter 7.

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How to File Bankruptcy Without a Lawyer?

You are not required to hire an attorney to file bankruptcy. You can do so for free, or with a legal aid organization.

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Will My Employer Find Out About My Bankruptcy?

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

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Will Bankruptcy Affect My Citizenship Application?

You can still file for bankruptcy without being a United States citizen, but your immigration and citizenship applications may be affected.

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How Does Bankruptcy Affect My Retirement?

Your retirement savings usually aren’t affected by bankruptcy. After you file, saving for retirement after bankruptcy might be even easier than before.

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Is bankruptcy discharge public record?

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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Chapter 7 Bankruptcy: What Can You Keep?

Chapter 7 bankruptcy exemptions allow you to protect property during your bankruptcy. Usually these exemptions allow you to keep most of your day-to-day property.

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Does Bankruptcy Affect My Social Security Income?

If you list it as exempt, your Social Security is almost always protected during bankruptcy.

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I’m unemployed. Can I file for bankruptcy?

You don’t have to be employed to file for bankruptcy. That said, unemployment can require you to file a Chapter 7 case and add things to consider when you do.

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

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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Should I file for bankruptcy before I get married?

It is usually easier to file for a bankruptcy before getting married. In a Chapter 7 bankruptcy, it can be beneficial to do so earlier so that you are not bringing debts into the relationship.

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I am expecting an inheritance. Should I still file for bankruptcy?

If you want to keep the inheritance in full it’s important to wait for at least 180 days before filing your bankruptcy.

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How does bankruptcy work if I'm retired?

Bankruptcy works largely the same for people who are retired as for people who are working. Whether you are still working or already retired, your retirement savings are usually protected during bankruptcy.

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How often can you file bankruptcy?

In this article, we will look at just how often you can file bankruptcy depending on the previous chapter you filed and what other debt-relief options are available if someone is precluded from filing bankruptcy. We’ll also take a look at whether a bankruptcy attorney can help you file bankruptcy sooner.

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

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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Can bankruptcy take your 401k or IRA?

Retirement accounts are almost always protected in a bankruptcy case. If you are considering filing, it’s best to keep your retirement assets where they are. Unless you can fully pay off all of your debts, taking money out of your retirement accounts to keep up usually only prolongs the inevitable.

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Will Bankruptcy Stop Wage Garnishment?

Wage garnishment is a tool used by creditors to collect their debts through the court. Filing for bankruptcy will not only temporarily solve your wage garnishment problems, but potentially eradicate them altogether.

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

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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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.

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I'm married. Will filing for Chapter 7 bankruptcy affect my spouse?

If you’re filing for Chapter 7 bankruptcy and your spouse is not, you may be wondering whether they are going to be affected. The short answer is that if your debts are separate, their credit will not be impacted.

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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.

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I haven’t worked in years, can I apply for bankruptcy?

Yes! Many of the people we help do not have jobs. You do not need to have a job to file for bankruptcy. 

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What if I'm afraid to file for bankruptcy?

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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I didn’t file my tax returns for the last two years. Can I still file for bankruptcy?

If you were unemployed and weren't required to file your taxes: yes.  If you were employed and you were supposed to file your taxes but didn't: we can't help you at the moment. Please go file your taxes that you were supposed to file and then come back to us. 

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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.

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What documents do I need before I start?

You need the following documents before you get started with Upsolve: 1. Pay stubs from the last 60 days if you're employed and get pay stubs 2. Tax returns from the last two years, if you filed taxes  3. Names/Address of all the people you owe money to that aren't on your credit report. Upsolve pulls your credit report, so we will know about everyone on it. You don't actually need the bills. Just make sure you have names/addresses. 

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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"). 

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Should I use a law firm or file for myself?

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?

Definitely. Getting money from social security does not disqualify you from filing for bankruptcy with Upsolve. You should take our [online screener](http://my.upsolve.org "online screener") to see if you meet our either criteria. 

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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.

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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.

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How many steps are there from start to finish before I file?

There are six pre-filing steps, and we will guide you every step of the way.

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

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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Should I file for bankruptcy before I get married?

Having a spouse does not automatically mean a bankruptcy affects both of you. However, if you and your future spouse have joint debts then there are multiple factors to consider such as whether one or both of you need to file, what your future plans are and if you want to conserve costs to file.

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Keeping a Checking Account During Chapter 7 Bankruptcy

If your account is being garnished, the bankruptcy case should stop the garnishment. The garnishment should not start again if the debt is wiped out in the bankruptcy case. However, if the garnishment is for alimony, child support, or taxes, the bankruptcy won’t wipe out the debt and the garnishment continues.

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Can I File for Bankruptcy After a Lawsuit?

Bankruptcy can help a lawsuit depending on the type of lawsuit you’re involved in. The most typical kind you might be facing is if a creditor has filed a civil suit against you for non-payment of a debt which may lead to the creditor garnishing your paycheck.

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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. You may have been searching for ways that you can stop a levy when you came across information about bankruptcy filings. Can bankruptcy stop a levy? Should you file a Chapter 7 case to stop a levy? What if you cannot afford to hire a bankruptcy attorney to stop a levy? Can you still stop a levy without a bankruptcy attorney? All of these are important questions to be asking yourself. Let’s go over some important information about levies and ways you can stop a levy.

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Can I Get a Job, Housing, and Benefits if I File For Chapter 7 Bankruptcy?

Many people feel that the consequences of bankruptcy will extend to their life, work and income. However, the vast majority will keep their day-to-day lives intact without issue.

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What Happens to My IRS Tax Debt If I File Bankruptcy?

The most common of all of debts owed to the IRS is back, or unpaid, income taxes. Chapter 7 bankruptcy is an option if your tax debt meets certain requirements.

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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.

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Can Bankruptcy Take Your House?

A serious fear that many people have when they file for bankruptcy relief is losing their home. Sadly, losing a home may prevent some people from seeking legal advice about bankruptcy relief. Let’s look at some factors that address the fear that bankruptcy takes homes.

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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.

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Is It Bad To File For Bankruptcy?

Many people asking themselves, "Should I file for bankruptcy?" also wonder, "Is it bad to file for bankruptcy?" If you're in lots of debt, the answer is usually no.

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Should I File For Bankruptcy After A Repo?

Filing for bankruptcy after a car repo can get rid of any remaining debts that you have for your car.

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Should I File for Bankruptcy do 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.

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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.

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Where Can I Find Free Bankruptcy Chapter 7 Forms?

Filing for bankruptcy can seem confusing, and the paperwork itself can be daunting. Find the bankrutpcy forms for free.

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Requirements for Chapter 7 Bankruptcy

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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What are the Chapter 7 Bankruptcy Income Limits?

This article outlines the income limits you need to know about if you're filing for Chapter 7 bankruptcy.

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Can Bankruptcy Stop Foreclosure?

Filing bankruptcy can help you stop foreclosures, so that you can stay in your home.

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Low Income Bankruptcy: Find the Option for You

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

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How long does Chapter 7 bankruptcy take?

How long does Chapter 7 bankruptcy take? Upsolve explains how long it takes to get a discharge from start to finish.

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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.

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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.

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Do I Qualify for Bankruptcy?

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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Should I be Embarrassed About Filing for Bankruptcy?

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 to Stop Wage Garnishment in California with Bankruptcy?

Wage garnishment is a way for debt collectors to take money directly from your paycheck. In California, your income level and amount of debt you have can determine how much of your wages can be garnished.

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Finding Bankruptcy Paperwork for your Chapter 7 Case

Filing for bankruptcy can be complicated. This article gives tips on how to find the right paperwork to file for Chapter 7 bankruptcy.

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How Can I Stop Florida Wage Garnishment with Bankruptcy?

Wage garnishment can be stressful and hurt your ability to recover from financial shocks. In Florida, there are laws that may be able to help you protect your income.

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How to Stop Wage Garnishment with Bankruptcy in New York?

If you live in New York and your wages are being garnished, bankruptcy may be able to help you keep your paychecks and stop wage garnishment.

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What Happens to My Car Loan After Bankruptcy?

You might be wondering what happens to your car loan after bankruptcy. One popular misconception is that bankruptcy can get rid of your car loan while allowing you to keep your car. This article goes over your options for dealing with a car loan during and after Chapter 7 bankruptcy.

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How Can You Eliminate Tax Debt to the IRS with Bankruptcy?

You may be able to eliminate debt that you owe to the IRS for taxes by filing for bankruptcy. Learn how filing for bankruptcy can help with your tax debt.

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10 Tips for DIY Bankruptcy Chapter 7

Looking for a way to do a DIY Chapter 7 Bankruptcy? Here’s 10 tips to make sure you DIY Chapter 7 bankruptcy goes off without a hitch.

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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.

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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.

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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.

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Chapter 7 vs. Chapter 11 Bankruptcy

If you are searching to find a solution to debt problems, we can help you choose between a Chapter 7 vs. Chapter 11 bankruptcy case. A Chapter 7 bankruptcy can help you get rid of debts quickly for very little cost to you. You can get the fresh start you need with Upsolve’s assistance.

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Bankruptcy Filings in America - 2017

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 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.

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Chapter 7 Means Test Calculator

The Chapter 7 means test, generally just called the means test, is the analysis that determines whether a person is eligible for relief under Chapter 7 of the Bankruptcy Code based on their monthly income. It’s called the bankruptcy means test because, at its most basic level, it looks at whether someone has the means to pay their debts.

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What are the Chapter 7 Income Limits?

Before you file for Chapter 7 bankruptcy, you have to make sure you're eligible. Check out Upsolve to see if you qualify - they're a nonprofit that helps low-income Americans get a fresh start through Chapter 7 bankruptcy at no cost.

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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.

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How Do I Prepare for Bankruptcy?

It may be helpful to take these steps to prepare for filing for bankruptcy, whether you're working with a bankruptcy attorney or filing on your own online.

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What is Chapter 11 Bankruptcy?

Chapter 11 bankruptcy cases are mostly utilized by businesses - think Skymall or General Motors - or folks with significant assets and debts. The typical consumer is not a typical Chapter 11 filer, especially because both the filing fees and attorney fees are significantly higher. But, knowledge is power, so let’s take a closer look at Chapter 11 bankruptcy.

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How to Find a Credit Repair Lawyer?

A credit lawyer can help you repair your credit score by correcting mistakes and errors on your credit report. However, you can perform many of these steps yourself without an attorney. If you need to file for bankruptcy relief without an attorney, Upsolve can provide guidance

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What is the San Diego Bankruptcy Court?

Are you ready to file a Chapter 7 bankruptcy case in the San Diego Bankruptcy Court? If you need help but you cannot afford to hire a bankruptcy attorney, contact Upsolve for no cost bankruptcy services for low-income Americans from a trusted nonprofit organization.

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How Much Does Bankruptcy Cost?

Chapter 7 bankruptcy provides relief for individuals and businesses that have no hope of ever repaying their debts. That’s why it seems strange to some that there are actual costs involved to get this relief. Keep in mind, though, that everyone’s case is different and someone’s inability to pay their debts as they come due does not necessarily mean that they can’t pay the costs of filing a Chapter 7. Let’s take a look at what they are. 

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What are the Pros and Cons of Filing Chapter 7 Bankruptcy?

Chapter 7 bankruptcy has its pros and cons. Read this article to figure out whether Chapter 7 bankruptcy is a good fit for you.

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Why is Chapter 13 Probably A Bad Idea?

Chapter 13 can often leave you in worse financial shape. It costs more than Chapter 7 and your case is is less likely to be successful.

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Can I Keep My Property If I File for Bankruptcy?

Most people who file for Chapter 7 bankruptcy end up keeping all their property. But that’s by no mean a given. Before filing for bankruptcy, it’s very important to know which exemptions will apply to your property and whether they can protect your property.

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How Will Chapter 7 Affect My Employment?

You cannot be fired simply because you filed for bankruptcy. In fact, employers usually don’t learn about it and it is illegal for an employer to discriminate based on your past filing history.

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Should I File for Chapter 7 Bankruptcy?

If you’re unable to pay your debts as they come due, or if you think you’ll soon be unable to do so due to a loss in household income, you may be wondering whether you should file bankruptcy to deal with it all. Chapter 7 bankruptcy is a powerful tool for American consumers who have fallen on hard times and need a fresh start. But, it’s not right for everyone. Let’s take a look at some of the things you should consider when deciding your next steps.

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What is Bankruptcy Legal Aid and Pro Bono?

Legal aid and pro bono attorneys can help you get through your bankruptcy filing. Find out how they work and why they exist.

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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.

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Chapter 7 vs. Chapter 13 Bankruptcy

Many low-income debtors have to decide between filing for Chapter 7 bankruptcy and filing for Chapter 13 bankruptcy. This Upsolve guide will help you figure out which type of bankruptcy is best for you.

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What is Bankruptcy?

This is a broad overview of just what bankruptcy really is and how it can empower you to take your life back in your own hands and start fresh after experiencing financial hardships.

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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.

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.

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