2020 Best Invention

Property & Exemptions

Learn how to protect your property using exemptions and what you should know about buying property after filing.

Exemptions are laws that protect your property. They’re why more than 95% of all Chapter 7 filers, including most Upsolve users, keep all of their belongings! Plus, after getting their discharge, they are in a better position to qualify for a mortgage and buy a house than before.

This page is your home base for learning about how to keep your property during bankruptcy and how bankruptcy affects buying property after filing.

Filter by content also tagged as:

What Are Bankruptcy Exemptions?

Written by Attorney Andrea Wimmer
Updated January 8, 2022

Bankruptcy exemptions are laws that protect your property in a bankruptcy. Filing for bankruptcy relief doesn't mean that you have to give up everything you own. This article covers how exemptions protect your property in a Chapter 7 bankruptcy.

Read More →

Chapter 7 Bankruptcy: What Can You Keep?

Written by Kristin Turner, Harvard Law Grad
Updated January 25, 2022

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.

Read More →

Can I Get a Mortgage After Chapter 7 Bankruptcy?

Written by Attorney Eva Bacevice
Updated November 28, 2021

Yes, you can get a mortgage after a Chapter 7 bankruptcy. Lenders have their own requirements and waiting periods.

Read More →

How Long After Filing Bankruptcy Can I Buy a House?

Written by Attorney John Coble
Updated October 29, 2021

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.

Read More →

Can Bankruptcy Stop Foreclosure?

Written by Attorney Andrea Wimmer
Updated December 12, 2021

There are a number of different ways that you can prevent foreclosure, even if you ultimately need to give up your home. Don’t be afraid to explore your options, including Chapter 7 and Chapter 13 bankruptcy and find what’s right for your family and personal financial situation.

Read More →

Will filing bankruptcy affect my apartment lease?

Written by Attorney Andrea Wimmer
Updated August 25, 2020

If your rental payments are current, getting debt relief by filing bankruptcy will not affect your lease agreement. Learn how filing bankruptcy will affect your real estate lease.

Read More →

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

Written by Attorney Andrea Wimmer
Updated August 10, 2020

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

Read More →

Federal Bankruptcy Exemptions Explained

Written by Attorney Andrea Wimmer
Updated March 31, 2022

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

Read More →

Trustee's Report of No Distribution & What It Means For Your Case

Written by Attorney Andrea Wimmer
Updated March 29, 2022

The Trustee's Report of No Distribution, or NDR, lets the court and all interested parties know that no money will be paid to creditors.

Read More →

What are the Florida Bankruptcy Exemptions?

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

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

Read More →

Can I Keep My Property If I File for Bankruptcy?

Written by Attorney Jonathan Petts
Updated April 1, 2022

One of the most common questions we get is: “Can I keep my property if I file for bankruptcy?” The answer is usually yes! 96% of Chapter 7 bankruptcy cases result in the filer keeping all their property. But protecting your property requires some knowledge. Read on for more details. 

Read More →

What Are the California Bankruptcy Exemptions?

Written by Attorney Jonathan PettsLegally reviewed by Attorney Andrea Wimmer
Updated April 1, 2022

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

Read More →

Can You File Bankruptcy And Keep Your House?

Written by Attorney Andrea Wimmer
Updated January 27, 2022

Bankruptcy law allows you to keep your home as long as certain conditions are met. Whether you can file bankruptcy and keep your house depends on your unique circumstances. Here’s what you need to know.

Read More →

Should I File for Bankruptcy After a Foreclosure?

Written by Attorney Jonathan Petts
Updated April 19, 2022

Many people consider filing for bankruptcy after their homes are foreclosed. Bankruptcy can get rid of any remaining debt once you sell your home.

Read More →

Can I Buy a House After Bankruptcy?

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

There are multiple financing options available to buyers post-bankruptcy. The most important step is to make the most of your waiting period before you apply for a loan.

Read More →

Keeping a Checking Account During Chapter 7 Bankruptcy

Written by Attorney Jonathan Petts
Updated March 21, 2022

In most Chapter 7 bankruptcy cases, nothing happens to the filer's bank account. As long as the money in your account is protected by an exemption, your bankruptcy filing won’t affect it.

Read More →

Should I Choose Federal or State Bankruptcy Exemptions?

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

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

Read More →

What Is Community Property?

Written by Attorney Jonathan Petts
Updated April 12, 2022

Property owned by a married couple is always one of two types - marital or separate. Generally, marital property is anything that you earned or acquired while married unless you and your spouse agreed otherwise. Separate property varies from state to state.

Read More →

What Happens in Bankruptcy if I Have a Potential Lawsuit for Money?

Written by Attorney Jonathan Petts
Updated April 19, 2022

This depends: Are you being sued or are you the one suing someone else? If you file bankruptcy a lawsuit against you is stopped. If it's your lawsuit, your trustee will decide what happens.

Read More →

Which states allow me to use the federal bankruptcy exemptions?

Written by the Upsolve TeamLegally reviewed by Attorney Andrea Wimmer
Updated July 22, 2020

Find out which states allow filers to choose between their state's exemptions and the federal bankruptcy exemptions.

Read More →

Will My Bankruptcy Affect My Child's 529 College Saving Plan?

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

If you've deposited funds into a 529 College Savings Plan for your child, you probably want to know how filing bankrtupcy will affect them. Whether the funds are protected will depend on how long ago you deposited them.

Read More →

What is an asset in bankruptcy?

Written by Attorney Andrea Wimmer
Updated October 16, 2020

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

Read More →

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

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

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

Read More →

How Much Money Is Considered a Gift?

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

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

Read More →

Should I List My PayPal Account?

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

If you have a PayPal Credit account, you should list it as a creditor on your bankruptcy forms. If it's a standard PayPal account without any lines of credit, list it as a checking account in the financial accounts section. 

Read More →

Does a Laptop Count as a Household Good?

Written by Attorney Jonathan Petts
Updated January 26, 2022

No. Include your laptop in when the questionnaire asks you about the electronics that you own. 

Read More →

Will I Get To Keep My Property During My Bankruptcy?

Written by Attorney Jonathan Petts
Updated January 26, 2022

One of the biggest misconceptions about bankruptcy is that you'll lose everything you own. But that’s not true. When you file for Chapter 7 bankruptcy, the court lets you keep some types of property up to a certain value.

Read More →

Can Bankruptcy Take Your 401(k) or IRA?

Written by Attorney Eva Bacevice
Updated January 26, 2022

Retirement accounts are almost always protected in a bankruptcy case. If you're 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.

Read More →

How Do I Protect My Retirement Assets?

Written by Attorney Eva Bacevice
Updated January 25, 2022

Most of your retirement accounts are fully protected in a bankruptcy case. Any ERISA-qualified retirement account is completely excluded from the bankruptcy estate. This means that there's no risk that the trustee could take the money in your retirement accounts to pay your creditors.

Read More →

I'm Expecting an Inheritance. Should I Still File for Bankruptcy?

Written by Attorney Eva Bacevice
Updated January 25, 2022

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

Read More →

How Do I Value My Pet?

Written by Kristin Turner, Harvard Law Grad
Updated January 25, 2022

If you're filing for Chapter 7 bankruptcy protection, you're required to include your pets in the schedules. While your pets are priceless, your bankruptcy trustee needs to know if they can be sold for more than the allowable exemption amount. Unless you have a rare, purebred, champion show animal with breeding rights that can generate income, it's not likely your pets will be worth more than what you can exempt.

Read More →

How Does Bankruptcy Affect My Retirement?

Written by Kristin Turner, Harvard Law Grad
Updated January 25, 2022

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

Read More →

Illinois Bankruptcy Exemptions

Written by Attorney Eva Bacevice
Updated January 25, 2022

When you file bankruptcy, you won't lose everything you own. Exemptions allow you to keep many, if not all, of your belongings.

Read More →

How Does Bankruptcy Affect Alimony?

Written by the Upsolve TeamLegally reviewed by Attorney John Coble
Updated May 4, 2022

Alimony impacts your bankruptcy case differently if you’re paying alimony than if you’re receiving alimony. If you pay alimony, you must list it on your Schedule J as an expense. You must also usually continue to make payments while your case is pending and after you receive your bankruptcy discharge. Bankruptcy doesn’t eliminate your obligation to pay court-ordered alimony. If you receive alimony, you must list the amount as income on Schedule I and on the means test calculation form.

Read More →

Texas Bankruptcy Exemptions

Written by Attorney Eva Bacevice
Updated April 1, 2022

The intent of bankruptcy is not to strip you of everything you own. Exemptions allow you to keep many, if not all, of of your belongings.

Read More →

Can I keep money I receive from a lawsuit when I file bankruptcy?

Written by Attorney Andrea Wimmer
Updated April 1, 2022

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.

Read More →

What Happens if I Transfer Property Before Filing Bankruptcy?

Written by Attorney Paige Hooper
Updated March 21, 2022

Transferring property includes selling it or giving it away. If you file bankruptcy, you have to report any property transfers in the two years before you filed on your bankruptcy forms. If the bankruptcy trustee finds that you fraudulent transferred any property, they can undo the transfer to get the property back and sell it to pay your creditors. Read on to learn more about property transfers and how to deal with them when filing bankruptcy.

Read More →

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

Written by Attorney Eva Bacevice
Updated August 11, 2020

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

Read More →

What Is Equity?

Written by the Upsolve TeamLegally reviewed by Attorney Paige Hooper
Updated May 4, 2022

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

Read More →

Credit Unions & Bankruptcy

Written by Attorney Eva Bacevice
Updated March 30, 2022

If you are a member of a credit union, there are some specific things to consider that are unique to this type of organization. Keep reading to learn how bankruptcy affects your credit union accounts.

Read More →

What is non-exempt equity?

Written by the Upsolve TeamLegally reviewed by Attorney Andrea Wimmer
Updated October 1, 2020

What property you are allowed to keep and what you may be forced to sell or surrender when you file a Chapter 7 bankruptcy depends on how much non-exempt equity you have in the item. Let’s explore what this means for you, so you can choose the path to debt relief that makes the most sense for you.

Read More →

What are the Arizona Bankruptcy Exemptions?

Written by Attorney Andrea Wimmer
Updated July 28, 2020

Arizona has opted out of the federal bankruptcy exemptions. If you’ve lived in Arizona for at least 2 years when your bankruptcy is filed, you have to use the Arizona exemption laws. This article explores the exemptions available under Arizona law.

Read More →

Giving Gifts Before Filing Bankruptcy

Written by Attorney Andrea Wimmer
Updated August 12, 2021

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.

Read More →

What You Should Know About Bankruptcy And Luxury Items

Written by Attorney Andrea Wimmer
Updated September 3, 2020

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.

Read More →

What are the federal nonbankruptcy exemptions and why does it matter?

Written by Attorney Eva Bacevice
Updated July 22, 2020

The federal nonbankruptcy exemptions are federal exemption laws that exist outside of the Bankruptcy Code and protect property from creditors even if no bankruptcy case has been filed. This article will explore how federal nonbankruptcy exemptions can protect your rights in a bankruptcy case and conclude with a brief overview of some of the most commonly used federal nonbankruptcy exemptions.

Read More →

What is a bankruptcy estate?

Written by Attorney Alexander Hernandez
Updated August 7, 2020

Whenever someone files for bankruptcy, a bankruptcy estate is automatically created. A bankruptcy estate consists of the property or assets that you own. What assets you get to keep because it’s protected depends on the bankruptcy exemptions that you can claim. In this article, we will review what a bankruptcy estate is and what that means for you.

Read More →

Spending Money Before Filing Chapter 7 Bankruptcy

Written by Attorney Eva BaceviceLegally reviewed by Attorney Andrea Wimmer
Updated October 1, 2021

Have more money than you can protect with an exemption? Wondering what you can spend it on so the bankruptcy trustee won’t raise any eyebrows? This article explains how it’s possible to have “too much money” and what steps you can take to best protect your fresh start.

Read More →

California Bankruptcy Exemptions Explained

Written by the Upsolve TeamLegally reviewed by Attorney Andrea Wimmer
Updated March 21, 2022

Some states permit filers to choose between a set of federal bankruptcy exemptions and the state exemption system. However, California isn’t one of them. California is called an “opt-out” state, which means federal bankruptcy exemptions are not available to filers in the state. Californians filing bankruptcy have to use California exemption law.

Read More →

Florida Bankruptcy Exemptions Explained

Written by the Upsolve TeamLegally reviewed by Attorney Andrea Wimmer
Updated February 17, 2021

If you have done some research on bankruptcy cases or exempt property, you will probably have come across the terms federal bankruptcy exemptions and state exemptions. Although the federal Bankruptcy Code has a list of bankruptcy exemptions, these exemptions aren’t available in Florida. In Florida, you are not permitted to use the federal bankruptcy exemptions. Florida residents have to use the state exemptions. Also, you can use the federal nonbankruptcy exemptions contained in the federal law if you have any assets covered by them.

Read More →

What Are the Texas Bankruptcy Exemptions?

Written by the Upsolve TeamLegally reviewed by Attorney Andrea Wimmer
Updated March 31, 2022

Texas has more generous bankruptcy exemptions than many other states. It also allows bankruptcy filers to choose whether they want to use the Texas state bankruptcy exemptions or the federal bankruptcy exemptions. In many cases, the state exemptions are more beneficial to bankruptcy filers who own a home or car. But unlike the federal exemptions, Texas doesn’t offer a wildcard exemption to protect personal property of your choosing.

Read More →

What Are the Illinois Bankruptcy Exemptions?

Written by the Upsolve TeamLegally reviewed by Attorney Andrea Wimmer
Updated January 5, 2022

If you have done a bit of research on bankruptcy cases in Illinois or exempt property, you will probably have come across the terms federal bankruptcy exemptions and state exemptions. Many states in the US allow people to choose between the federal exemptions and state exemptions. However, you don’t have that option in Illinois. In Illinois, you are not permitted to use the federal bankruptcy exemptions if you’ve lived in the state for at least 2 years when you file bankruptcy. Fortunately, Illinois has generous bankruptcy exemptions that can protect your property.

Read More →

What Are the Ohio Bankruptcy Exemptions?

Written by the Upsolve TeamLegally reviewed by Attorney Andrea Wimmer
Updated March 31, 2022

If you’re filing bankruptcy in Ohio, you must use the state’s exemptions to protect your property. Ohioans aren’t allowed to use the federal bankruptcy exemptions. Ohio has a homestead, motor vehicle, and wildcard exemption. It also has exemptions for various kinds of personal property and money benefits.

Read More →

What Are the Wisconsin Bankruptcy Exemptions?

Written by the Upsolve TeamLegally reviewed by Attorney Andrea Wimmer
Updated April 1, 2022

You will find a list of available exemptions in the federal Bankruptcy Code, or you may instead decide to use exemptions available under Wisconsin law. However, keep in mind that each state has the option of “opting out” of this scheme. Bankruptcy filers in an opt-out state may only use their state exemptions and not use the federal exemptions. As Wisconsin hasn’t opted out of the choice between state exemptions and federal exemptions, Wisconsinites who file bankruptcy can choose between federal bankruptcy exemptions or state exemptions. Actually, you will be happy to know that Wisconsin is one of the few US states that allows filers this choice, and this is a real advantage if you are filing Chapter 7 in the state. However, keep in mind that you are not allowed to cherry-pick exemptions from both lists; you can select only one set of exemptions. If you’re using Wisconsin law to exempt your property, you can also use the federal nonbankruptcy exemptions, if applicable. This also means that if you’re filing for bankruptcy in the state, you should review both sets of exemptions and then choose what scheme can best protect your property. Hiring an attorney can be helpful in this respect.

Read More →

What Are the Michigan Bankruptcy Exemptions?

Written by the Upsolve TeamLegally reviewed by Attorney Andrea Wimmer
Updated April 1, 2022

Michigan allows residents to choose between the federal bankruptcy exemptions and state exemptions.

Read More →

What are the Virginia Bankruptcy Exemptions?

Written by the Upsolve TeamLegally reviewed by Attorney Andrea Wimmer
Updated September 23, 2020

Exempt property, such as a car or trade implements, is free of the claims of your creditors and can’t be taken by your trustee to be liquidated. Laws in Virginia determine the types as well as the amount of exempt property.

Read More →

What are the New York Bankruptcy Exemptions?

Written by Attorney Karra Kingston
Updated April 1, 2022

New York does allow consumers filing bankruptcy to use the federal bankruptcy exemptions. The Bankruptcy Code has implemented rules that require consumers to either choose either the federal or state exemptions meaning, they can’t use both at the same time. Moreover, you will need to have lived in New York for at least 730 days (two years) to be able to use the New York exemptions. Congress implemented this rule to stop people from gaming the system and moving to a different state just to be able to use more generous exemptions.

Read More →

What are the Nebraska Bankruptcy Exemptions?

Written by Attorney Eva Bacevice
Updated July 28, 2020

Every state has its own set of bankruptcy exemptions under state laws. There is also a set of federal bankruptcy exemptions which can be found in the United States Bankruptcy Code. Some states allow their residents to choose between the state and federal exemptions. Nebraska, however, does not offer the choice to its residents. If you have lived in Nebraska for at least the last two years and you are filing for bankruptcy, you are limited to using the Nebraska state exemptions, but you can supplement those with any federal nonbankruptcy exemptions that apply. These additional exemptions are available whether or not you are in a bankruptcy case.

Read More →

What are the Idaho Bankruptcy Exemptions?

Written by Attorney Eva Bacevice
Updated July 28, 2020

Every state has its own set of exemptions for bankruptcy cases. There is also a set of federal exemptions that are listed in the United States Bankruptcy Code. Each state gets to decide if they want to offer the federal bankruptcy exemptions as an alternative choice to their state exemptions. Idaho has opted out of the federal exemptions, which means that residents in Idaho are limited to using Idaho state exemptions in any bankruptcy case. Filers in Idaho can, however, supplement the state exemptions with the federal nonbankruptcy exemptions that protect benefits like federal laws protecting social security benefits from garnishment.

Read More →

What Are the New Jersey Bankruptcy Exemptions?

Written by Attorney Eva Bacevice
Updated April 1, 2022

Every state has its own set of bankruptcy exemptions. There is also a set of federal bankruptcy exemptions contained in the United States Bankruptcy Code. Several states, including New Jersey, allow residents to choose between taking the New Jersey bankruptcy exemptions and the federal exemptions. It’s important to note that you have to pick one set of exemptions and stick to it, you can’t pick and choose from both New Jersey exemptions and federal, rather go with the set that gives you the most protection. If you decide to go with the state exemptions you can also use the federal nonbankruptcy exemptions as a supplement, so long as you meet the qualifications.

Read More →

Overview of the 7 Most Commonly Used Bankruptcy Exemptions

Written by Attorney John Coble
Updated March 31, 2022

Bankruptcy exemptions protect a filer’s property to ensure they're able to take full advantage of their fresh start. While the available exemptions vary depending on the state you live in, there are certain types of common bankruptcy exemptions that are generally found in all exemption schemes. This article gives an overview of the seven most common types of bankruptcy exemptions and how they protect the filer’s property in a Chapter 7 bankruptcy.

Read More →

What Are the Colorado Bankruptcy Exemptions?

Written by the Upsolve TeamLegally reviewed by Attorney Andrea Wimmer
Updated April 1, 2022

Bankruptcy exemptions help bankruptcy filers protect the property they own so they don't have to start over with nothing after their debts are discharged. Colorado has opted out of the federal bankruptcy exemptions, so residents must use the state exemptions instead. Fortunately, Colorado has generous bankruptcy exemptions.

Read More →

What Are the Oregon Bankruptcy Exemptions?

Written by the Upsolve TeamLegally reviewed by Attorney Andrea Wimmer
Updated April 1, 2022

There is some good news for Oregonians who are looking to file for bankruptcy protection in the state. Note that now there are 2 separate systems of bankruptcy exemptions to protect Oregon filers in bankruptcy. The Governor signed a significant law on July 1, 2013, that now allows individuals filing either Chapter 7 bankruptcy or Chapter 13 bankruptcy in the state to elect to use federal bankruptcy exemptions. It is a huge change to the bankruptcy process in Oregon with a substantial impact on bankruptcy cases now being filed.

Read More →

What are the Missouri Bankruptcy Exemptions?

Written by Attorney Karra Kingston
Updated November 6, 2021

The most important thing you will need to educate yourself before filing bankruptcy is what bankruptcy exemptions you will need to use. Bankruptcy exemptions allow you to keep your property. When filing bankruptcy there are two types of bankruptcy exemptions you will need to be aware of - federal exemptions and state exemptions. When Congress enacted bankruptcy laws, they implemented federal bankruptcy exemptions to allow filers to protect their property. At the same time, they allowed each State the opportunity to choose whether they want to use the federal exemptions or to opt-out if not. If you file bankruptcy in Missouri, you will learn that Missouri is an “opt-out” state. This means that Missouri opted out of allowing filers to use the federal bankruptcy exemptions. You can use the federal nonbankruptcy exemptions to protect certain qualifying retirement benefits, death benefits, and veterans’ benefits.

Read More →

What Are the Indiana Bankruptcy Exemptions?

Written by Attorney Karra Kingston
Updated January 5, 2022

Most people are unaware that there are two types of exemptions that can be used if you file bankruptcy. When Congress enacted bankruptcy laws they allowed states to choose if they wanted to allow their residents to use the federal bankruptcy exemptions or state specific exemptions to keep their property. Indiana is one of the states that only allows filers to use the Indiana bankruptcy exemptions. So, when you fill out your bankruptcy forms, you will need to make sure that you are using the Indiana exemptions, not federal exemptions. One exception to this rule is that you can use the federal nonbankruptcy exemptions to protect certain retirement accounts and disability benefits. Keep in mind that choosing the right exemption to use is essential for your case to run smoothly.

Read More →

What Are the Pennsylvania Bankruptcy Exemptions?

Written by Attorney Karra Kingston
Updated March 31, 2022

Pennsylvania allows bankruptcy filers to use either the state or federal bankruptcy exemptions. Pennsylvania’s state exemptions are more limited than the federal exemptions for most items. In fact, Pennsylvania doesn’t have a homestead or motor vehicle exemption but there are federal exemptions for these items. Pennsylvania offers a $300 wildcard exemption, but this is far less generous than the federal wildcard exemption.

Read More →

What Are the Tennessee Bankruptcy Exemptions?

Written by Attorney Karra Kingston
Updated April 1, 2022

Exemptions help bankruptcy filers protect their property and assets. If you're looking to file bankruptcy and exempt your property in Tennessee, you'll be limited to Tennessee’s exemptions only. Filers in Tennessee can't use the federal exemptions. That said, you can use federal nonbankruptcy exemptions to protect certain retirement accounts and disability benefits.

Read More →

What Are the Minnesota Bankruptcy Exemptions?

Written by Attorney Karra Kingston
Updated April 1, 2022

Exemptions are used to protect your property and assets as you go trhough bankruptcy. You can choose from two sets of exemptions when you file Chapter 7 bankruptcy in Minnesota — federal bankruptcy exemptions and Minnesota bankruptcy exemptions. If you choose to use Minnesota’s bankruptcy exemptions, you may also use the federal nonbankruptcy exemptions to protect retirement accounts and disability benefits.

Read More →

What Are the Washington Bankruptcy Exemptions?

Written by Attorney Karra Kingston
Updated April 1, 2022

There are federal bankruptcy exemptions and state exemptions that folks can choose from when filing bankruptcy. When Congress enacted the federal law on bankruptcy, they gave the states the discretion to decide if they wanted to use the federal bankruptcy exemptions or the state exemptions. Washington allows you to choose between the federal exemptions and the state exemptions. This means people filing bankruptcy in Washington can choose which set of exemptions is better to protect their assets. Keep in mind that Washington exemptions and the federal exemptions set forth in the Bankruptcy Code can’t be used together. Filers are required to pick one or the other. If you decide to use the state exemptions, you will be able to use the federal nonbankruptcy exemptions to protect certain retirement accounts and disability benefits.

Read More →

What Are the Alabama Bankruptcy Exemptions?

Written by Attorney Karra Kingston
Updated March 31, 2022

Alabama bankruptcy filers only have access to the state’s exemptions. Alabama doesn’t recognize federal bankruptcy exemptions. Alabama has a homestead exemption to help protect real property you own, like a home, and a wildcard exemption to protect personal property of your choosing. Alabama doesn’t have a motor vehicle exemption or special exemptions for home goods and furnishings. Filers in Alabama can also use the federal nonbankruptcy exemptions to protect certain benefits and retirement funds.

Read More →

What Are the Alaska Bankruptcy Exemptions?

Written by Attorney Eva Bacevice
Updated March 31, 2022

Every individual state has its own set of bankruptcy exemptions available to residents. Bankruptcy exemptions also exist at the federal level in the United States Bankruptcy Code. Some states, including Alaska, allow their residents to choose between the state and federal exemptions. To be clear, you can’t pick and choose among all of the individual exemptions, rather you can decide which set you want to use, but then you are limited to the options within that set. If you decide to go with Alaska state exemptions, you can also supplement those with any federal nonbankruptcy exemptions that may apply.

Read More →

What Are the Delaware Bankruptcy Exemptions?

Written by Attorney Eva Bacevice
Updated December 31, 2021

Each state has its own set of bankruptcy exemptions available to its residents. There is also a set of exemptions available at the federal level in the United States Bankruptcy Code, which is part of the U.S. Code or U.S.C., and each state can decide whether or not to offer the federal exemptions as an alternative option for filers. Only a minority of states offer a choice. Delaware, like the majority, has opted out of allowing its residents to use the federal bankruptcy exemptions. So, if you’re filing bankruptcy in Delaware, you’ll be limited to only using the Delaware state exemptions. You can, however, also use any of the federal nonbankruptcy exemptions if you qualify to supplement the state exemptions.

Read More →

What Are the Hawaii Bankruptcy Exemptions?

Written by Attorney Eva Bacevice
Updated April 1, 2022

When you file Chapter 7 bankruptcy, you get a fresh start without having to start from scratch. That's because you can use bankruptcy exemptions to protect your property and possessions. Hawaii filers can choose to use either the state or federal bankruptcy exemptions to protect their assets.

Read More →

What are the Louisiana Bankruptcy Exemptions?

Written by Attorney Eva Bacevice
Updated July 28, 2020

Every state has its own set of bankruptcy exemptions, which are available to residents who file bankruptcy in that state. There is also a set of federal exemptions available under the United States Bankruptcy Code. Each state can decide whether to allow its residents to choose between their state exemptions and the federal exemptions. Louisiana is an “opt-out” state, which means that residents are limited to using only the Louisiana state exemptions. Debtors filing in Louisiana can, however, use any of the federal nonbankruptcy exemptions that they qualify for as a supplement to the state exemptions.

Read More →

How can a trustee find out about an inheritance?

Written by Attorney Amelia Niemi
Updated August 11, 2020

The Bankruptcy Code provides that an inheritance the filer becomes entitled to receive in the 180 days after their case is filed has to be turned over to the bankruptcy trustee so it can be paid to creditors. This article will explore why this rule exists, how it works exactly, and why it’s never a good idea to try and hide things from the trustee.

Read More →

What Are the Maryland Bankruptcy Exemptions?

Written by Attorney Karra Kingston
Updated January 5, 2022

When Congress enacted the bankruptcy laws they created federal bankruptcy exemptions while at the same time, giving states the opportunity to decide if they want to use federal exemptions or create their own. A little less than half of the states allow filers to use either the federal bankruptcy exemptions or the state exemptions to protect their real property and personal property. Maryland requires filers who have lived in the state for at least 2 years to use the state exemptions. This means that to protect your property you will need to claim Maryland’s bankruptcy exemptions. Although you can’t use the federal bankruptcy exemptions contained in the Bankruptcy Code, you will be able to use the federal nonbankruptcy exemptions. The nonbankruptcy exemptions allow you to protect retirement accounts that are typically linked to a government job.

Read More →

What Are the New Mexico Bankruptcy Exemptions?

Written by Attorney Kassandra Kuehl
Updated April 1, 2022

Exemptions help bankruptcy filers hold on to certain property by protecting it from being sold by the bankruptcy trustee. New Mexico filers are generally allowed to choose between applying the federal bankruptcy exemptions or the state's bankruptcy exemptions. You'll want to look at each set of exemptions to see which will best protect the property you own.

Read More →

What are the Oklahoma Bankruptcy Exemptions?

Written by Attorney Kassandra Kuehl
Updated July 28, 2020

Identifying available bankruptcy exemptions is relatively straightforward in Oklahoma, because state law doesn’t allow residents to claim federal bankruptcy exemptions. While 17 states do allow residents to choose between state and federal exemptions, Oklahoma does not. As a result, if you have lived in Oklahoma for at least two years, the bankruptcy court will only allow you to claim Oklahoma’s unique state exemptions. You can learn about each of the exemptions available to you in the information listed below. As you’re reading this information, jot down any questions that it inspires so that you can reference them easily if you choose to meet with a bankruptcy attorney.

Read More →

What are the Maine Bankruptcy Exemptions?

Written by Attorney Kassandra Kuehl
Updated December 3, 2021

Maine does not allow its residents to use federal bankruptcy exemptions at this time. While 17 states do allow most residents to choose between their state’s bankruptcy exemption structure and federal exemptions, Maine is one of the 33 states that requires residents to use Maine exemptions only. This means that if you’re filing for Chapter 7 bankruptcy in Maine, as long as you’ve lived in the state for a minimum of 2 years, you’ll only be applying Maine bankruptcy exemptions to your property (except where state bankruptcy law allows for the limited use of very specific federal exemptions as add-ons).

Read More →

Bankruptcy and the Homestead Exemption

Written by the Upsolve TeamLegally reviewed by Attorney Andrea Wimmer
Updated March 31, 2022

Bankruptcy exemptions play an important role in Chapter 7 cases, and the homestead exemption may be the most important of all. It’s the homestead exemption that makes it possible for many people to wipe out unsecured debt in Chapter 7 bankruptcy without losing their homes. In this article, you’ll learn how the homestead exemption may protect your house in bankruptcy. We’ll also touch on some of the limitations of the homestead exemption. And, we’ll discuss alternatives for people who aren’t fully protected by their state’s exemptions.

Read More →

What Are the Nevada Bankruptcy Exemptions?

Written by Attorney Eva Bacevice
Updated July 28, 2020

Nevada has opted out of the federal bankruptcy exemptions. This means that if you file for Chapter 7 bankruptcy in Nevada, presuming you fulfill the residency requirement, you must use the Nevada state exemptions for your bankruptcy case. There is one exception to this, which is if you have lived in Nevada for less than 730 days (two years), you don’t yet qualify to use the Nevada state exemptions. Instead, you’ll need to look back to where you lived during the 180 days before the two years prior to your filing, or roughly two and a half years ago. In either case, you will still have access to the federal nonbankruptcy exemptions in addition to your state exemptions.

Read More →

What Are the Kansas Bankruptcy Exemptions?

Written by Attorney Eva Bacevice
Updated October 20, 2020

Kansas does not allow filers to choose between using state exemptions and the federal exemptions. If you have lived in Kansas for more than two years you must use Kansas state exemptions in your bankruptcy case. If you do not meet the two-year (730-day) residency requirement, then you need to use the 180-day rule to determine which state’s rules apply. With the 180-day rule, you should look to where you lived for the majority of the 180 days before two years prior to your filing date. In other words, where you lived two and a half years ago. Once you have surpassed that two-year mark, however, you’re only able to use Kansas state exemptions. Married couples filing a joint bankruptcy together in Kansas can double most of the exemption amounts, so long as both spouses have an ownership interest in the property. Additionally, filers in Kansas can also use the protections offered by the federal nonbankruptcy exemptions along with their state exemptions.

Read More →

What Are the North Carolina Bankruptcy Exemptions?

Written by Attorney Eva Bacevice
Updated January 20, 2021

Every state has its own set of bankruptcy exemptions. There’s also a set of federal exemptions contained in the United States Bankruptcy Code. Several states allow filers to choose whether to use state exemptions or federal bankruptcy exemptions, however, North Carolina doesn’t allow for the choice. If you’re a North Carolina resident filing bankruptcy, your only option is to use the North Carolina state bankruptcy exemptions. You can, however, use the federal nonbankruptcy exemptions in addition to the North Carolina state exemptions for any other federal protections available, either within a bankruptcy or not, beyond the state exemptions.

Read More →

What Are the Massachusetts Bankruptcy Exemptions?

Written by Attorney Kassandra Kuehl
Updated April 1, 2022

Massachusetts law allows for most residents to choose between applying federal bankruptcy exemptions and state exemptions to property that could be affected by the bankruptcy process. The only time that this choice is not available is if a filer is a new Massachusetts resident and has lived in the state for less than two years. By examining each approach below, you can determine whether your case will be served best by applying Massachusetts exemptions or by claiming those available under federal law. Oftentimes, both schemes do an equally adequate job of safeguarding a filer’s property. But sometimes, it’s advantageous to choose one option over the other.

Read More →

What Are the Utah Bankruptcy Exemptions?

Written by Attorney Kassandra Kuehl
Updated December 9, 2021

Utah law does not allow residents to choose between claiming state-specific exemptions and federal exemptions. Instead, Utah Code specifies that residents who have lived in the state for at least two years must apply Utah exemptions to their property. While some states allow their residents to apply the federal structure of exemptions to their assets, Utah doesn’t, which makes the process of identifying exempt property and exemption values available to you more straightforward. All you need to remember is that to protect as much of your property as you can while you’re seeking debt relief and laying the groundwork for a fresh start, you’ll need to claim as many Utah exemptions to your property as are available and relevant to your situation.

Read More →

What Are the Connecticut Bankruptcy Exemptions?

Written by Attorney Kassandra Kuehl
Updated April 1, 2022

Bankruptcy exemptions allow filers to protect their possessions and property. Some states allow residents of two years or more to choose between state exemptions or the federal bankruptcy exemptions. Connecticut is one such state. Below we'll look at each set of exemptions to help you understand which may be best for you.

Read More →

What Are the South Carolina Bankruptcy Exemptions?

Written by Attorney Kassandra Kuehl
Updated July 28, 2020

Only 17 states allow their residents to choose between claiming state exemptions and federal bankruptcy exemptions. South Carolina is not one of these states. Instead, South Carolina law provides residents with state-specific exemptions and does not allow its residents to claim federal exemptions. While some federal law in the Bankruptcy Code does influence how some South Carolina exemptions are structured, the kinds of exempt property filers can claim and the exemption amounts that apply to bankruptcy cases are state-specific. It’s important to note that if you have lived in South Carolina for less than 2 years, you may not be able to claim South Carolina’s exemptions to your property.

Read More →

What Are the Iowa Bankruptcy Exemptions?

Written by Attorney Kassandra Kuehl
Updated July 28, 2020

You may have heard about federal exemptions before, but you won’t need to worry about them when filing bankruptcy in Iowa. State law only allows Iowa residents to claim Iowa exemptions and doesn’t give filers the choice to apply federal bankruptcy exemptions to their property instead. This Iowa law isn’t an unusual approach, as only 17 states in the U.S. allow residents to choose between state-specific bankruptcy exemptions and exemption laws provided by the federal Bankruptcy Code. Note however that if you moved to Iowa within 2 years of filing for bankruptcy, you may be subject to a different set of exemption standards than long-time Iowa residents are.

Read More →

What Are the Kentucky Bankruptcy Exemptions?

Written by Attorney Kassandra Kuehl
Updated April 1, 2022

Bankruptcy exemptions allow filers to protect certain property they own. Kentucky residents who've lived in the state for two years or more can choose between the state's exemptions or the federal bankruptcy exemptions. Below, you’ll find detailed information about each so that you can determine which will be best for you.

Read More →

What Are the Arkansas Bankruptcy Exemptions?

Written by Attorney Kassandra Kuehl
Updated April 1, 2022

Bankruptcy exemptions are important because they help filers protect their property from being sold during a Chapter 7 case. In Arkansas, filers get to choose whether they want to use federal bankruptcy exemptions or the state exemptions. In this article, we'll look at both, so you can decide which is best for you.

Read More →

What Are the North Dakota Bankruptcy Exemptions?

Written by Attorney Kassandra Kuehl
Updated July 28, 2020

One straightforward thing about filing for bankruptcy in North Dakota is that it doesn’t allow residents to claim federal bankruptcy exemptions. Although 17 jurisdictions in the United States do allow residents to apply federal exemptions to their property, North Dakota law doesn’t provide a choice between federal exemptions and state exemptions. Therefore, unless you moved to North Dakota less than 2 years ago, you don’t have to worry about comparing state law with federal law in this regard. Simply evaluate the North Dakota exemptions listed below and claim them if they apply to you. However, if you have qualifying assets, you will also want to take the federal nonbankruptcy exemptions into consideration in addition to the state-specific structure.

Read More →

What Are the New Hampshire Bankruptcy Exemptions?

Written by Attorney Kassandra Kuehl
Updated April 1, 2022

Exemptions protect certain property throughout a bankruptcy case. New Hampshire residents have a choice to make when claiming bankruptcy exemptions. As long as you’ve lived in New Hampshire for a minimum of two years, you can choose to claim either the New Hampshire exemptions or the federal exemptions. You aren’t allowed to pick and choose exemptions from both structures, so you’ll want to carefully compare the values of each to decide which will protect more of the property you own.

Read More →

What Are the Rhode Island Bankruptcy Exemptions?

Written by Attorney Kassandra Kuehl
Updated April 1, 2022

When you fill out your bankruptcy petition, you'll have to choose which exemptions you’ll apply to your property. Exemptions are a part of bankruptcy law that allow filers to protect some or all of their property. Rhode Island bankruptcy law allows residents who've lived in the state for at least two years to claim either state bankruptcy exemptions or the federal bankruptcy exemptions. This article explains the most common exemptions and compares the state and federal exemptions.

Read More →

What Are the Montana Bankruptcy Exemptions?

Written by Attorney Kassandra Kuehl
Updated December 3, 2021

Montana is not one of the 17 states that allows residents to claim federal exemptions instead of state-specific ones. As a result, as long as you’ve lived in Montana for at least two years, you’ll need to claim state-specific exemptions (as detailed by Montana law) to your property when filing for Montana bankruptcy. This makes the process of claiming bankruptcy exemptions fairly straightforward, as you don’t have to choose between the federal exemption scheme and the Montana exemptions. Simply claim every exemption that applies to you under state bankruptcy law and you’ll keep as much of your property safe from your trustee as possible.

Read More →

What Are the Mississippi Bankruptcy Exemptions?

Written by Attorney Kassandra Kuehl
Updated July 28, 2020

Under Mississippi law, almost all Mississippi residents must apply state exemptions to their property, as Mississippi doesn’t allow filers to claim federal exemptions unless an exception for a certain kind of property is allowed under federal law. Mississippi isn’t alone in this approach, as only 17 states allow filers to apply federal bankruptcy exemptions to their property instead of state exemptions. The only scenario under which you’d claim anything other than Mississippi exemptions is if you moved to Mississippi less than two years ago. Because Mississippi residents only have one exemption model to apply to their assets, the process of claiming exemptions is relatively straightforward.

Read More →

What Are the South Dakota Bankruptcy Exemptions?

Written by Attorney Kassandra Kuehl
Updated November 6, 2021

South Dakota is among the majority of states that doesn’t allow residents to claim federal bankruptcy exemptions. Sixteen states and the District of Columbia allow residents to choose from their state exemption structure or the federal exemption structure per the federal Bankruptcy Code. As South Dakota does not, this makes the process of claiming exempt property more straightforward because you won’t have to compare two schemes to see which is more advantageous. As long as you’ve lived in South Dakota for a minimum of two years, you’ll apply state bankruptcy law and federal nonbankruptcy exemptions only when claiming exemptions for your personal property.

Read More →

What Are the Vermont Bankruptcy Exemptions?

Written by Attorney Kassandra Kuehl
Updated April 1, 2022

Bankruptcy exemptions protect certain property during a bankruptcy case. Vermont residents can choose between the state's bankruptcy exemptions or federal bankruptcy exemptions.

Read More →

What Are the Washington D.C. Bankruptcy Exemptions?

Written by Attorney Kassandra Kuehl
Updated April 1, 2022

D.C. law allows Chapter 7 bankruptcy filers to apply either federal bankruptcy exemptions or exemptions unique to the District (including certain federal nonbankruptcy exemptions) to their property. This means that you can choose the set of exemptions that's best for your situation. The information below will help you to compare each set. Note however, that if you moved to the District of Columbia less than two years ago, you may be required to use the federal exemptions.

Read More →

What Are the West Virginia Bankruptcy Exemptions?

Written by Attorney Kassandra Kuehl
Updated November 6, 2021

Claiming bankruptcy exemptions is straightforward for West Virginia residents because the state doesn’t allow filers to claim federal bankruptcy exemptions. A minority of states allow their residents to choose between applying state exemptions and federal exemptions to their property. However, because West Virginia is part of the majority, you’ll only need to worry about applying state-specific exemptions and federal nonbankruptcy exemptions to your assets. Take note however, that if you moved to West Virginia less than two years ago, you may need to deal with exempt property matters according to the law of your state of previous residence.

Read More →

What Are the Wyoming Bankruptcy Exemptions?

Written by Attorney Kassandra Kuehl
Updated November 6, 2021

Some states allow their residents to choose between claiming state exemptions and federal exemptions; Wyoming is not one of these states. As a result, you don’t have to worry about learning more about federal bankruptcy exemptions. While much of your case will be impacted by the federal Bankruptcy Code and federal law, this is one area where you’ll generally only need to pay attention to state law, with a few exceptions. The only exception to this rule comes into play if you’ve lived in Wyoming for less than two years. In this case, you may need to claim exemptions according to the federal Bankruptcy Code or the law of your previous state of residence.

Read More →

How Can I File Chapter 7 and Keep My House?

Written by Krishna PatelLegally reviewed by Attorney Andrea Wimmer
Updated March 17, 2022

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. Read on for more information about how filing Chapter 7 bankruptcy might affect your mortgage and property rights.

Read More →

What Are the Georgia Bankruptcy Exemptions?

Written by Attorney Karra Kingston
Updated January 5, 2022

When you file for bankruptcy you will learn that there are federal bankruptcy exemptions and state exemptions. Georgia does not allow you to use the federal exemptions. So, if you plan to file bankruptcy in Georgia, you will be limited to using only the Georgia exemptions. One exception to this rule is that you can use the federal nonbankruptcy exemptions to protect certain retirement accounts and disability benefits.

Read More →

How To Get Out of Paying HOA Dues

Written by Amy CarstLegally reviewed by Attorney Andrea Wimmer
Updated October 1, 2021

If you live in a condo, you are likely familiar with the term homeowners association (HOA), and the purpose it serves. An HOA essentially creates and enforces the rules governing the property and residents of a condominium or other type of community association. When someone purchases property that is part of an HOA, they automatically become a due-paying member. These dues, called HOA fees, association fees, or association dues, can be low or high, just as the HOA rules may be lenient or very restrictive.

Read More →

What Type of Bankruptcy Should I File If I Have Assets?

Written by Attorney Karra Kingston
Updated April 1, 2022

If you are considering bankruptcy to help tackle your debt, your exemptions and assets will play a vital role in determining which type of bankruptcy you should file and what will happen to your property. This article will discuss what an asset is and why it matters when filing bankruptcy.

Read More →

What Happens If I Have Pawned Property and File For Bankruptcy?

Written by the Upsolve TeamLegally reviewed by Attorney Andrea Wimmer
Updated October 30, 2021

Pawn transactions are almost always the last option for individuals seeking cash, as pawn contracts do not favor the borrower. They favor the pawnshop or title loan company. If you’re thinking about filing for bankruptcy, read on to learn more about how pawn shops work, what a title loan is, and what happens to these transactions in a bankruptcy case.

Read More →

How to Protect Property from Garnishment

Written by the Upsolve TeamLegally reviewed by Attorney Andrea Wimmer
Updated July 28, 2020

A garnishment is an order by a court to withhold and surrender a portion of a person’s pay to another entity that has been awarded a judgment against the debtor. Exemptions exclude certain property or funds from being taken by way of garnishment or levy.

Read More →

Is Life Insurance Protected in Bankruptcy?

Written by Attorney Paige Hooper
Updated March 7, 2022

If you own a life insurance policy that has a cash value or if you’re the beneficiary under a life insurance policy and the policyholder dies, it can affect your bankruptcy filing. You may be able to claim a policy with cash value as exempt, but this depends on your state’s exemption laws. If you receive money from life insurance policy after someone dies and you recently filed or will soon file bankruptcy, you need to report the proceeds to your bankruptcy trustee.

Read More →

Intellectual Property and Bankruptcy

Written by the Upsolve TeamLegally reviewed by Attorney Andrea Wimmer
Updated August 28, 2020

Intellectual property receives special treatment in bankruptcy. It's important to evaluate applicable law, review licenses, contracts, ownership status, and navigate IP laws, bankruptcy laws, contract laws, and state laws before filing a bankruptcy.

Read More →

What Is the Process of a Nonjudicial Foreclosure?

Written by the Upsolve TeamLegally reviewed by Attorney Andrea Wimmer
Updated December 3, 2021

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 →

What Personal Property Can be Seized After a Judgment?

Written by Attorney Andrea Wimmer
Updated February 23, 2022

If a creditor gets a court judgment against you, they may be able to seize some of your personal property if it isn’t covered by an exemption. It costs creditors money to sue you and try to take your property, so it’s pretty rare for creditors to do that. More frequently, they’ll use a wage garnishment or levy your bank account to satisfy a judgment against you.

Read More →

Does Bankruptcy Affect Child Support?

Written by Attorney Andrea Wimmer
Updated September 29, 2020

Whether you’re receiving or paying child support, a bankruptcy filing will not affect it. If you’re owed back child support, it’s an asset. If you’re the one paying child support and owe an arrearage, it’s considered an unsecured priority debt that is not dischargeable.

Read More →

Tax Refunds and Bankruptcy Exemptions

Written by Attorney Andrea Wimmer
Updated April 19, 2022

Tax refunds can be used to pay creditors if they're not protected by an exemption. This is an overview of states with no or little protection for tax refunds.

Read More →

4 Things To Know About Defaulting on Your Mortgage

Written by Attorney Kimberly Berson
Updated November 26, 2021

What is a mortgage default? What happens when you default on your mortgage? What can you do if you have missed payments to a mortgage lender? Homeowners experiencing financial hardship are struggling with these questions. This article discusses what you need to know about defaulting on your mortgage.

Read More →

Can I Walk Away From a Mortgage?

Written by Attorney John Coble
Updated November 29, 2021

If you’re struggling financially and can’t make payments on your mortgage loan, you may be wondering what to do. If you owe more on your house than what it's worth, it could make sense to quit making payments and walk away from your mortgage, but it's good to keep in mind that there are consequences to walking away from a mortgage. There are also other options available to you for making your mortgage payment more manageable. Read on to learn about what you can do if you're upside down on your mortgage loan.

Read More →

Can My Mortgage Lender Bid For My Home At A Foreclosure Sale?

Written by Natasha Wiebusch, J.D.
Updated July 22, 2021

As a homeowner, you might be surprised to learn that at the foreclosure sale, your own mortgage lender can place a bid (called a credit bid) on your home. Read more to learn about why mortgage lenders do this and what happens at a foreclosure sale.

Read More →

How To Stop a Foreclosure

Written by Attorney Curtis Lee
Updated November 11, 2021

If you find yourself facing a foreclosure, it might seem like there’s nothing you can do to fight the process. But depending on your financial situation and the state you’re in, there may be several options to get back on track with your mortgage payments, reduce the impact on your credit report, or stop your lender from foreclosing on your home. This article examines the difference between judicial and nonjudicial foreclosures, the different stages of a foreclosure, and strategies you can use to stop a foreclosure.

Read More →

What To Expect After a Foreclosure Sale

Written by Mark P. Cussen, CMFC
Updated November 29, 2021

If your home has been foreclosed, you’re probably wondering what your options are at this point. Going through the foreclosure process is stressful, and having to figure out what to do next only adds to that. Fortunately, you do have options. There are few ways you may be able to stay in your home after foreclosure. Or if you decide it’s better to leave, you have options there too. Here’s what you can expect to see after the foreclosure process has run its course.

Read More →

Mortgage Reinstatement: What Is It and How Does It Work?

Written by the Upsolve TeamLegally reviewed by Attorney Andrea Wimmer
Updated November 8, 2021

If you’re behind on your mortgage loan payments and are now getting back on your feet, a mortgage reinstatement can help you bring your mortgage current. If you reinstate your loan and start making regular payments again, you won’t have to fret over a potential foreclosure or losing your property. Keep reading and we’ll help you learn more about what a mortgage reinstatement is, how it works, and what you can do if you’re not able to reinstate your mortgage.

Read More →

Staying in Your Home During and After Foreclosure

Written by the Upsolve TeamLegally reviewed by Attorney Andrea Wimmer
Updated November 29, 2021

As long as the title to a house that hasn't been condemned remains in the homeowner's name, they may continue to live in that house. After a foreclosure has been finalized, if the former owner doesn't redeem their house, they'll have a limited amount of time to live there before they must move or risk formal eviction.

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.