Everything You Need to Know About Upsolve for Bankruptcy or Debt Relief

What Is Upsolve?

Upsolve is a nonprofit that helps low-income Americans overcome their debt. We offer a free filing tool that helps people file Chapter 7 bankruptcy without a lawyer.

But we know that bankruptcy isn't the only option for dealing with debt. That's why we're expanding our services with Upsolve Assist, a comprehensive debt relief platform launching soon. Upsolve Assist provides personalized guidance on various debt relief options like debt repayment plans, consolidation, debt management plans, settlement, and income-driven repayment plans for student loans.

Founded in 2016, we’ve helped over 14,000 families erase more than $600 million in debt. Our work has been recognized by the Washington Post, TIME magazine, Fast Company, Forbes, The Wall Street Journal, and The New York Times.

Is Upsolve a Petition Preparer?

No. Upsolve is a nonprofit that provides a free self-service software tool for low-income Americans filing Chapter 7 bankruptcy without an attorney. Upsolve is not a bankruptcy petition preparer.

Is Upsolve My Lawyer?

Upsolve is not your lawyer. Upsolve doesn’t provide legal advice in any way. A trained Upsolve team member will review your case before filing, as a safeguard to ensure that no technical glitches occurred. But Upsolve doesn't ensure the completeness or accuracy of your documents. 

In the eyes of the court, you are representing yourself, filing bankruptcy on your own. This is called filing pro se.

Can Upsolve Help Me File Chapter 7 Bankruptcy?

Upsolve isn’t for everyone. It’s only for simple Chapter 7 cases. 

We only let people use our free Chapter 7 filing tool if we believe that the outcome they’d receive with our service is the same outcome they’d receive through a traditional attorney. There’s no way to ever know this for sure, so we’re careful to only build our software for simple cases. Our guiding philosophy is to do no harm.

We screen out complicated cases in the best interests of our users. We want everyone who should get a discharge to get a discharge, and we don’t want people to use Upsolve’s bankruptcy filing tool if we think this tool isn’t right for them. Local lawyers are best for people who don’t have simple Chapter 7 cases. They can ensure that you’re able to protect important property like a home. If you don’t qualify to use Upsolve’s free filing tool, we can help connect you with a local attorney for a free consultation.

Upsolve’s Limits

Upsolve isn’t able to help people who have complicated Chapter 7 cases.

Here are three of the most common reasons why we tell people they can’t use our free Chapter 7 filing tool:

1. You own a home. Upsolve doesn't help homeowners because of the variety of issues that can arise for homeowners. Whether that is catching up on or modifying a mortgage, or making sure that the filer's home is not at risk of being sold by the trustee, we don't want to take any chances with people's homes.

2. You earn above the median income for your state. If you earn above the median income for your state, a sophisticated and in-depth means test analysis is necessary to determine whether you qualify for Chapter 7 relief. This requires legal analysis and knowledge of highly localized norms and procedures that our software can’t provide. 

3. You have a pending personal injury lawsuit. If you're entitled to a possible recovery in a personal injury lawsuit when you file bankruptcy, the trustee may step in and conclude or settle the lawsuit, then distribute some or all of the proceeds to your creditors. Our software is unable to assist you through this challenge.

There are several other reasons why someone might not be a good fit for Upsolve. You can learn more in our Help Center.

How Much Does It Cost To File Bankruptcy With Upsolve?

Upsolve’s filing tool is 100% free to use. This helps save our users thousands of dollars in attorney fees.

That said, there are other costs you should be aware of when filing bankruptcy, including:

• Court filing fee, which is currently $338 for Chapter 7 (eligible filers can apply for a fee waiver)

• Required bankruptcy course fees, which can range from $10 to $50 (eligible filers can apply for a fee waiver)

• Miscellaneous costs (e.g., printing fees, travel costs, etc.)

To learn more about bankruptcy costs, read our comprehensive article How Much Does It Cost To File Bankruptcy?

How Is Upsolve Free?

Upsolve is a nonprofit, and we’re able to offer our services for free thanks to funding from charitable foundations and individuals, including the Gates Foundation, Robin Hood Foundation, Annie E. Casey Foundation, Fast Forward, Horace Goldsmith Foundation, and the government-funded nonprofit Legal Services Corporation (LSC).

Though the largest portion of Upsolve’s budget comes from grant funding, we also earn some revenue through attorney referrals for users we aren’t able to help and referrals to other trusted debt relief providers.

To learn more, read How Is Upsolve Free?

How Many Steps Are There From Start to Finish Before I File My Bankruptcy Case?

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

1. Complete the bankruptcy questionnaire.

2. Upload tax returns and pay stubs.

3. Complete the first credit counseling course.

4. Choose a filing date.

5. Let Upsolve perform a quality control review.

6. Review your paperwork.

7. Print, sign, and file with the bankruptcy court!

The whole process takes about 2–3 hours of your time. Note that it can take up to two weeks for Upsolve to do a quality control review of your forms.

After you file, be sure to return to my.upsolve.org and complete the post-filing steps. A fresh start is right around the corner!

How Does the Attorney Referral System Work?

If you need to speak with a bankruptcy attorney — either because you aren’t eligible to use Upsolve’s free filing tool or because you prefer to work with a lawyer — Upsolve can connect you with a local attorney for a free consultation. We match you with an attorney in our network who’s licensed to practice in your state. Each attorney we refer to specializes in consumer bankruptcy and is committed to helping people access their rights under bankruptcy law.

Our network of attorneys has a mission to support everyday consumers in navigating bankruptcy, and they’ve taken an oath to uphold Upsolve’s mission to provide compassionate, accessible, and affordable legal help. Many of our partner attorneys charge fees that are typically lower than the national average or other local attorneys in the area. Together, our network of attorneys helps tens of thousands of people each year explore their options for debt relief. Upsolve earns a small fee for attorney referrals.

What Happens During the Free Consultation With an Attorney?

During a free consultation with a bankruptcy attorney, you’ll discuss your finances and get a better understanding of whether bankruptcy is a good option for you. Here’s what to expect:

• An overview of your financial situation: The attorney will ask about your income, debts, and assets to get a clear picture of your finances. It helps to bring recent statements or know key details about what you owe.

• An explanation of bankruptcy options: The attorney will explain the basics of Chapter 7 and Chapter 13 bankruptcy, including which type you might qualify for and how each works.

• An outline of the process: You’ll get an overview of the bankruptcy process, including the steps involved, how long it might take, and what costs are associated.

• A discussion of outcomes: The attorney will talk about what life after bankruptcy could look like, including effects on your credit and which assets you may be able to keep.

• Time for questions: This is your chance to ask questions and address any concerns you have about your specific situation.

You don’t need to make any decisions at this meeting. This consultation is simply a way to get information so you can make an informed choice about your next steps.

How Much Does It Cost To Talk to an Attorney Upsolve Refers You To?

Your first conversation with the attorney you’re referred to is free. It’s part of a free consultation where you can ask questions about your bankruptcy case and see if the lawyer is a good fit for you. This is also a good time to ask how much it will cost to have the attorney represent you during your bankruptcy case. Many lawyers charge a flat fee, but some charge an hourly rate. 

To learn more about how to find the right attorney for you, read Tips for Choosing a Bankruptcy Attorney.

Will the Attorney Charge Me Money or Sell Me Services?

No. The consultation with the bankruptcy attorney is free. It’s meant to provide you with information about the attorney’s services, how they can help you with your case, and what their costs are. If you decide to hire the attorney to help with your bankruptcy case, there will be a fee for their services, which should be presented to you in a clear and transparent way.

Does Upsolve Provide Live Support? How Can I Talk to Someone?

As a small nonprofit, we sadly don't have the resources to be able to provide phone or other live support. If you’re a current user and need to get in touch with us, please visit help.upsolve.org and use the "Submit a Request" feature in the top right corner to send us a message and someone will get back to you as soon as possible. You can also join our Facebook community and get input from other Upsolvers.

If you have general questions about filing bankruptcy, feel free to visit our Learning Center or Help Center anytime to find out more about the process and what to expect.

Can Upsolve Help Me if I'm Being Evicted? 

It depends. If your landlord has won an eviction judgment against you and you want to stay in your home, Upsolve isn’t a good fit for you. Eviction cases can be complicated, and Upsolve’s free bankruptcy filing tool isn’t a law firm. It’s better to have an attorney help you with your case. If your landlord is only in the process of suing for eviction, you can use Upsolve.

Bankruptcy generally erases past rent debt, but you still have to pay your rent going forward after filing to avoid eviction.

Can Upsolve Help Me if I Have a Pending Debt Lawsuit? 

Yes, you can still use Upsolve if you’re facing a debt lawsuit or have a court judgment against you from a creditor or debt collector. When you file your bankruptcy case with the court, an automatic stay goes into effect. This is a legal protection that temporarily stops most collections actions, including pending debt lawsuits, wage garnishments, and bank levies.

Can Upsolve Help Me if I've Recently Moved to a New State or I Plan To Move Soon? 

If you’ve recently moved to a new state or plan to move soon, there are some important rules to keep in mind. To file for bankruptcy in a new state, you need to have lived there for at least 90 days before filing. If you haven’t reached the 90-day mark yet, you’ll need to wait until you have before you can use Upsolve to file in your new state.

Different states have different rules about what property you can keep in bankruptcy (called "exemptions"). If you’ve lived in your new state for less than two years, you may even need to use the exemption laws from the state where you previously lived. Because of these rules, moving during a bankruptcy can be complicated, so consider talking to a bankruptcy attorney if you have questions about your situation.

To learn more, read Can I File for Bankruptcy After Moving to a New State?

Can Upsolve Help Me if I Want To File Bankruptcy With My Spouse?

No. Upsolve is only available for people who are doing an individual Chapter 7 bankruptcy filing.

Under federal bankruptcy rules, married couples can file Chapter 7 bankruptcy together. Unfortunately, due to limitations in our free Chapter 7 filing tool, Upsolve can’t assist couples with a joint filing. That said, you can use Upsolve to file a Chapter 7 bankruptcy as an individual without your spouse. Note that the free filing tool doesn’t allow married couples to complete the process at the same time, even if each spouse is looking to file individually.

If you’re not sure about whether your situation is better suited for a joint filing, consider speaking to a bankruptcy lawyer about your situation.

To learn more, check out Can I File Bankruptcy Without My Spouse? and Will Filing for Chapter 7 Bankruptcy Affect My Spouse?

Can Upsolve Help Me With an Emergency Filing?

Because of court filing deadlines and the high volume of users, Upsolve may not be able to provide a quick turnaround for petitions. As a result, we can't assist with emergency filings.

Can Upsolve Help Me With Chapter 13 Bankruptcy?

No. Upsolve’s free bankruptcy filing tool is only for simple Chapter 7 cases. Chapter 13 bankruptcy is more complicated and lasts a lot longer than Chapter 7, so it’s advisable to hire an experienced attorney to help with these cases. While it’s possible to file Chapter 7 successfully as a pro se filer, the success rates for filing pro se for Chapter 13 are very low. Getting a lawyer gives you the best chance at a successful filing.

To learn more, check out What Is Chapter 13 Bankruptcy? Should I File?

Can Upsolve Help With Me Other Debt and Credit Issues?

Chapter 7 bankruptcy isn’t right for everyone. Upsolve can also help you understand and pursue other debt relief options, including debt management plans, debt settlement, and debt consolidation. 

Who Provides Upsolve’s Debt Management Plans (DMPs)?

Upsolve partners with the nonprofit Cambridge Credit Counseling to offer debt management plans (DMPs) for people struggling with credit card debt and other unsecured debts. If you’re referred to Cambridge, you’ll get a free credit counseling session where you’ll speak with a nationally certified credit counselor. They’ll review your income, expenses, and financial challenges and create a personalized action plan for you. If it seems like a DMP could help you, the counselor will walk you through how it works. There’s no pressure or obligation to enroll in a DMP after your session.

If you choose to move forward with the DMP, you’ll work with Cambridge Credit Counseling directly as they’ll administer and oversee the plan.

What Is Cambridge Credit Counseling?

Cambridge Credit Counseling is a nonprofit organization that helps people manage and overcome debt, especially credit card debt and other types of unsecured debt. They offer free credit counseling sessions with nationally certified counselors who are trained to assess your financial situation and provide personalized advice. Cambridge’s mission is to provide compassionate, judgment-free support to help people regain control over their finances.