Ben Jackson
Upsolve Co-founder and Chief Product Officer
Ben Jackson co-founded Upsolve after his own experience navigating $60,000 of crippling debt and finding freedom through bankruptcy. That journey opened his eyes to how inaccessible and confusing the bankruptcy process was for millions of Americans who needed a fresh start. Motivated by the belief that everyone deserves a second chance, Ben set out to build a tool that simplifies bankruptcy, making it easier for individuals to escape debt and rebuild their financial lives. Along the way, he earned a certificate in Legal Tech and Innovation, fellowships from Equal Justice America and The Kent Justice Foundation, and a law degree from the Chicago-Kent College of Law. His personal story of overcoming financial hardship drives his mission to empower others to achieve the same freedom.
Articles written by Ben Jackson
Every Type of Bankruptcy Explained
Written by Ben Jackson. Legally reviewed by Jonathan Petts
Updated February 18, 2025
There are six different types of bankruptcies. Chapter 7 and Chapter 13 are the most common types of personal bankruptcy. Chapter 7 is also called a liquidation. It allows the filer to get rid of most of their debts without repaying anything. It works best for individuals without assets like a home. Chapter 13 bankruptcy puts the filer on a repayment plan and can help protect assets like a home. The goal of personal bankruptcies like Chapter 7 and 13 is to give the filer a financial fresh start and relieve them of debt they may never be able to repay. Businesses, farmers, and municipalities can also file bankruptcy under Chapters 9, 11, 12, and 15. These less common types of bankruptcy may be used to restructure or reorganize debt.
Read More →I Got My Chapter 7 Discharge! Now What?
Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 31, 2025
A bankruptcy discharge is a court order that permanently eliminates your legal obligation to repay certain debts and prevents creditors from trying to collect them. In Chapter 7 bankruptcy, this typically happens within a few months, while in Chapter 13, it occurs after you complete a 3–5-year repayment plan. Most unsecured debts, like credit card balances and medical bills, can be discharged, but some — such as child support, alimony, and recent taxes — cannot. Once you receive your discharge, you can focus on rebuilding your financial future by checking your credit report, creating a budget, and using credit responsibly.
Read More →What To Do If You Don’t Remember Everyone You Owe Money?
Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025
If you're overwhelmed by debt collectors and collection agencies calling you to collect a debt, it can seem as though you'll never be able to remember who they all are. But, it's important to give the bankruptcy court a list of all of your creditors, so here are some steps you can take to make sure you didn't miss anyone.
Read More →Will filing for Chapter 7 bankruptcy affect my spouse?
Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025
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.
Read More →Should I File For Bankruptcy or Try Debt Relief?
Written by Ben Jackson. Legally reviewed by Jonathan Petts
Updated January 30, 2025
When you’re trying to figure out the best debt relief option, first consider how much debt you have, whether you want to call in outside help or support, how quickly you’re hoping to repay the debt, and how important your credit score is to you right now. You have several debt-relief strategies available to you, and each has its pros and cons.
Read More →Chapter 7 vs. Chapter 11 Bankruptcy
Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025
Chapter 11 bankruptcy can be quite similar to Chapter 7 bankruptcy. But it's also really different. Learn how each type of bankruptcy can provide you with debt relief.
Read More →How To Deal With the Stress of Bankruptcy
Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025
The stress leading up to bankruptcy can often be overwhelming and difficult to mange. Many people struggle with the emotional toll of being in a lot of debt. Luckily, you’re not alone and bankruptcy is a great way to get relief after difficult times.
Read More →How To Find a Credit Repair Lawyer
Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025
A credit lawyer can help you repair your credit score by correcting mistakes and errors on your credit report. But you can perform many of these steps yourself without an attorney.
Read More →What if I Paid Someone Back in the Year Before Bankruptcy?
Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025
If you're filing for bankruptcy, you probably owe many debts. If you repay some of those debts but not others in the year before bankruptcy, the trustee in your bankruptcy case may try to recollect some portion to redistribute the repayment more evenly across all your creditors.
Read More →I missed my 341 Meeting! What should I do now?
Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025
If you miss your scheduled 341 Meeting it is imperative that you speak with your assigned trustee ASAP and reschedule!
Read More →Will Filing for Bankruptcy Stop a Levy?
Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025
Filing bankruptcy can stop a bank levy. When you file bankruptcy, you get the protection of the automatic stay. Under the automatic stay, creditors can't try to collect from you in any way, including a bank levy. Other ways to stop a bank levy include: - Paying the debt (if possible - Negotiating a payment agreement with the creditor - Alleging that the credit made a legal error in the process to obtain permission to levy your account - Alleging that the statute of limitations to collect the debt has expired - Alleging that the funds in the account are protected from levy
Read More →What Is a Tax Return?
Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025
It is important to take all the necessary steps to make sure that you have copies of your tax returns or transcripts when you file for bankruptcy. Your tax returns will give the Bankruptcy Court and your Trustee an idea of your financial history. To ensure your bankruptcy case goes smoothly make sure to locate copies of them before filing your bankruptcy case, so you don’t have to rush later.
Read More →Low Income Bankruptcy: Find the Option for You
Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025
There are special options available to low-income people filing for bankruptcy. Find out if one is right for you.
Read More →Frequently Asked Questions About Bankruptcy and Tax Refunds
Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025
It's pretty well-known that tax debts typically can't be discharged in bankruptcy. But what if you're getting a refund? This article answers some of the frequently asked questions about tax refunds and bankruptcy.
Read More →Do I have to pay the $338 filing fee?
Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025
You generally have to pay the fee if you earn above 150% of the poverty line for your state, and you generally don't have to pay the fee if you earn below 150% of the poverty line.
Read More →Will My Bankruptcy Affect My Child's 529 College Saving Plan?
Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025
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 →Filing for Bankruptcy with Electronic Self-Representation (ESR)
Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025
This article provides an overview of Electronic Self-Representation and how you can use it to file for Chapter 7 bankruptcy by yourself without the help of an attorney. If you can't afford an attorney, but don't want to go through the process on your own, Upsolve may be able to help!
Read More →What Is Post-Petition Debt?
Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025
Debt you acquire after you file your bankruptcy petition is called post-petition debt. Post-petition debt won't be discharged in your bankruptcy. But post-petition debt isn't the same as debt you forgot to include on your bankruptcy forms.
Read More →Can Filing Chapter 7 Bankruptcy Help Get Back Garnished Wages?
Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025
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.
Read More →Can I File a Chapter 13 Bankruptcy if I'm Unemployed?
Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025
Chapter 13 bankruptcy requires filers to make a monthly payment on a court-approved 3-5 year repayment plan. You don't have to be employed to file a Chapter 13 bankruptcy, but you do have to show you're capable of making those monthly payments to your trustee. For most people, this requires regular income.
Read More →What is a Debt Collection Attorney?
Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025
A debt collection attorney is a type of attorney who specializes in debt collection. They can represent either creditors or borrowers, so it is smart to find a debt collection attorney who specializes in a practice area specific to your type of case. While a debt collection attorney cannot make your debt disappear, they can help you navigate the debt collection process and protect your legal rights. Keep in mind, though, that hiring a lawyer will be an additional cost to you.
Read More →I’m a 1099 Contractor. How is My Bankruptcy Different?
Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025
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.
Read More →How to File Bankruptcy Without a Lawyer?
Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025
There's nothing that says you have to hire a lawyer to get bankruptcy relief. You can file bankruptcy without a lawyer either by yourself or with the help of a legal aid organization.
Read More →How Do I Prepare for Bankruptcy?
Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025
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.
Read More →How To Win Against Penn Credit
Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025
If Penn Credit reaches out to you, they may be looking to collect a debt they think you owe. Before paying anything, validate that the debt is legitimate and yours. If you agree that you owe the money, you can figure out how much of the debt you can pay and begin debt settlement negotiations to pay less than the full amount. If Penn Credit sues you, respond immediately by filing an answer form. Most importantly, try not to stress — you’ve got this!
Read More →Can Social Security Overpayments be Discharged in Bankruptcy?
Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025
If you owe money to the government due to an overpayment of social security benefits, you may be concerned about whether you’ll be able to eliminate this debt as part of a Chapter 7 bankruptcy. Keep reading to learn how to make sure you are able to discharge your debt for this overpayment.
Read More →How do I know if my fee is waived?
Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025
For the court filing fee, you'll get a notice in the mail that tells you if your fee is waived.
Read More →What is an "Official Form 309A -- No Proof of Claim?"
Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025
The court sends this document to the creditors you listed on your bankruptcy paperwork when you file. It gives each creditor important information about your case and tells them what they need to do if they have a reasonable objection to your bankruptcy.
Read More →What Are Our Limits?
Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025
To determine if someone is a good fit for Upsolve, we ask hundreds of questions. If someone isn't a good fit for our free tool based on their answers, we let them know.
Read More →Will Chapter 7 Bankruptcy Lower My Credit Score?
Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025
Most people who have low credit scores and file for bankruptcy actually see their credit scores improve.
Read More →How to Fix a Mistake on your Bankruptcy Forms After Filing
Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025
When you file for bankruptcy and submit your forms you testify under oath that your forms are true and correct. If your bankruptcy forms have inaccuracies and you don’t fix your mistake, the Bankruptcy Court may assume that you’re purposely trying to hide information. Making an amendment to your forms is simple and shows the Court that you made a mistake.
Read More →Is a bankruptcy discharge public record?
Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025
There are a few, limited ways that your bankruptcy becomes public record.This alone shouldn't stop you from choosing to file for bankruptcy.
Read More →Will My Employer Find Out About My Bankruptcy?
Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025
Your employer will most likely not find out about your bankruptcy case when you file.
Read More →Can I Get a Job, Housing, and Benefits if I File for Chapter 7 Bankruptcy?
Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025
Many people worry that filing bankruptcy will have a negative impact on their housing, job, and other important opportunities. The truth is that the vast majority of bankruptcy filers keep their day-to-day lives intact without issue. The law protects you from being fired for filing bankruptcy, and you can still receive public benefits.
Read More →Can Bankruptcy Take Your 401(k) or IRA?
Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025
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 →Should I File for Bankruptcy After a Foreclosure?
Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025
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 →What You Should Know About Bankruptcy And Luxury Items
Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025
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 →Requirements for Chapter 7 Bankruptcy
Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025
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.
Read More →What Are the Florida Bankruptcy Exemptions?
Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025
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 →Will I lose my personal injury settlement award if I file for bankruptcy?
Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025
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 →How Can I Find a Free Bankruptcy Lawyer in New York City?
Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025
If you're looking for an affordable bankruptcy lawyer, look no further. Upsolve is a nonprofit that helps low-income Americans get the fresh start they need through Chapter 7 bankruptcy. We'll also help you look at other resources for affordable bankruptcy lawyers.
Read More →Giving Gifts Before Filing Bankruptcy
Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025
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 →Unemployed and Struggling with Student Loan Debt? Here's What You Can Do
Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025
If you’re unemployed and you have student loan debt, it might feel or be impossible to make your student loan payments. Missing payments can cause serious consequences, but you have options. If you lose your job, be proactive in managing your student loan repayment. You can request deferment and forbearance, which puts a temporary pause on loan payments. You can also apply for an income-driven repayment plan, which may reduce your monthly payment to as low as $0.
Read More →How Do I Add a Creditor After I've Filed My Forms?
Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025
What follows is a step by step guide on how to add a creditor after filing bankruptcy. The process for this is often very specific and differs from district to district, but there are some things that are the same across the board. If you're an Upsolve user, you can use the case editor and the self-service amendment feature to update your forms.
Read More →Can filing bankruptcy stop a debt collection lawsuit against me?
Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025
In most cases, yes. In fact, facing a possible judgment or receiving one in a debt collection case is often why you might decide to file for bankruptcy. A debt collection lawsuit is a civil lawsuit (not criminal). These most often occur if a creditor has filed a suit against you for non-payment of a debt which may lead to the creditor garnishing your paycheck.
Read More →What Bills Should I Keep Paying After Filing Bankruptcy?
Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025
One of the biggest benefits of filing bankruptcy is the automatic stay that goes into effect as soon as the case is filed. It means that your creditors (those you owe a debt) are not allowed to keep asking you for money. But, just because you don’t have to pay your debts after filing bankruptcy, you’ll still have some expenses to pay going forward. This article will explore what kind of bills a person filing Chapter 7 bankruptcy has to pay even after their case is filed.
Read More →How much of my income can be garnished?
Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025
If a creditor is garnishing your wages for a judgment they have against you, then federal law says that the creditor can take no more than 25% of your disposable income, or the amount you earn that is greater than 30 times the federal minimum wage, whichever is less.
Read More →Car Co-Owner vs. Co-Signer: What’s the difference?
Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025
A co-signer on a car loan is obligated to pay the loan if the other person defaults on their payment obligation while a co-owner of a car has an ownership interest in the vehicle itself. This article explains how to properly disclose these relationships in your bankruptcy forms.
Read More →How To Win Against Aldous & Associates
Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025
Aldous & Associates is a third-party debt collector that collects consumer debts for telecommunication companies, property management firms, and health and fitness clubs. If they contact you, they are likely looking to settle a debt. Before you pay anything, it’s best to validate the debt. If the debt is legitimate but you can’t afford to pay it in full, you can try to negotiate the amount down. If Aldous & Associates sues you for unpaid debt, file an answer form as soon as possible to avoid wage garnishment or other serious consequences.
Read More →How To Respond to a Missouri Debt Collection Court Summons
Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025
If you get a summons and petition informing you that you’ve been sued for a debt in Missouri, you need to respond by following the court instructions on the summons form. This often means: 1. Drafting an answer form. 2. Addressing each of the debt collector’s claims against you. 3. Listing your defenses and affirmative defenses. 4. Filing your answer form with the court and serving a copy on the person suing you. You have 30 days to respond to a debt collection lawsuit in Missouri, but if your hearing date is before 30 days from the date on the summons, you might need to respond before your hearing date.
Read More →How To Answer an Alabama Debt Collection Court Summons
Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025
Answering a debt lawsuit is easier than you might think! You simply need to fill out an official court answer form, tell the court why you disagree with the lawsuit, and file the paperwork with the court. Then, you have to send a copy of your answer form to the person suing you. Finally, wait to get notice from the court about next steps. If you contest the lawsuit, the court will schedule a hearing date to hear both sides of the story.
Read More →Tips for Choosing a Bankruptcy Attorney
Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025
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!
Read More →What Does It Mean To Be Judgment Proof?
Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025
Being judgment proof means that you do not have anything for a creditor to collect if they sue you and win. As you can imagine, this means that they are not likely to sue you. It does not mean that they can't sue you, just that they probably won't be able to collect if they do decide to take you to court.
Read More →I am planning to get married soon after I file. Will my bankruptcy affect my spouse?
Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025
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.
Read More →Best Do It Yourself Chapter 7 Bankruptcy Software
Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025
Bankruptcy doesn't have to be expensive or confusing. You can use do-it-yourself Chapter 7 bankruptcy software online. Check out Upsolve to get started with our free bankruptcy process.
Read More →Subsidized vs. Unsubsidized Student Loans: What’s the Difference?
Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025
There are two broad categories of federal student loans: subsidized and unsubsidized. Subsidized student loans are granted based on financial need. The main advantage of subsidized loans is that they don’t accrue interest while you’re in school or if you get approved for deferment after entering repayment. These loans are called subsidized because the federal government pays some of the interest on the loans. Unsubsidized loans aren’t based on financial need and do accrue interest while you’re in school or in a period of deferment or forbearance after you enter repayment. Because interest is treated differently on unsubsidized loans, they often end up costing more over the long run than subsidized loans. This is why many student loan experts recommend maxing out any subsidized loans you’re offered before getting unsubsidized loans.
Read More →Can I Discharge Tickets, Fines, and Tolls in Bankruptcy?
Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025
It's not easy to discharge most tickets and government fines in bankruptcy. Though it depends on what the tickets or fine was assessed for, many tickets and fines are non-dischargeable debts. That means you have to repay them even if your bankruptcy case is successful in discharging other debts like credit card or medical bills. That said, filing Chapter 13 bankruptcy can be a good way to manage non-dischargeable fines and fees. It can also help you get your driver’s license reinstated if it’s been suspended due to unpaid fines.
Read More →How To Find a Bankruptcy Attorney Near Me
Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025
Tips for finding a bankruptcy attorney.
Read More →Your Guide to Arizona’s Debt Collection Laws
Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025
In Arizona, most debt collectors must follow regulations set out in state and federal law. These laws were designed to increase transparency and fairness in the debt collection process. Arizona state law mirrors the many protections set out in the federal Fair Debt Collection Practices Act (FDCPA), which prohibits third-party debt collectors from harassing or deceiving you. If debt collectors violate the law, you can report them and sometimes even sue them for damages. The statute of limitations for credit card debt in Arizona is three years. It’s six years for medical debt.
Read More →My case was dismissed. When can I refile a new case or reopen my case?
Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025
As soon as a bankruptcy case is dismissed, the automatic stay ends and collections can resume. You can either reinstate your case or file a new bankruptcy one.
Read More →If I received a discharge, when can I refile?
Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025
If your bankruptcy was fully discharged, you can refile bankruptcy after a certain amount of time has passed. If you file before the time limit is up, you will not be entitled to have your debts discharged.
Read More →Creditor Calling After You File Bankruptcy? Do This.
Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025
Creditors and debt collector aren't allowed to contact you after you file your bankruptcy case with the court. If a creditor contacts you anyway, it's usually by mistake. Answer the phone, tell them about your pending bankruptcy, and request that they stop calling. If they continue to contact you, let the court know right away, so they can put an end to it immediately and, if appropriate, punish the creditor for their conduct.
Read More →How To Deal With Penn Credit
Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 28, 2025
Penn Credit is a third-party debt agency that collects on past-due bills from hospitals, governments, toll road operators, and utility companies. If Penn Credit contacts you to collect a debt, validate the debt before you pay anything. If the debt isn’t yours or the amount is incorrect, dispute it. If the debt is yours but you are unable to pay it, consider negotiating a settlement.
Read More →Credit Unions & Bankruptcy
Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 28, 2025
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 →How To Answer a Washington Debt Collection Court Summons
Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 28, 2025
If you’re sued for a debt in the state of Washington, it’s important to respond! And it might be easier than you think. Here are the basic steps: 1. Fill out an answer and appearance form. 2. Complete a certificate of service form. 3. File your forms with the court within 20 days of receiving the summons. 4. Deliver a copy of your answer form to the person suing you.
Read More →How To Fight Student Loan Debt in Bankruptcy: Adversary Proceedings Explained
Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 28, 2025
If you want to get your federal student loan debt discharged as part of your bankruptcy case, you’ll need to file an adversary proceeding (AP). An AP is a legal process used in bankruptcy court to resolve specific issues or disputes that arise during a bankruptcy case. Due to changes in late 2022, APs for federal student loan discharge may look different than other APs. Under the 2022 guidance, discharge proceedings are meant to be simpler and more efficient for bankruptcy filers. If you’re filing an adversary proceeding to discharge federal student loans, you may be able to handle it yourself, without hiring an attorney. This article explains how APs work for bankruptcy filers seeking to discharge student loan debt through bankruptcy.
Read More →What Are the Arizona Bankruptcy Exemptions?
Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 28, 2025
Exemptions help you protect your property and assets in bankruptcy. There are both state and federal exemptions, but Arizona has opted out of the federal bankruptcy exemptions. That means, if you’ve lived in Arizona for at least two years when you file your bankruptcy case, you have to use Arizona's exemption laws. Arizona has a generous homestead exemption of $250,000. The motor vehicle exemption is $15,000 for single filers (or $25,000 if you or a dependent is disabled). Arizona does not have a wildcard exemption.
Read More →Your Guide to Oklahoma’s Debt Collection Laws
Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 28, 2025
If you live in Oklahoma, your best line of protection against unfair debt collectors is the Fair Debt Collection Practices Act (FDCPA). This is a federal consumer protection law. Oklahoma hasn’t passed any state-specific debt collection laws to protect its residents. The statute of limitations for written debt contracts — including medical debt and credit card debt — is four years in Oklahoma.
Read More →How Do You Cancel (Vacate) a Court Judgment?
Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 28, 2025
If a judge has issued a default judgment against you, you may be able to have it vacated (canceled) by filing a formal request with the court. This request is called a motion. To successfully have a default judgment vacated, you’ll need to have a good reason for not participating in the lawsuit that led to the default judgment. You should also have your defenses for the original lawsuit prepared. If the court approves the motion, it will review the original debt collection case.
Read More →How To Deal With Resurgent Capital Services
Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 28, 2025
Resurgent Capital Services is a legitimate debt collection agency that collects past-due credit card bills, medical bills, and other consumer debt. The first thing you should do if Resurgent contacts you is verify the amount of the alleged debt and that it actually belongs to you. After confirming the debt is yours, you can choose how to address the situation. If you disagree with any details of the debt, you can dispute it. If you agree that you owe it, you can pay it in full or try to negotiate a debt settlement to pay a reduced portion of the debt.
Read More →Can I File Bankruptcy if I’m in a Debt Relief Program?
Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 28, 2025
Yes, you can file bankruptcy even if you’re in or were in a debt relief program such as a debt management plan. Once you file your bankruptcy case with the court, you can stop making the payments under the debt relief plan you’re in (if you haven’t already). Once the bankruptcy court grants your discharge, you won’t have to worry about repaying the debts included in your case. Many people can benefit from other debt-relief options before filing bankruptcy, but sometimes bankruptcy is the best choice to meet your financial goals and take control of your debt.
Read More →Your Guide to Washington’s Debt Collection Laws
Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 28, 2025
Washington has two state debt collection laws: the Washington Collection Agency Act (CAA) and the Washington Consumer Protection Act (CPA). Combined, these two laws provide important protections for state residents against original creditors, third-party debt collectors, and debt buyers. Washington residents get further protection from the federal Fair Debt Collection Practices Act (FDCPA). The statute of limitations for credit card debt and medical bills in Washington state is six years.
Read More →3 Steps To Getting a Fee Waiver in Bankruptcy Court (Guide)
Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 28, 2025
If you can’t pay the filing fee, you may be able to get the filing fee waived, if you’re eligible, or pay the fee in installments after filing your bankruptcy case, once you’re protected by the automatic stay. Here we discuss the different fee-waiver forms you will need and how to fill them out.
Read More →Your Guide to Missouri’s Debt Collection Laws
Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 28, 2025
Missouri residents are best protected against debt collector misconduct by the federal Fair Debt Collection Practices Act (FDCPA). The FDCPA protects consumers against debt collector harassment, deception, and other unfair practices. In Missouri, the statute of limitations for open accounts — which often includes credit card debt — is five years. The statute of limitations for debts backed by written contracts is 10 years. This often includes medical bills.
Read More →What Happens to My IRS Tax Debt if I File Bankruptcy?
Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 24, 2025
The most common of all of debts owed to the IRS is unpaid income taxes, sometimes called back taxes. Chapter 7 bankruptcy is an option if your tax debt meets certain requirements.
Read More →Can I File for Bankruptcy After a Lawsuit?
Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 24, 2025
Yes, you can file for bankruptcy even after being served with a lawsuit or having a judgment entered against you. Bankruptcy offers a way to manage overwhelming debt and protect yourself from further legal action. Once you file, most lawsuits are paused through an automatic stay. This process can provide the relief and fresh financial start you need.
Read More →Chapter 7 Bankruptcy: What Can You Keep?
Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 24, 2025
Exemptions are the laws that designate what property you can keep during and after your bankruptcy. Chapter 7 bankruptcy exemptions allow most filers to protect all their property during their bankruptcy case. Property includes everything from you home and car to household goods and personal items.
Read More →How To Deal With LVNV Funding
Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 24, 2025
LVNV Funding is a third-party debt collection agency that collects on overdue consumer credit cards and loans. If they are contacting you, your first action should be to validate the debt. Make sure the details they have are accurate before disclosing any information or making payments. Since LVNV Funding purchases debts that have been charged off, they often have inaccurate information. If you do owe LVNV Funding, a great strategy is to negotiate a settlement. You will pay less than the original amount and have peace of mind knowing the debt is behind you.
Read More →How To Deal With CBE Group
Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 24, 2025
CBE Group LLC is a legitimate debt collection agency focusing on consumer debts. If CBE Group contacts you, you’ll first want to validate the alleged debt. After confirming the debt is yours, you can decide how to address matters with CBE Group LLC. Your main choices include disputing the debt (especially if you find inaccuracies or disagree with the specified amount) or negotiating to settle the debt. If you negotiate to settle the debt, you pay a reduced portion of the total amount owed.
Read More →How To Find Out Which Collection Agency You Owe
Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 24, 2025
If you have a debt that gets sent to collections, you may be confused about who you owe. To find out which collection agency you owe, you can contact the original creditor or check your credit report. If a collection agency has been in contact with you, ask them to verify the debt. Compare this information with the information on your credit report and your personal financial records so you don’t pay more than you owe or get scammed.
Read More →How Do You Answer a Summons for Debt Without an Attorney?
Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 24, 2025
If you receive a summons and complaint from a debt collector or creditor, it means you’re being sued for unpaid debt. It’s important to respond to (or answer) the lawsuit. You do this by filing official paperwork with the court. Be sure to address every point in the complaint, raise any defenses you have, and file the paperwork within the time frame provided. Debt collectors are counting on you not to answer the lawsuit so that they can win by default. Don’t be intimidated! Take control and learn how to file an answer by reading this guide. You do not need an attorney to answer a debt collection lawsuit successfully.
Read More →Why Is Chapter 13 Probably a Bad Idea?
Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 23, 2025
Chapter 13 can be a helpful way for some people to reorganize and repay their debts. It’s often used by homeowners or people who own expensive property or assets they want to hang on to. But Chapter 13 requires a 3–5-year repayment plan, and many people aren’t able to successfully complete that plan. Also, it’s really difficult to file Chapter 13 successfully without a lawyer.
Read More →Can I Keep My Property If I File for Bankruptcy?
Written by Ben Jackson. Legally reviewed by Jonathan Petts
Updated January 23, 2025
The majority of Chapter 7 filers keep all of their property when they file for bankruptcy. Chapter 7 is sometimes called “liquidation bankruptcy” because the case trustee has the right to sell any property that isn’t protected by exemptions, but this very rarely happens. The goal of bankruptcy is to give you a fresh start without starting over from nothing.
Read More →How To File Bankruptcy for Free: A 10-Step Guide
Written by Attorney Andrea Wimmer, Ben Jackson. Legally reviewed by Jonathan Petts
Updated January 23, 2025
Chapter 7 bankruptcy is a powerful debt relief tool. It helps give a fresh start to those who are drowning in debt and can't see a way out. Though bankruptcy requires a lot of paperwork and documentation, many people with simple cases file successfully on their own without a lawyer. Here are the 10 steps to file your case successfully: 1. Collect your documents 2. Take the required credit counseling course 3. Complete the required bankruptcy forms 4. Get your filing fee ready or fill out a fee waiver request 5. Print your completed bankruptcy forms 6. Go to the court to file your forms 7. Mail required documents to your trustee 8. Take the second required bankruptcy course on financial management 9. Attend the 341 meeting with your trustee 10. Deal with your car loan if you have one
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