A lowered economic situation and the explosion in the real estate market bubble has forced borrowers to the breaking point so they aren’t able to make the payments on their credit cards and consumer debt. For people in this situation trying to find a way to fix their problem, they often decide the only thing they can do is decide between assorted debt relief possibilities. These possibilities include counseling, consolidation, bankruptcy, and settlement. Out of these, debt settlement and filing for bankruptcy are what most people chose because of the pros in regards to getting rid of their existing payments and the amount they can reduce their existing debt.
Bankruptcy is most commonly filed as a chapter seven or chapter thirteen. A chapter seven is the superior option, with debt being reduced or even dismissed entirely in some fortunate cases. However, it’s not up to you to decide what chapter you file under! Since 2005, significant legal revisions have made it so that the court decides which chapter a bankruptcy is filed under, not the debtor. A means test, which is the first procedure to start up a proper bankruptcy filing, evaluates your income and expenses versus the standards for redeeming the debt. Falling short of the IRS-set standards of the means test will allow you to file a chapter seven. However, if you can even pay as little as a hundred dollars monthly towards your debt, then you will have to deal with a chapter thirteen filing instead.
Chapter thirteen is the most common form of bankruptcy filing today due to the restrictions on getting a chapter seven. It’s not nearly as friendly as a chapter seven, and the whole process is overseen by a legal representative of the court. No one wants to have a stranger checking up on their daily, weekly, or monthly budgets. Furthermore, the chances of getting the kind of debt reduction that a chapter seven grants is slim with a chapter thirteen. This is why recently more people are striving to avoid bankruptcy filings and go for debt settlements instead.
In either case the petitioner is required to attend credit counseling and budget analysis at their own expense. Chapter 13 filings do provide relief on current payments, but is not anywhere near as consumer friendly as Chapter 7. It also carries other disadvantages, such as having the petitioner’s finances overseen by a court appointed trustee. The invasiveness of Chapter 13 filings very often turns consumers towards professional debt settlement services.
Professional Debt settlement, also known as debt negotiation, is a aggressive form of debt relief providing advantages over debt counseling, debt consolidation, or bankruptcy filings. The immediate advantage is the approximate 50 percent reduction on payments to each account included in the debt settlement program. Accounts eligible for inclusion in debt settlement programs include bank credit cards, unsecured bank loans, department store debt, unpaid utilities, medical bills, and other forms of unsecured debt. By being proactive in pursuing debt settlement arrangements consumers can prevent wage garnishments, attachments and other legal actions. By letting creditors know that you’re actively pursuing a debt settlement program you are providing some assurance they are going to be paid at least a portion of the money due them. Creditors are hesitant to initiate any legal action while a settlement program is in effect, since it only is an additional expense with no additional return.
Debt elimination programs can reduce outstanding balances by 40 to 70%, depending on the specific creditor. In general the average account included in a settlement will be reduced by 50%. The process provides added security for assets that represent a security interest. By reducing payments and eliminating a major portion of unsecured debt relieves pressure on secured assets. Debt settlement is often combined with mortgage loan modifications to help homeowners reduce their total payments toward debt and get for new mortgage terms. Most debt elimination programs terminate within 48 months, the same account with minimum payment could take over 20 years to payoff. The settlement of accounts allows for borrowers to begin the process of re-building their credit scores faster than bankruptcy which can remain on a consumer’s credit report for up to ten years.
Debt settlement and negotiation is becoming an increasing accepted manner for consumers to address the issues of debt overload without filing for bankruptcy. Consumers still need to review all available forms of debt relief before making a decision. One of the best ways to sort through the available options is to contact an attorney with experience in consumer debt relief to decide which option is in the best interests of the consumer. Getting on the road to financial recovery is simple the matter of taking that first step.
