Debt Settlement Programs Or Bankruptcy: How To Choose Wisely

When managing debts becomes too much, a choice needs to be made. Should a file for bankruptcy be made, or should one of the debt settlement programs be applied for? This is a choice that needs to be thought over deeply before any move is made.

The reason this decision is not that simple is that there are serious repercussions to choosing bankruptcy, and even if that is the only logical option, there are a number of bankruptcy chapters under which debtors can file. Increasingly, a Chapter 13 bankruptcy plan is becoming the preferred option, but other chapters are 7, 11, 12, and are just as efficient in ridding oneself of debt.

However, while debt settlement is more expensive and less damaging to credit histories, they do not always turn out to be the saving grace that applicants would like them to be. So, when clearing existing debts, which of the two is the right one to choose?

Check Your Own Status

The first step in ascertaining the best choice is not to look at the options, but to look at yourself. Depending on your credit and financial status, either bankruptcy or a debt settlement program will provide the most effective solution. And reading your credit report is the starting point.

Once the true extent of your debt problem is confirmed, it is possible to work out what the right debt relief option is, based on what kind of deal is affordable. When debts are slightly greater than income, then a Chapter 13 bankruptcy plan is likely to be the right choice. When it is very much greater, Chapter 7 might be the most plausible choice.

However, if there is still some income more than debts, then a settlement deal is likely to be affordable. The complication is that, while a settlement involves clearing existing debts for a fraction of their worth, it still requires a lump sum payment to complete the deal. Saving up that lump sum is the problem.

Terms of Bankruptcy Chapters

There are four chapters to the Code of Bankruptcy that any bankruptcy case can be filed under: chapters 7, 11, 12, and 13, The key differences between them relate to the extent of the poor financial situation an applicant has, and the likelihood that a debt settlement program cannot be approved.

Chapter 7 is filed by those seeing liquidation or straight bankruptcy where debts are completely written off. The other options relate to reorganizing debt, with Chapter 11 filed by businesses seeking to reorganize their debt, but not to liquidate. Chapter 12 is applicable to family farmers seeking to reorganize.

However, a Chapter 13 bankruptcy plan is sought by individuals who earn the average income or higher in the state the case is filed in. The court decides on the terms of the debt reorganization, and continuously monitors the repayment progress. So, clearing existing debts is done under strict conditions.

Bankruptcy or Settlement?

The basic deciding factor is cost, with the fees associated with a debt settlement program almost double that of the costs of filing for bankruptcy. But there is also the matter of monthly repayments and other terms associated with the type of bankruptcy. If the Chapter 13 bankruptcy plan is more affordable than the settlement plan, it makes sense to choose the former.

But the consequences of the decision need to be considered too. For example, clearing existing debts through a settlement plan will reduce a credit score by around 50 points, but bankruptcy cuts it by a minimum of 200 points. And it will be on your record for 10 years, while with a settlement plan, credit is returned after 2 years.

Debt Settlement Programs: Four Steps Every Applicant Must Consider

It might seem that a debt settlement program is the solution that can save your financial future. Technically this is true, but it is essential to choose the right program if any real benefits are to be enjoyed. The problem is that pressures from creditors can rush us into choosing the wrong program from unscrupulous lenders.

The setup of the financial services sector is anything but clear-cut, and the largest firms and institutions actually own many of the smaller services. This means the debt to a single bank (like Citibank, for example) can be much greater than thought.

And while choosing debt relief is the wise decision, it is important to keep in mind the difficulties in securing good terms when the debt to a creditor is very high. Still, there are many debt settlement options available online.

The Debt Network

It is important to realize just how interconnected so many of your branded credit and debit cards, and utilities are. Many are simply branches of the same bank or financial institution. This means that debt owed to a bank may be vastly larger than first thought, making it difficult to get good terms on your debt settlement program.

Not everyone knows that three of the biggest banks in the US are also involved in many of the largest utilities companies. For example, Citibank owns AT&T Universal, Sears and most of the gas cards on offer (Chevron, Exxon etc). Discovery, meanwhile, owns Lowes & Sams cards, and the FIA cards are owned by Bank of America.

What this all means is that when it comes to choosing debt relief options, it is important to realize that more than a single credit card debt is part of the packet. The card provider will add on everything, making it possible for the debt settlement deal to be rejected by the lender.

Avoiding the Online Trap

Financial services provided over the Internet need to be carefully considered before committing to anything. There are, unfortunately, many unscrupulous lenders and financial service providers who are willing to take advantage of consumers, and excellent debt settlement programs can turn out to be traps.

But there are steps that can be taken to ensure such traps are avoided. They are:.

1. Only Trust Lenders Who Ask For Statements

There is a tendency for unscrupulous lenders to talk up their fantastic offers in an effort to get what they need as quickly as possible. Often, they do not even look for bank statements or confirmation of financial status. But the right debt settlement plan depends on your specific situation. So, avoid those that do not seek relevant documentation.

2. Experience Is Essential

It is generally not a good idea to choose a debt settlement program from a lending firm that has been in businesses of less than 5 years. Experience is essential in this sector, so the last firm needed to manage your finances is a start-up company. Settle for a firm that is at least 5 years old.

3. Always Check Lenders Out

It is completely foolish to trust any online lender on face value. Always take the time to check on their credentials, and feel completely comfortable before choosing a debt relief program. So, check out their BBB Reliability Report and know whether consumers have been complaining about a prospective lender.

4. Seek Out A Licensed Attorney Based Firm

Attornies are governed by the BAR Association, not the FTC. The advantage is the consistency of the BAR Association, whereas the FTC regulation changes can play havoc with schedules and plans. Also, the BAR Association insists on extremely high standards so debt settlement companies can be relied upon.

Debt Management To Debt Settlement Programs: Advice For Making The Switch

Getting to grips with personal debt is not easy. Between the interest rates charged on different loans and the pressure to meet everyday bills, the likelihood is that most of us will need some help to take care of everything. It is why debt settlement programs are becoming so popular.

But for many people, the first step in taking control of spiraling debt is a debt management program instigated by professionals who make it their business to better organize your repayment schedule. The idea is to make everything more manageable, but this does not always turn out to be the case.

So, what is to be done when the management program is not working and a switch to a settlement program becomes the more prudent option. Both can make the task of clearing existing debts a lot easier, but can the switch be made? The answer is yes!

Settlement Vs Management: The Key Difference

So, what are the differences between the two programs? Well, to be honest, the differences are pretty major, and the consequences that come with them are very different too. The biggest difference, however, is that with debt settlement programs, the full amount of debt is not repaid.

This kind of program involves representatives negotiating a final figure that is a percentage of the total amount due. A good debt settlement company will be able to negotiate as little as 30% of the existing debt, usually by arguing that anything more is impossible to pay.

A debt management program, on the other hand, sets about paying the full amount of the debt by instigating a strict financial management regimen. It is usually done by the management company clearing existing debts in full on your behalf, in return for effectively taking control of your finances for a given time.

Debt Management And Settlement: Pros And Cons

There are both advantages and disadvantages to whatever type of program is taken up. But a key advantage that debt management has over a debt settlement program is its long-term consequences. For example, because all debts are paid off in full, the credit score is improved, making better terms available for future loan deals.

In contrast to a debt management program, settlement agreements are noted in credit reports as clearing debts in part. This means the credit score is affected, and any future loan application that lender will take this information on board. This can make approval a little more difficult, but is certainly likely to see less than perfect terms offered.

Of course, clearing existing debts is the most important factor when current financial pressure is extremely high. However, there is little doubt that settlement agreements have the more severe consequences.

Making The Switch

Before making the switch to a debt settlement program, it is essential that everything be discussed with your debt counselor. Simply switching might seem like the right move, but expert advice is very important to take on board – there may be a better way, especially when creditors want repayment in full, and are probably willing to re-negotiate repayment terms to accomplish that.

If the only practical decision is to abandon your debt management program, then make sure to check out the prospective debt settlement companies carefully. They will charge fees, so take that into account in assessing the worth of the move, and make sure they have an impeccable reputation.

Be sure to let your creditors know your decision, and secure a detailed debt management report to ensure your new position is crystal clear. Clearing existing debts through debt settlement does mean significant savings, but be aware that a single lump sum payment may be needed in some cases.

Debt Consolidation Or Debt Settlement: How Best To Clear Your Debts

Debt can become a crippling weight on the shoulders of honest borrowers, so much so that eventually a deal is needed to clear the debt. Bankruptcy should always be the last resort, and before that stage, debtors can choose whether debt consolidation or debt settlement is the right course of action.

Deciding which of them is the right option has a lot to do with specific circumstances, and whether the entire debt can be covered by a single consolidation loan, or if only a percentage of the debt can be handled.

Choosing debt consolidation may be more expensive in the short term, but unlike debt settlement programs, they do not have a detrimental effect on credit records.

So, which is the best one to choose? Which can be of the greater benefit? Understanding the difference can help in making the right decision.

The Consolidation Option

When choosing whether debt consolidation or debt settlement is the right option, it is important to look at the advantages and the mechanics of the two options. There are definite benefits to both, but depending on the financial situation, one can be more suitable than the other.

When it comes to choosing debt consolidation, it is important to note that this means all debts are repaid in full. It does not involve agreeing any reduction in debt, and therefore no savings are made. Basically, a consolidation loan is secured to repay all of the debts in one go. And with the right loan terms, the monthly obligation becomes more affordable.

Basically, if 5 loan balances add up to $50,000, with their interest rates varying from 9% to 15%, and combined monthly repayments of $800, consolidation sees the balance replaced by a single loan of $50,000, with one interest rate and a longer loan term, ensuring repayments fall to perhaps $400. Debt settlement programs provide a very different solution.

The Debt Settlement Option

Whether opting for debt consolidation or debt settlement, the purpose is the basically same - the weight of debt is lifted, and hopefully for good. But while debt consolidation has its advantages, in some situations debt settlement is the best option, not least because only a fraction of the debt needs to be repaid.

The essence of settlement is the negotiation that takes place prior to it. This is where the savings are secured, with required payments sometimes falling to just 30% of the actual debt figure. Choosing consolidation loans means that 100% of the debt is repaid, so effectively no savings are made at all.

Central to any debt settlement program is the introduction of a strict financial regime, which effectively controls what is done with the limited finances available. And while bankruptcy sees the credit affected for 10 years, the settlement affects credit options for just 2 years.

Choosing The Right Option

So, which is the best option, debt consolidation or debt settlement? The answer is often a simple matter of mathematics. For example, calculating the amount of excess income by taking your total expenditure from your total income, is essential in any loan application - and choosing debt consolidation is much like choosing simple loan.

But in choosing a debt settlement program, it is important to note that a professional settlement negotiator is needed to hammer out a good settlement deal. These will charge a fee.

Also, the deal is dependent on the ability to make a lump sum settlement payment, so if the deal is to pay 40% of a $100,000 debt, $40,000 needs to be available to pay immediately.