Posts Tagged ‘avoid bankruptcy’

Debt Settlement Pros and Cons

Sunday, February 12th, 2012

Debt settlement is a process that allows consumers to negotiate a lower payoff with their creditors. In some cases, consumers can reduce balances by more than 70 percent through this process. However, while debt settlement can help people get back on their feet and avoid bankruptcy, like anything, debt settlement has pros and cons. Before you begin the debt negotiation process, you should learn the pros and cons of debt settlement and consider whether it really is the best solution for you.

Debt Settlement Pros

On the positive side, debt settlement can drastically reduce the balances owed on accounts. Additionally, many creditors will also agree to lower or eliminate the interest charged on the outstanding account balance. Consumers do not need to retain a lawyer to negotiate the debt settlement. However, many do choose to use debt settlement companies to work out the details of the debt reduction with the creditors. Consumers can also choose to negotiate directly with the creditors without the assistance of a third party.

Debt settlement can also help people avoid bankruptcy. Bankruptcy has the most serious effect on a credit report. A bankruptcy remains on a credit report for a total of seven to ten years from the date of discharge. This can adversely affect a consumer`s ability to establish new credit. While debt consolidation will typically have negative credit consequences, the overall impact to the credit report and credit score is much less severe than bankruptcy.

Another advantage of debt settlement is the ability to free up cash. In many cases, consumers will lower their total monthly payment obligation through this process. This results in more disposable income. Additionally, debt settlement will prevent creditors from continuing or taking future legal action to collect the debt.

Debt Settlement Cons

Debt settlement does, however, have several “cons” that consumers should consider before initiating the process. First, debt settlement will typically result in negative credit reporting. Most creditors will mark the settled accounts on the consumer’s credit report as “settled.” This tells other potential creditors that you did not pay the account in full and honor the original terms of the credit agreement. In addition, some creditors will continue to mark the account `past due` on the credit report until the consumer completes the debt settlement plan. Negative credit information will remain on the credit report for seven years.

Debt settlement can also result in tax liability. Most creditors will report the forgiven balance to the Internal Revenue Service by issuing the consumer a Form-1099C. The IRS considers forgiven debt to be income in most cases. Therefore, if a creditor forgives $10,000 of debt in the settlement, the consumer will have to pay taxes on the $10,000 at their current marginal tax rate. This does not apply, however, to certain types of forgiven debt such as debt from a mortgage loan associated with a primary residence.

When using a debt settlement company, consumers will usually have to pay a fee to the company for settling the debt with the creditor. This fee may include both a lump sum and a percentage of the debt paid back to the creditors. Many debt settlement companies also have the reputation of being less than reputable, so consumers should always choose a debt selection company carefully.

Debt Settlement Pros and Cons

There are several pros and cons when considering debt settlement as an option to reduce debt. Debt settlement is a measure of last resort and consumers should always take measures to prevent opening credit accounts that they cannot pay back. By completing a credit card comparison, it’s possible to find low cost credit cards that will lower the cost of assuming new debt and help prevent situations where the consumer must resort to debt settlement.

Avoid Bankruptcy with Careful Financial Management

Tuesday, March 22nd, 2011

Many people struggle with difficult financial times and choose bankruptcy as a way out of their problem. Bankruptcy can be a way to put an end to financial hardship but in some cases it is not the best option. There are other alternatives that can be tried that may help you avoid bankruptcy.

Some people think that once they declare bankruptcy, they will be saved from their debt. But, the truth is that filing for bankruptcy isn’t a good way to pay your creditors, no matter what Chapter you plan on taking. Sometimes, people still have to pay some of their previous debt that they owed even after they file for bankruptcy.

Bankruptcy is not something to be taken lightly. It is a serious matter that will stay on your record for many years. You may have a hard time getting a mortgage or loans. Therefore if you can avoid bankruptcy, it is usually a good idea to do so.

First of all, you should truthfully determine why you are facing financial hardship. Sometimes it is due to circumstances beyond your control. Other times it is because of poor financial planning, overspending, or debt problems. If you have these problems, it may be difficult for you to avoid bankruptcy because you may not have the ability to pay down your debt. On the other hand if you have emotional or mental problems that cause you to create debt, then you will quickly be in the same boat when the bankruptcy is over. Therefore, if you have these issues, you should get help for them.

One way you can get help is through credit counseling. If your finances are in a mess because you aren’t a good planner or budgeter, they can teach you the skills you need. It is best to get help before your finances have become such a mess that you can’t avoid bankruptcy.

Before you start looking for ways to get your debt eliminated, try to get evaluated. If you’re worried about your finances, you can get your status evaluated at a free bankruptcy commercial website. Once you have been evaluated, then you can decide whether you should seek advice on how to avoid bankruptcy.

Another place you can look to for help is the bank where you have loans and accounts. Explain your financial problems to them and see if they can offer advice. If you have loans with them they will be eager to help you avoid bankruptcy. They may be able to consolidate some of your loans or rewrite them so you can get some relief.

Depending upon the state you live in, you could lose all of your assets when you file for bankruptcy. Therefore, you may be able to avoid bankruptcy by selling your assets since you will lose them anyway. Use the money you get from the sale to pay down your debt. If you can’t sell some of your assets you may be able to give them to a creditor in exchange for canceling your debt depending upon the situation.

Once you have gotten yourself out of debt, you need stay out of it. Learn from your mistakes and do not repeat the past. Some people learn how to avoid bankruptcy, but them they repeat their old spending habits and have to file for bankruptcy. It’s a common problem that can be stopped with self-control and planning.

Bankruptcy should be taken seriously because it can have a huge impact on your future. In some cases it is unavoidable through no fault of your own. Other times, you can avoid bankruptcy through careful financial management and professional guidance.

Before you declare bankruptcy, go to this site and get this excellent free report on debt consolidation Toronto and credit debt consolidation.