Bankruptcy can't solve your problems if you have substantial student loan debt. Student loans aren't dischargeable in bankruptcy except in extreme cases where you can show severe hardship, such as becoming unable to ever work because of total permanent disability. You also can't get rid of mortgage or car loan debt if you hope to keep the assets; you'll need to become current and eventually repay these debts in full to avoid foreclosure or repossession of the vehicle. But for unsecured debt -- which is debt not guaranteed by your assets that you simply promised to repay -- bankruptcy could provide relief.
If you enter a debt settlement program, you’re essentially hiring a company to negotiate with creditors on your behalf. In order to show creditors that you’re truly unable to repay your debts (and hopefully convince them to settle for less than what you owe), the debt relief company will ask you to not make payments on your outstanding debts. During this time, interest and late fees will accrue on your loans.
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You cannot sign up for new credit cards, nor can you use the ones you have. While it may sound unreasonable to bar you from using credit, the point of your debt management plan is helping you dig your way out. “The last thing you want to be doing is running up more high-interest debt on the side,” said McClary. “You’re not doing yourself any favors in that situation.”
Chapter 13: Yes. Chapter 13 also discharges debts, but many of the nondischargeable debts like recent taxes and past due child support must be paid in full in the Chapter 13 plan. Unsecured debt like credit cards will only be paid in a Chapter 13 plan if you have the income to cover it. Sometimes unsecured creditors receive a portion of their debt and sometimes they receive nothing at all. But even if they’re not paid they’ll be discharged if you complete your plan. To see how this works, visit Chapter 13 Bankruptcy Basics.
Checking your credit report for inaccuracies is an important step in your journey to reduce your debt. Remedy: You are allowed a free credit report from each of the major credit reporting bureaus, Equifax, Experian and TransUnion. Split them up, one every four months. Check them closely for incorrect delinquencies and/or balances that hurt your credit score and could make a difference in your ability to buy a house or car, or obtain more credit.
People who eliminate debt often fall back into debt because they don’t change their spending habits. If you don’t change the underlying reason that you accumulated significant debt, then you will probably become indebted and need debt relief help again in the future. National Debt Relief provides educational services to help you avoid this situation. If you want to remain debt-free, you need to take seriously the debt education services National Debt Relief offers.
Debt forgiveness is another potential strategy for anyone ready to admit "I need help with my debt." This involves paying your creditors a lump sum payment that is less than what you owe and ask them to wipe out your debt. While this is sometimes effective, it can also backfire and add even more debt to your totals. While ACCC does not get involved in debt forgiveness plans, we can help you understand the benefits or potential risks this approach may pose.
To qualify for National Debt Relief, you must have at least $7,500 in debt and a demonstrable financial hardship that you cannot recover from. Financial hardship includes a divorce, unemployment, loss of income, the death of a spouse and unpaid taxes. National Debt Relief uses this proof of your financial hardship as leverage to negotiate with your creditors.
This is the last-ditch solution if your financial situation has become so overwhelming that there doesn’t appear to be a way out. Bankruptcy offers a “fresh start” though with lots of restrictive conditions. You can file for either a Chapter 7 bankruptcy, which cancels your debts, or a Chapter 13 bankruptcy, which sets up a 3-5 year repayment plan to eliminate your debts.
On the flip side, the Debt Management Plan is designed to be paid off with regular monthly payments over approximately four years (our clients use an automated payment system so their consolidated debt payments are transferred electronically). These timely payments over the course of years have a very positive impact on the client’s payment history, which is the largest factor in calculating one’s FICO score. (That also means, of course, that if a client is late with their Debt Management Plan payments, there will be significant negative impact on his/her score.)
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The fact is, more than half of Americans actually spend more than they earn each month, according to a Pew Research study, and use credit to bridge the gap. So it’s easy to see how so many people are struggling with debt — and why some choose to bury their heads in the sand. For many in debt, the reality of owing so much money is too much to face — so they simply choose not to.
Many have heard of the tremendous benefits of compounding interest regarding investments before. However, when related to debt, compounding interest works against you as interest builds upon growing outstanding balances. This means that the longer you hold higher-interest debt, the harder it is for you to get out of debt. A higher-interest debt will cost you much more over time and should be your highest priority in paying off. Typically, credit card debts and personal or small business loans will have the highest interest rates.
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