In order to qualify for either type of these bankruptcies you will need to show proof that you are simply unable to repay your debts. You will be required to get credit counseling from an agency that has been approved by the U.S. Trustee’s office and this must be within 180 days before you file for bankruptcy. When you complete your counseling the credit-counseling agency will provide you with a certificate of completion and you must file this no later than 15 days after the date of your bankruptcy filing. If you have worked out a repayment plan with the agency you will also be given a copy of it.
Look into the fine print of any balance-transfer card you're considering to find out what your credit limit will be with the card. Many times, you won't be able to know until you get approved for the card. You won't be able to transfer more than that limit, less the balance transfer fee, if there is one, and if you exceed the limit you might face a fee.
The services provided by credit counseling services are nothing consumers can't do by themselves. "You could do it, but it's an involved process," says Kyle Winkfield, partner with financial firm O'Dell, Winkfield, Roseman and Shipp in the District of Columbia. The benefit of using an agency is that they have experience in negotiating debt payments and disputing incorrect information on credit reports. Paying an expert to do these tasks not only saves a person time, but can minimize the stress of having to navigate unfamiliar territory. "If you find a good one, they are worth more than they charge," Winkfield says.
You could consolidate your debts by getting a loan from a bank, credit union or some other source of funds. If you own your home and have some equity you could most probably get a home equity loan or homeowner equity line of credit (HELOC) and use the funds to pay off all of your other debts. These are called secured loans because you’re required to secure them by using the equity in your home as collateral. In fact, home equity loans are often called second mortgages. Whichever you choose you should end up with a much lower monthly payment than the sum of the payments you been making.
Those who enroll make monthly deposits with a credit counseling organization, which then is used to pay the debts according to a predetermined payment schedule developed by the counselor and creditors. Your monthly payment is tailored to what the customer can afford, and you know before agreeing to take part in the program what that monthly amount is. An analysis of household income vs. expenditures determines the monthly payment.
×