Howard – The problem with Chapter 7s is that you must meet minimum income requirements (based on the minimum income threshold in your state). This means there’s a possibility that you may not qualify for a Chapter 7, so it may not be an option for wiping out credit card debt. Before you decide to go the bankruptcy route, have you considered a Debt Management Program? I know 45k is an huge burden and it’s stressful, but there are other options that may help. Before you decide on bankruptcy, we’d advise exploring all of your options. It’s worth contacting a consumer credit counseling service. They’ll be able to review your individual personal financial situation and debt load to determine whether or not you’d be a good candidate for a DMP. If you are a good fit, they’ll work with your creditors to lower you interest rate and lower your monthly payments to one monthly payment you can afford. If a DMP isn’t a good fit, and bankruptcy is your best option — they’ll be able to tell you that as well. A consultation is free, but make sure you choose a consumer credit counseling service that is accredited by the National Foundation for Consumer Credit Counseling.
Throughout all the years I carried this debt around with me, I never wanted to be in debt. But it wasn’t until I met the three criteria above that I was able to do something about it. First, I had to stop living in denial, telling myself my debt “wasn’t that bad.” I needed a reality check and to stare down exactly how much debt I had and what it would take to get out.
Bankruptcy lets you resolve your debt under protection from a federal court. Chapter 7 bankruptcy erases most debts in three to six months and wipes the slate clean, and you may get to keep certain assets. It’ll stop calls from collectors and prevent lawsuits against you. Like debt settlement, your credit will suffer, but research shows credit scores rebound quickly.
Debt consolidation. When you refinance debt, you can often consolidate debt in the process, because the new loan is used to pay for multiple other debts. For example, if you had three credit cards on which you owed $3,000, $5,000, and $2,000 and you took a $10,000 balance transfer or personal loan to pay off all three, doing so has the effect of consolidating your debt.
Because we are a non-profit counseling agency, Advantage Credit Counseling Service (CCS) is 100% focused on helping you achieve debt relief. With more than 50 years of experience and the industry’s best Online Credit Counseling system, you can rest assured that not only will our certified counselors understand what you’re going through, they’ll also know how to help you uncover truly personalized solutions to improve your financial future.
Most debt management plans have participants send a monthly payment to the credit counseling agency. The agency then distributes it to creditors. They also negotiate lower interest rates, and may be able to have fees waived and can help reduce or eliminate the number of collection calls a person receives. Keep in mind, most plans take 36 to 60 months to complete. Credit counseling agencies may also help consumers review credit reports and dispute errors.
There are big benefits to this approach. You don't have to go through an approval process -- the amount you can borrow is determined by your policy's value. You can use the money to repay any debt you want, because there's no explanation required for what you plan to do with it. And while you need to pay back the policy with interest, you're borrowing from yourself so you aren't fattening the pockets of a creditor. Furthermore, there's typically no mandatory minimum monthly payment, and interest rates are low.
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If you’re not sure where to start, track your spending for at least a day to see if you’re getting enough value from the things you buy. Just write it down as you spend and see how you feel. You’ll probably be amazed that you begin making changes immediately, cutting out the things that don’t really matter to you and getting more of the things that do instead.
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.
Unsecured debt such as credit cards and medical bills are, by far, the most common debts associated with debt management programs. Utilities, rent and cell phone services are other types of unsecured debt that could be part of a DMP. Some installment contracts, such as country club or gym memberships also could be eligible. There is no hard-and-fast rule for how far in debt you must be to get in a program, but most creditors and legitimate credit counseling agencies say your financial situation needs to be severe. In other words, you must owe more money than your income and savings can reasonably handle. Secured debts, such as a mortgage or auto loan, are not eligible for the program.