Credit Counseling and bankruptcy are both ways to relieve the stress of debt. However, they are very different and it is important to understand both before making a decision as to which is best for you.
Credit counseling is a program designed to help those who are in a state of debt and cannot find a solution to their debt problems. They offer services that will allow you to work with a certified credit counselor to devise a plan that is tailored to your specific needs and goals. Credit counseling agencies often provide services for free and will help to educate you about how to avoid financial problems in the future by offering debt management classes or seminars. They do not erase your debt. Instead they work with you to budget money so that you can pay off the debt often times by debt consolidation. Collection will continue while using a credit counselor, however, in most cases companies who are owed money will try and work with you to help you payoff your loans. Credit counseling services often help you to reestablish credit after the loans are paid.
Bankruptcy is very different. It will completely clear your debt in most cases and you will no longer be hassled by collection agencies and their attorneys. There are two kinds of bankruptcy; the one that is right for you will depend on your situation. When filing Chapter 13 bankruptcy you are able to keep property that is mortgaged such as your house or car and are expected to repay debts in three to five years. Under Chapter 7 bankruptcy, you must give up all property and assets that you own. There are exceptions in some states for items such as work tools and household furnishings. Bankruptcy will certainly clear your debts and stop foreclosures and wage garnishments, however, you will be unable to establish credit for up to ten years. Filing bankruptcy can also be very expensive compared to credit counseling.
Take time and research credit counseling very carefully before deciding on bankruptcy as it can save your credit in the long run. Most people feel much better about themselves when they can pay off their debt and become educated about how to stay out of debt rather than filing bankruptcy.
Tag: Credit Counseling Services
Bankruptcy vs. Credit Counseling: What Should I Do?
Bankruptcy Help Needed When Debts Overwhelm
Filing for bankruptcy is a drastic measure that overwhelms most people because of the detailed paperwork that must be done. In addition, for most people it is an emotionally draining experience to go through. Because of the complexity of the matter, and the fact that emotions can cloud judgment, it is a good idea to get bankruptcy help to be sure that a chapter bankruptcy filing is done correctly.
One of the first places to go for help is to one of the credit counseling agencies. They are sometimes able to help people avoid going into that final step of filing for bankruptcy. Often, they can suggest ways to help debts collections situations or they can negotiate with the creditors and try to make arrangements, either reducing the monthly payments or reducing or even eliminating the interest charges and late fees. In some instances, they can get both the interest rate on a loan reduced and make arrangements for easier payments.
The reason that this kind of bankruptcy help is often effective, is because creditors know that if a person is in a financially bankrupt position, then the chances of ever collecting on any of the debt owed to them is nil. It makes sense for companies to cooperate when a debtor is having trouble making their payments and to work with them to make a new financial plan.
The credit counseling services offering help usually start by digging into the person’s or couple’s financial situation and then will help to determine if filing for it is going to be necessary in their case. Many times, when a person is in a panic mode because they have had numerous bill collectors constantly calling them, they move toward a chapter bankruptcy filing as a knee-jerk reaction before they have found out if they have other options.
Even though the credit counselors will sometimes determine that the best way to help debts incurred is to file for one, at least the consumers who receive the counseling feel more assured before taking such drastic measures. However, it should be noted that some of the credit counseling services do charge a substantial fee for their services.
Another avenue of help, or better said, another route which might help one to avoid declaring broke altogether, is by using a debt consolidation service. Sometimes, credit counseling services can arrange for debt consolidation as well.
The purpose of consolidating your debts is to give you one single payment to make per month and to secure financing with a lower interest rate. This can help make the current debts more manageable and bring the monthly payment down so that it can be worked into the family budget.
If credit counseling or debt consolidation are not enough and it is evident that filing for it will be necessary, then you should seek out a qualified lawyer for the legal help that you will need. Making sure that you get an experienced lawyer who specializes in the different chapter bankruptcy filing types, will help to assure that your case is handled professionally and that the required paperwork is properly filed in a timely manner.
This is not an area where one should attempt self bankruptcy or try to save a few dollars. Not properly filing the paperwork and adhering to the court timeline can result in your court record being thrown out, which will leave you vulnerable to the tactics of the creditors and collectors again.
If you find yourself in the situation of struggling to meet your monthly obligations or if you have experienced a life-changing event, then getting bankruptcy help to assist you on how to best proceed is probably a good idea. The worst thing you can do is to ignore a growing financial problem, as the condition will only get worse if positive action is not taken. Even though bankruptcy is a momentous decision, it is provided for through Federal law to allow people to have a new start financially when the situation arises.
See What Bankruptcy Services Offer You
If you ever find yourself in need of bankruptcy services, you need to know what services are available and what they have to offer you. You may find that credit counseling and a lawyer will help your situation. In all, bankruptcy services offer you the ability to talk and think about alternatives before using a lawyer to file for bankruptcy.
Credit Counseling Services
If you find yourself in debt and have the phone keeps ringing, look for a credit counseling service to determine if there is an alternative that may work better for you than filing for bankruptcy. They will guide you through your finances and see if there might be a way to pay back the debt without putting you in poverty.
Two types of credit counseling services exist, the pay for and the non-profit. The services are the same, but you want to choose the one right for your debt problem. Because you are already in debt, you might consider a non-profit credit counseling service. Before you file for bankruptcy, you need to have a discussion with a credit counselor to determine the amount of debt and other solutions before taking the next big step.
Proceeding with Bankruptcy
When you decide with a counselor to proceed to bankruptcy, you will need the bankruptcy services of a qualified lawyer. Many bankruptcy lawyers have a full team of counselors, and paralegals to file the necessary paperwork thus reducing the cost of your lawyer fees. You cannot include your lawyer fees in a bankruptcy, the money is needed up front.
Pre-filling services are just as important as the credit counseling you have gone through by now. You have to decide how to stop any foreclosures, find a money-managing program along with debt reduction and credit repair. The bankruptcy services will help with all these needs. If by chance a business is affected, you will need help determining to liquidate the assets or do some type of restructuring of the business.
Chapter 7 or Chapter 13
What should you file under? Bankruptcy services will help you determine what chapter to file under, either chapter 7 or chapter 13. In some cases, but rare, people may file under chapter 12 only if you have fishing or farming business run by a family as a family business.
In order to file for chapter 7, you need to meet the guidelines. The bankruptcy services will help determine which one you qualify for before filing. There are advantages and disadvantages to filing for chapter 7 verses a chapter 13. You need to have all the paperwork filled out correctly before submitting to the courts. This includes all documentation and filing fees associated with the bankruptcy proceedings.
What the Service Should Do
o The service will help you work out an affordable repayment plan.
o They help you work out an after bankruptcy plan to afford for comfortable living with the repayment plan in mind.
o They help you determine what assets you can retain and what will have to be given up.
With all the help and counseling you receive from bankruptcy services, you can rest assured things will get better. Whether you file or work out a payment plan, you will find their services very useful. They are there for you and will help to work out the best plan of action for your budget and lifestyle.
If you need the bankruptcy services, look for one that will offer a complete service instead of jumping around from counselor to lawyer to processors. This helps make things easier on you and all the information stays in one place.
Bankruptcy does not mean the end of good credit when the service works with you to clean your credit up and puts you back on the right track. Take all your bills and debts along to a counselor to ensure that no unexpected things pop up after setting up your repayment plan and living expenses.
Questions to Ask a Credit Counseling Service about Debt Relief
Debt relief is a topic on a lot of consumers’ minds these days, and with good reason. American credit card debt in 2001 was $692 billion, triple the amount from 1989. In that same time period, the average credit card increase for a middle-class family was 75%. The amounts were even higher for low-income families and senior citizens. At one time, such a high amount of credit card debt would seem frivolous as buyers spent money they didn’t have on luxury items such as electronics or jewelry. Today, however, in less stable economic times and a poor job market, more people are turning to credit cards as a way to extend their income. More and more debt is being rung up for everyday items such as groceries and medical bills. How can people get real help with debt relief?
Credit counseling services were originally established by credit card companies who wanted to get at least some of their money back before a client decided to declare bankruptcy. While that may seem shady to some people, for others it is a legitimate way to pay the debt they owe.
When seeking debt relief, however, be wary and be an informed consumer. Do your research before signing on with any one service. Here are some questions to ask:
* How much does it cost? Many less-than-reputable services charge hundreds of dollars to start up, money that doesn’t go to any of your creditors.
* Does the service notify credit bureaus about your enrollment in their program? Some do and some don’t. Creditors may still elect to put a bad mark on your credit report, but the agency you are looking at for debt relief shouldn’t.
* What services are offered? Do they offer a range of solutions from trouble-shooting before finances are a big problem to debt management. Beware of companies promising too quick a solution or promising to “fix” your credit report.
* What are the benefits of belonging to one particular group over another? For example, some services offer newsletters and budgeting tips, all to help you become more stable when your debt is paid off.
* Are they a member of the Better Business Bureau? If that is not advertised, check them out with BBB first.
With time, patience and diligence, you can become debt free.