Get Out Of Debt

Bankruptcy is a legally declared inability of an individual or organization to pay creditors. During the course of a bankruptcy, a debtor may ask a court to dismiss the case. If the court finds that dismissal will not harm the creditors, ordinarily a court will grant a petition to dismiss a Chapter 7 or a Chapter 13 bankruptcy.

There are several reasons a debtor may prefer to file a Chapter 13 bankruptcy petition. The reasons include the debtor wishes to resolve certain debts that may not be discharged in a Chapter 7 bankruptcy. The debtor may also wish to protect certain cosigners on personal loans from being pursued by creditors for repayment or feels obligated to repay certain debts. The debtor may believe that future creditors will look more favorably on Chapter 13 reorganization than a Chapter 7 discharge. A debtor may be required to file a Chapter 13 bankruptcy if he or she has received a Chapter 7 bankruptcy discharge within the prior six years, or obtained a Chapter 13 bankruptcy discharge within the prior six years and has not paid off at least 70% of the unsecured debts and was subject to the discharge of a prior Chapter 7 or Chapter 13 bankruptcy filing within the prior 180 days, because the debtor violated a court order, or requested dismissal after a creditor sought relief from the automatic stay.

After filing a Chapter 7 bankruptcy petition, some debtors discover that they are better served by pursuing relief under Chapter 13. By filing an appropriate motion with the bankruptcy court, the debtor has an absolute right to convert the petition to a Chapter 13 filing, if the debtor has not previously converted a Chapter 7 bankruptcy to a Chapter 13 bankruptcy, and the debtor’s estate qualifies for Chapter 13 relief.

A debt consolidation system allows consumers to combine their unsecured debts and club them into one single payment. Debt consolidation companies then negotiate with the lenders for favorable rates on behalf of the consumer. Debt consolidation references can be found advertised and promoted in most of the media. Whether it is TV, or online resources, you can find scores of debt consolidation leads. They are increasingly becoming a popular option for managing debts. With increasing competition between debt consolidation companies, it is not strange to find that there are some companies that actually claim to offer you free debt consolidation services.

Certain debt consolidation companies claim to offer free leads or references. Whatever the case, it is better that you meet with a company representative and discuss in detail. Ask relevant questions and find out what services are available free of charge. For instance, it could only be the references that are free, or it could be only the service of informing you about the reference that is free.

Companies who specialize in these services generate these debt consolidation references or leads, and telemarketing agent?s mostly intimate debt consolidation references to potential customers.

Live debt consolidation leads or references are the most current leads, and therefore the most popular among customers. Companies use sophisticated technology in the form of the latest software to generate the latest debt consolidation leads. Debt consolidation has its own advantages over other financial management systems like paying the minimums on credit every month, for instance. If you are using a credit card, you are faced with the problem of increasingly growing payments over a period of time. In such cases, if you avail the services of a good debt consolidation company, a lot of your hassles are over. And if some of the services are available without you having to pay for them, then it is a good option to go in for.

Debt consolidation references are not hard to find, since financial institutions and brokers aggressively promote them. Creditors also find them good, what with consumers showing a positive inclination to pay their debts. They are increasingly becoming popular among consumers for they help in avoiding bankruptcy and enable one to preserve their credit background. Since the creditor and the consumer both stand to gain, debt consolidation references could be found promoted, literally, everywhere. It is always recommended that you check out with your personal financial advisor, who is best placed to give you honest advice on free debt consolidation companies.

Bank debt consolidation loans allow you to consolidate all your debts into a single bank loan debt. These loans are useful ways to reorganize and then get rid of debts because they have comparatively less interest rate than most debts. Consolidating various debts to a bank loan will result in low monthly payments and an extended period for payoff of the debt. These bank loans often do not have any late fees. These are the reasons that make bank debt consolidation loans quite popular nowadays.

Most of the bank debt consolidation loans are secured loans, therefore you need collaterals. The type of collateral and its value are determined by banks. Common collaterals include home, vehicle, real estate properties, insurance policies and other benefits. Many banks offer debt consolidation loans on the basis of the customer?s savings account. Most of these loans are provided to persons with average or above average credit rating. But in a few unique circumstances, banks provide loans to even poor credit persons and persons lacking established credit.

Bank debt consolidation loans cover almost all unsecured debts such as credit card debt, past medical debt, service charges, personal loans, store bills, gas bill, departmental store debts and certain installment loans. There may be different types of bank debt consolation loans to fulfill different needs. The interest rates for these loans vary considerably, depending on the credit rating of the debtor. The better the credit rating of a debtor is, the lower the interest rate of the loan. Usually the rates fall in the range of 10% to 13%. The loan amount ranges from $2,000 to $100,000.

Applying for bank debt consolidation loans is easy. A debtor can apply online using his secure loan application, or approach directly through customer service representatives. Most banks need a cosigner, a qualified person who guarantees payments. In order to qualify for most bank debt consolidation loans, you have to close your credit cards and other related debt accounts. Before applying for a loan, it is wiser to look at as many plans as possible and select one with low interest.

Taking a bank debt consolidation loan may actually improve your credit rating as the creditors realize that you are making a good effort to repay the debt. However, it is to be kept in mind that these loans never eliminate debt, only reduce it. A debtor will still have to make his monthly payments regularly.

How To Settle Credit Card Debt On Your Own (“Do It Yourself” Debt Settlement)

I’m often asked, “How can I settle credit card debt myself?”

This is a great question.

There’s lots of info floating around about debt settlement in general; some good info mixed with some dangerously incomplete info… And watch out for all the bad and inaccurate info!

Here’s a quick step-by-step guide for you to accomplish your goal of settling credit card debt yourself:

First, let’s clear up a few things. Then I have three “keys” for you to follow to successfully settle your own credit card and unsecured debts…

Considerable time is required to document, communicate, negotiate and follow up to achieve these results. There are many strategies and factors to consider that may impact results. There are plenty of pitfalls to avoid. Settling yourself for 2/3rds can be a reasonable goal. The general consensus of industry professionals and insiders I know tell me overall, “doing-it-yourself,” consumers settle credit card debt on their own for about 75% on average.

My close friends, however, who are pros and found themselves in financial hardship during recent years, have achieved 10% settlements on many of their own personal credit card debt accounts — but this is only because they were willing to go the extreme distance and knew exactly what they were doing. These folks are the exception to the rule.

Many people are unsuccessful getting any reduction of their debt at all on their own, without even any relief from double-digit interest rates. These folks remain stuck on the exhausting treadmill of slavery to debt and money.

Professional negotiators (including attorneys and arbitrators) average about 50% settlements (some much better than others), and usually charge about 15% in fees (may vary by program type), putting the total cost to use a professional debt settlement service at an average of about 65% or less of your total unsecured debt.

Creditors DO give professionals representing a large volume of debt “special treatment” because large professional negotiators are the “bread and butter” for most collectors. They deal with each other every day. When a professional debt settlement negotiator comes to the table representing millions of dollars of client debt held in “bulk” with a single major creditor, it creates serious leverage for the consumers represented by the professional. Creditors are often willing to do these “bulk settlements” for substantially less than individuals would normally ever be able to achieve on their own.Still, I’ve helped many folks who have a knack for communicating, negotiating, documenting and following up (the four critical skills you’ll need to do this) to get settlements as low as 45-60% regularly.

Make sure you’re ready to do all the communicating, negotiating, documenting and following up required all on your own before you start.

If you are…

Here are the three keys to settle credit card debt on your own:

KEY # 1) The accounts must be delinquent.

Creditors will not settle for anything less than the full balance until your accounts are seriously past due. While good settlements are possible after only 60-90 days, typically settlement take place after 180 days + when accounts are “chargied off.” This is because when creditors “charge off” an account (an accounting entry), they are taking a tax benefit on the account by writing it off as a loss. This de-values the account, and it is no longer worth the full balance owed. In fact, the normal course of business is to sell the account as “bad debt” to a third party debt collector.

STARTLING FACT: In 2006, “bad debt” was sold to collectors for an average of $0.034 cents on the dollar. That’s 3.4%! Can you imagine? This means a $10,000.00 account is typically sold for only $340. Keep this in mind. This is exactly WHY debt settlement works so well, because it’s a better deal to the creditor or collector than any other option, such as a lawsuit, collections or bankruptcy.

With the economy getting worse and bad debt more than doubling in 2009, expect the value of bad debt to drop even further, which means better settlements and more savings for you!

KEY # 2) Documentation BEATS Conversation, every time.

DO NOT make any payments by phone.

Collectors will almost always ask for a check by phone. Say this:

“Unfortunately I’m unable to make a payment at this time; and am hoping to bring resolution to this matter as soon as possible. I understand you want me to make a payment right now, but that just isn’t possible. I will have $_________ (state an amount that’s roughly 35-50% of your balance, not a percentage but a round number) soon and want to settle at least one of my accounts with whoever will give me the best deal. Can you please send me an offer in writing?”

HINT: You can do this initially or in response to a settlement offer that’s too high… Write a “Hardship Letter.” Hand write or type up a letter describing your situation, your inability to pay and include information such as, divorce, medical issues, loss of job, disability or reduced income. Any information regarding your personal hardship will help your negotiation, so don’t hold back. Send this letter along with a request to settle the account for $_______ (again, a random amount roughly equal to 35-50% of your current balance).

Talking sincerely about your financial hardship, lack of income and inability to pay when requesting a settlement offer over the phone can help a lot. Think sob story, but be sincere. Still, in this game… documentation beats conversation, every time.

Track everything (documentation)… who you speak to, their name, phone number and extension, date and time. Keep everything organized in a folder, easily accessible.

NOTE: Certain creditors such as CitiBank, Discover, Kohls, Target and Chase if you live in FL, NY or OH will not settle for such small amounts. You should accept 60% to 75% in these situation and consider it good. All are more likely to pursue legal action as well.

KEY # 3) Use certified mail with return receipt.

Once you get an acceptable settlement offer in writing, send a check. But first… Write your account number for the account you are settling on the check and in the memo write “FOR PAYMENT IN FULL.” Send the check along with a COPY of the settlement offer by certified mail with return receipt.

Once the account is paid to a zero balance, you can do the normal process of credit repair and quite possibly have the account removed through disputing it and requesting verification.

But wait, isn’t “Do-It-Yourself” Debt Settlement like doing your own taxes or dental work?

Sure, it’s possible settle credit card debt on your own. Some people are naturally good at it and even enjoy it, but most of us would rather leave it to a professional to get it done right the first time.

It’s like changing your own motor oil… while most people don’t want to get their hands dirty, you certainly can do it yourself.

Debt settlement is by no means an exact science and it’s difficult for an individual lacking experience to determine if a settlement is fair or not. In addition, you have to directly handle all creditors’ calls and the harassment that come with the job. Many people are simply unable or uninterested in handling that kind of pressure, especially with the daily complexities of managing a job, household or family at the same time.

It does help (big time) to have expert guidance instead of learning on your own through trial and error (expensive and stressful). The cost of professional debt settlement programs may easily be dwarfed by the additional savings you’ll realize by “doing right” the first time.

Hiring a professional debt settlement firm with a good reputation can no doubt save you more money, give you better advice and get you out of debt in a much less stressful manner, enabling you to move on with your life.

This sums up the process of settling credit card debt on your own. A professional debt settlement program makes a lot of sense if the cost to you is the same or less than doing-it-yourself and you get to let the pros do most of the work for you.

FYI: “Credit Counselors” do not settle debt. I’m often asked a similar question, How can you settle a credit card debt without using a “credit counselor?”Credit counselors don’t actually settle debt,, but it’s a common misconception the general public shares. How many of us really know how this credit and debt stuff works? They often are able to reduce interest rates, and collect the full balance through a debt management plan where you pay them one single payment each month while they turn around and pay your creditors for you (hopefully) in full plus interest.

Of course, hiring the right professional for debt settlement services is a different discussion, but *watch out* because there are only a few “good ones” out there… mixed in with many unscrupulous salespeople who would lead you astray for their own gain in the debt settlement industry.

BUT BEFORE you can be certain debt settlement is the best for you, be sure to educate yourself on how credit works, your options for getting out of debt and how to choose what’s best for you.

No matter what…

Make it a Priority to Be Debt Free ASAP, and Stick To It.

Because nothing feels as good as freedom, after you’ve been a slave!

: )

Need More Help or Resource with Debt Settlement to Settle Credit Card Debt On Your Own (“Do-It-Yourself”) or to Find a Trusted Debt Settlement Program?

Debt Negotiation happens in two basic ways: by a professional, or by yourself.

Here are a few strategies the professionals use when handling a debt negotiation on your behalf.

In this discussion, we are only looking at “unsecured debts”, which includes credit cards or medical debts most commonly. It simply means any debt which has no collateral, such as a car loan, home loan, boat loan, etc.

Before you start any debt negotiation, you should expect that you’ll take a “hit” on your credit score. Any creditor who lent you money is not going to just let you get out of paying any less than the full balance and let you retain perfect credit.

That said, all credit automatically repairs itself when all future payments are made on time. In many cases someone can suffer credit damage from a debt negotiation and within two years, provided all future payments are made on time, have an excellent “A+” 730+ fico score.

In addition, many people confuse credit “Score” and credit “ability”. If you have a perfect 850 fico score, but do not qualify for more financing because you are carrying too much debt already relative to your income, then you have zero credit ability. Frankly, the creditors have worked hard to make you believe these are the same, so that you keep paying. If you are looking for debt negotatiation, you are probably carrying too much debt. If you’re willing to stop using your credit cards for a while and don’t plan to buy a home or car in the near future, then it may save you many thousands of dollars.

The most common strategy the professionals use is to stop making payments, and instead save the money up so that a single lump-sum payment can be offered.

In addition to this, a debt negotiation professional will also prepare a specially formatted letter containing a legitimate reason why you could afford the debt before, but cannot afford it any longer, and if things continue, it will end in bankruptcy or charge-off. This usually contains a factual story, referred to by professionals as a “hardship”. This can include medical events, loss of job or income, dramatic increase in expenses due to some sudden unforseen reason i.e. divorce or adjustable mortgage changes, or a natural disaster.

There are a few reasons why a debt negotiation professional can reach a better, lower debt negotiation settlement offer than you doing it yourself.

First, debt negotiation companies deal with thousands of clients at a time, so they’re able to reach higher up the chain of command. A consumer will usually reach a lower-level technician, who is not authorized much leeway for debt negotiation. An attorney or non-attorney professional can speak with a vice president because they are offering sometimes hundreds of thousands of dollars spread over many accounts based on certain status and net discount amount.

Second, debt negotiation companies know how to say and how to package what needs to be said, at the right time, to the right people.

Third a debt negotiation expert knows the system and averages for each company. A creditor has the legal right to sue you in court for non payment, which could result in a legal judgement, which can mean garnishment of wages directly from your employer, additional court fees, and more credit damage. A professional debt negotiation company can minimize the risk of being sued while still reaching a settlement around 42 cents on the dollar.

Last, because a debt negotiation company has either attorneys on staff, or non-attorney trained negotiators on staff (depending on your state’s laws, and your file), they know the creditor’s tricks. The credit card industry makes literally billions of dollars per year in profit, and they don’t make this by being nice. However nice the customer service representative may seem on the phone, they have one agenda: to get as much money from you as possible. Most typically, for anyone in a bit of debt trouble, the creditor will suggest “Credit Counseling”.

The dirty secret about credit counseling is that “Credit Counseling” was invented by the credit card companies. They want you to feel like they’re helping, but when you enroll in these programs, you’ll repay 100% of your debt plus interest, suffer credit damage, and they’ll often collect a monthly fee on top of it ($49 a month x 48 months, for example is $2,352 in fees, not including interest). They usually won’t tell you this, but they also get a 15% “fair share fee” from the credit card company, so the IRS has revoked the “non-profit” status of many of these companies.

Like plumbing, taxes, or fixing your computer, you can handle debt negotiation yourself, or you can hire a professional. Those willing to educate themselves to learn how to do it right can definitely save some money. That said, for the reasons stated above, often times the settlement amount offered on a debt negotiation you conduct yourself may not be as discounted as what a professional may get, and therefore the service in almost all cases pays for itself. For example, if you get offered $.80 on the dollar, but a professional gets $.42, then it’s actually cheaper even with the cost of service to have a debt negotiation service handle your case.

One dangerous byproduct of staying in debt is not having enough time to invest for retirement. Most people don’t know exactly how much money they’ll need to retire. Do you? The sooner you use debt negotiation to clear your debts, the sooner you can build your investments to ensure you can retire the way you want – instead of living your golden years as a burden on family, with lower standard of living, or working past retirement.