
Let’s say you’re in debt. Well congratulations, you’re in good company. The majority of people are living with at least some debt. An astounding 47% of those surveyed in a July, 2006 study on debt in America performed by Greenberg Quinlan Rosner Research described debt as a “very serious” problem. Only 5% described debt as “not a problem at all”.
48% were concerned about not having enough money to pay bills, while 44% reported having concern that a serious medical problem would drive them deep into debt.
In addition to the above debt statistics, only 51% of those in the study were able to completely pay their credit card bills every month. That means that 49% of Americans, if the study accurately represents the entire country, are going deeper into credit card debt every single month. That stands to reason, as 33% reported that their non-mortgage debts exceeded $10,000. Because the majority of Americans finance their vehicles, that could account for a large portion of the $10,000, but the study isn’t specific about this. It’s frightening nonetheless.
So, what are your options to legally eliminate debt if you find yourself in this distinguished company?
Option to legally eliminate debt #1-
Pay it off. This is the responsible thing to do, and probably what most people would choose if given the choice. If the debt is of your own making, i.e. fueled by excessive trips to the mall, clubs, casino, or eBay, it’s definitely the right thing to do, but it may require a bit of reorganization and reprioritization.
Weather you’re trying to lose weight or get out of debt; you will do well to implement a complete lifestyle change. Actually, losing weight and losing debt require many of the same things. You need to develop and implement a strict budget, weather you’re talking food or finances. Come to think of it, your food budget can really help your financial one. Evaluating your victual choices can really help in paring back the family budget.
Obviously eating out is a no-no, except on the most special of occasions. Look at your diet. In most cases you can make food choices that are less expensive and healthier for you. The health aspect is very important when it comes to keeping yourself out of health related debt in the future. A glance at the debt study numbers reveals that this is a big concern of many Americans, so a change of diet can help put your mind at ease, in addition to stemming the outflow of your hard earned dollars.
You should also look at where you shop. No more high-end markets for you. It’s off to the warehouse food store. Don’t worry, your stuffy friends (who are also deeply leveraged) will never see you there, they’re too busy trying to find a spot to park the Lexus at the Whole Foods Market. You’ll have the last laugh though, because your grocery bill will shrink by about 30%.
To eliminate your debt by repaying it, you’ll need a plan. One method that works very well is the roll up debt repayment plan. It’s pretty simple, yet effective, especially if you have a large amount of credit card debt. Stop using all your credit cards except in the direst of emergencies, and I don’t mean the Labor Day Sale at Macy’s. Once you’ve done that, here’s how the repayment plan works.
Pay only the minimum payment on all your debts except the one with the highest interest rate. Bring all your financial resources to bear on that debt. Pay as much as you can squeeze out of your budget (you did make one, didn’t you??) toward this debt. When it is paid off, switch all the money you were using to pay off this debt toward repaying the one with the next highest interest rate. With each successive debt you repay, you will put more toward repaying the next one, because you not only have the money in your budget for debt repayment, but the minimum payment you were using for all the previous debt you’ve repaid.
Option to legally eliminate debt #2-
Bankruptcy. Ouch! That’s usually the absolute last option and it’s even less attractive since the new bankruptcy statutes went into effect in October of 2005. There are 2 main types of personal bankruptcy; chapter 7 and chapter 13. Chapter 7 is able to be used for both personal and business bankruptcies. It’s the worst kind of bankruptcy with respect to your credit. There’s no going back. Your non-exempt assets are sold, and the proceeds are sued to satisfy your creditors to the extent the proceeds of the sale will allow it. The advantage to the Chapter 7 is that your debts are eliminated, not reorganized.
All your debts are eliminated, except of course, if you happen to owe the IRS anything. They always get their money, so be aware of this if your primary debt is tax related. Tax related debts are given what’s called priority status, meaning they are exceedingly difficult to get out of paying. The IRS will not go away by merely filing bankruptcy, and many state departments of revenue work the same way. It’s best to reach a settlement with the IRS to reduce as much of your back tax bill as possible because eventually, you’ll have to pay it.
In addition to eliminating your debts, a chapter 7 bankruptcy will pretty much eliminate your creditworthiness for the next 10 years. That’s a heck of a long time, but that’s how long a chapter 7 will stay on your credit report. You’ll still be able to get credit of course, especially after a few years have elapsed, but it will cost you much more, and you will have fewer options than before you filed. After all, if you’re making good money, and are fairly debt free after your bankruptcy, there are definitely creditors who’ll want a piece of your pie, so they’ll loan you money, you may just have to pay more for the privilege.
A chapter 13 bankruptcy is also called reorganization. In this type of bankruptcy, debtors pay off a large portion of their debts over time. The chapter 13 stops collection actions and prohibits collections action for a 5 year period. It freezes your debt at current levels. It requires a bankruptcy plan that’s approved by the courts. It will spell out in detail how you plan to repay your debt. You have only 15 days after you file your bankruptcy petition to complete this plan to the court’s satisfaction and have it on file.
The largest reason to file a chapter 13 over a chapter 7 is that you can save yourself from losing your home to foreclosure. After the bankruptcy however, you will have to make all your mortgage payments as per the terms of the bankruptcy plan, or you will risk losing your home anyway. Another advantage is that all creditors are paid by the bankruptcy trustee (the trustee is an impartial individual appointed by the court as the administrator of the bankruptcy), so you make a single payment, similar to what you would do with a debt consolidation loan.
After the Bankruptcy legislation of 2005 a larger percentage of your debt is required to be repaid than before. There is now a means test to help determine the debtor’s ability to pay off their debt. The legislation also required chapter 13 to be used if the means test shows that you are able to repay your debt over time, because your income is greater than your expenses.
Option to legally eliminate debt #3-
Debt settlement or debt elimination. With debt settlement or elimination, your debt is negotiated down by professionals. They basically get the credit card companies to agree to accept a fraction of the original debt and then consider the debt paid in full. The credit companies do this because if you file bankruptcy, they may receive little or nothing that you owe them. I can hear some of you thinking now; “Wow! That sounds great. How can I sign up for that?” Slow down. Do you really think there’s no catch to that sort of thing?
There are a few catches. First of all you’ve got to be ever vigilant for debt elimination and debt reduction scams. The Internet is rife with such nonsense. In fact these types of scams are so prevalent, the Board of Governors of the Fed has sent out warnings about it. One popular debt elimination scam uses fake financial instruments to claim the debt is invalid. Think about it for a second. If you charged up that Virgin Islands vacation on your Visa card, do you really think you can question its validity? Come on! You still have the tan, you have to pay the credit card bill.
The scammers charge large up front fees, claiming to be able to get the debts eliminated by showing they are, in fact, invalid. You’ll be sucked in by a tremendous amount of logical (on the face of it) and official sounding documentation. It’s all total crap. After you pay the scammers their large up front fee, you’ll be left holding the bag, and deeper in debt than ever before.
The other catch to debt elimination and debt reduction programs is that they can hurt your credit score. Lowering your credit score can make it more difficult to secure new credit, especially now, when lenders are skittish about giving out mortgages and refinance loans without spotless credit.
The last catch is rarely talked about, especially by the debt settlement companies. Ever hear of a 1099? If you are an independent contractor, you are well familiar with these IRS forms. These are the IRS forms for non employee income. If you receive any non employee compensation for work performed such as contracting, the contracting firm will document this with a 1099. That way they can deduct what they paid you from their income, and the IRS is notified of yours. Well, guess what, the IRS considers a creditor agreeing to reduce your debt as compensation paid to you. The creditor will send you a 1099 and you will have to pay takes on that income, as sure as if it showed up in your paycheck. The problem is that nothing was withheld from your paycheck to cover the income noted on a 1099, it’s just added to the income reported on your annual W2.
So, be aware of the catches of this method of legally eliminating debt; possible scams, implications to your credit, and more taxes owed by you. If you look at all the options, you may still feel that debt elimination or debt settlement is the right choice for you. Then again you may not.
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