Credit Settlement Options For Consumers

Posted by Layla Vanderbilt

November 5, 2009

The recent barely-averted recession has caused us all to tighten up our belts and hold on to our money especially tightly. But for all too many, that’s not enough. The real estate roller coaster has put many people into huge pits of debt. There are many solutions for tending to debt, but without a little guidance far too many debtors pick the wrong option for them, harming their credit rating for years to come. Debt counseling, consolidation, settlement and even filing for bankruptcy are all necessary and useful services for people in debt, and it’s up to you to find which one is best for your situation. Bankruptcy and settlement have, for better or worse, become the most commonly used methods of getting out of debt, due to simplicity and various other advantages they provide.

Bankruptcy is most commonly filed as a chapter seven or chapter thirteen. A chapter seven is the superior option, with debt being reduced or even dismissed entirely in some fortunate cases. However, it’s not up to you to decide what chapter you file under! Since 2005, significant legal revisions have made it so that the court decides which chapter a bankruptcy is filed under, not the debtor. A means test, which is the first procedure to start up a proper bankruptcy filing, evaluates your income and expenses versus the standards for redeeming the debt. Falling short of the IRS-set standards of the means test will allow you to file a chapter seven. However, if you can even pay as little as a hundred dollars monthly towards your debt, then you will have to deal with a chapter thirteen filing instead.

The required mean test is an evaluation of the petitioner?s income and expenses which is compared against debt redemption standards as determined by the Internal Revenue Service (IRS). If the petitioner?s income falls short of the IRS standards they are eligible to file under auspices of chapter 7, however they may elect to file under the reorganization standards of Chapter 13. Chapter 7 guidelines are very strict. If the means test shows that the petitioner has the ability to pay any amount towards debt repayment, the filing will automatically be entered as Chapter 13 bankruptcy.

Debt settlement, also called debt negotiation, is a somewhat new and hard line way of debt relief that gives a lot of advantages over counseling, consolidation, and bankruptcy. First, the benefit the borrower sees immediately is that their payments are about half when all their bills are put into a settlement compared to their current payments. The types of credit accounts that you can place into a settlement are credit cards, department store accounts, unpaid utilities, doctor bills, and additional kinds of unsecured debt. Additional pros of this method are: If you get your debts settled, you can stop your salary from being attached or garnished - If you let your creditors know you?re trying to settle your bills with this procedure, they will be assured they will get at least some of the money you owe them. Because of this, they aren?t as likely to sue you while the settlement process is ongoing. Debt elimination ? Existing amounts can go down by between 40 to 70%, depending on your account holder. Most of the time, the combined accounts in a settlement get taken down by 50%.

Settlement will generally result in an overall debt reduction of fifty percent, but it can climb as high as almost three-fourths of your total debt in exceptional circumstances. Combined with the reduction in monthly payments, this results in less financial pressure, allowing you to pay things back and get back to zero more quickly for a fresh start. Most settlement payment processes will run for no longer than four years, but within that time period are reasonably flexible according to the needs of the debtor. This may seem like an extremely short amount of time for large loans such as mortgages, but the loan and payment reductions allow this kind of time limit to be practical.

Debt elimination programs can reduce outstanding balances by 40 to 70%, depending on the specific creditor. In general the average account included in a settlement will be reduced by 50%. The process provides added security for assets that represent a security interest. By reducing payments and eliminating a major portion of unsecured debt relieves pressure on secured assets. Debt settlement is often combined with mortgage loan modifications to help homeowners reduce their total payments toward debt and get for new mortgage terms. Most debt elimination programs terminate within 48 months, the same account with minimum payment could take over 20 years to payoff. The settlement of accounts allows for borrowers to begin the process of re-building their credit scores faster than bankruptcy which can remain on a consumer?s credit report for up to ten years.

Quicker improvement of your credit rating ? Settling their accounts lets borrowers start being able to get their credit rating up faster than if they filed bankruptcy because a bankruptcy remains on a credit report for 10 years and on a public record forever. Debt settlement and negotiation is extremely popular with people struggling to pay off their bills due to the advantages of it over other types of debt relief, such as bankruptcy. Borrowers must still become familiar will all the methods of relieving their debt before they make up their mind on what to do. The most superior method to go through the various methods is to work with an experience lawyer who understands all sorts of debt relief methods, so they understand which one is best for them. Putting yourself on the street to monetary victory is just that easy.

Layla Vanderbilt is the webmaster for a leading website that offers for debt consolidation advice and guidance.

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