Debt Settlement vs. Bankruptcy

If you are over your head in finances and not sure what to do, consider debt consolidation before you consider bankruptcy. By declaring bankruptcy, you are setting yourself up for 7-10 years of credit report nightmares that will stick to you in a very bad way. Although credit consolidation will also leave some negative marks on your credit report, these negative factors are weighted less against your credit score than bankruptcy. 

Declaring bankruptcy means that you aren't able to pay back on your debt obligations, leaving creditors without a chance to recoup much of what they lent to you. Your credit scores for bankruptcy will be lowered to the sub 500's or even the 400's. Consolidation will also leave some negative marks on your credit rating, but you could still have a significantly higher credit score because you are still paying most of your debt back.

The consolidation process gathers all of your debts and combines them into one bill. Consolidation companies will work with your debtors to pay them out according to a schedule. They will even work to negotiate the removal of some of your late fees and reduce your interest rates. Your creditors will get paid, although it may not be on the ideal payment schedule.

Your credit report may reflect marks such as "paid for less than the full amount" or "over the limit/late, but account current." Although these marks hurt your score, it is minimal compared to defaulting on your credit card and not paying anything at all. What's even worse is when you have a bankruptcy written across your credit report. Defaults and bankruptcies will sit on your credit report 7-10 years depending on what state you live in.

The debt consolidation process will cost you some money. Many companies will require a small fee upfront to begin contacting your creditors and gather up the total debts. You will then put money into a monthly account which the consolidation company will then use to pay your creditors. Some of your creditors may be paid in monthly payments, others will negotiate a deal for less than the balance if given a lump sum of money. The consolidation company will usually charge a percentage of your negotiated savings as their fee and deduct this from your account. The process could take a long time to complete, but you will be debt free in the end.

Before you consider bankruptcy, do some research and see what consolidating your debts can do for you.

Bankruptcy Credit Counseling

Many people find themselves overwhelmed by debt sometimes due to poor decision-making or poor planning. Easy credit and the need for immediate gratification can land hardworking people in more debt than their incomes will cover. In other situations critical illness, accidents, death, and job losses, may reduce household income to a point where there is only enough money to cover bare necessities like mortgage payment, utilities and food. Credit card debt and consumer loans may go unpaid. As a result, individuals and families end up with poor credit and no hope of digging out from under a mountain of debt. For many, bankruptcy is the only option. However bankruptcy is getting more difficult to declare, due to the numbers of people who have taken this route in the past.

Prior to pursuing bankruptcy, it is wise to look at other options that might relieve some financial pressure. Debt consolidation or credit card consolidation may be the answer in some situations. If the credit standing is still decent, a bank may be willing to provide a debt consolidation loan. This type of loan would allow a debtor to use credit card consolidation, or pay off all credit cards with the loan. As a result, there is only one payment to make, and in most cases the interest rate would be better than the rates on several cards. As long as no more debt is incurred, it is possible to pay off the debt load in a much shorter period than it would take to pay off several creditors. However those that choose to consolidate debt should be aware that for people who lack self control, it is easy to get back into the debt trap.

Those who feel that they have no recourse except to file for bankruptcy are required to seek credit counseling to determine if that is the best option. Current law requires that persons seeking bankruptcy receive credit counseling six months prior to filing, to determine if they are suitable candidates for this option. During this counseling session of at least 90 minutes, a qualified credit counselor helps a debtor analyze his or her situation to determine if there are alternatives to bankruptcy. Sometimes a fee may be charged for this service, but it can be waived. In some instances, a credit counselor can help a debtor set up a debt management plan that will satisfy creditors, and enable debt to be paid down without undue stress. The payments are made to the credit counseling agency, and distributed to the creditors based on a plan that is agreed upon by all parties. If such a plan is impossible, the next step may be to file bankruptcy.