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Consumer credit tips to get out of debt free, and professional online credit counseling and debt settlement if you cannot get debt under control by yourself.
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Millions of Americans are looking for ways to get out of debt, whether by re-paying debt balances through the use of a personal budget, loans, debt management companies, or by negotiating debt settlement.
If you are having trouble re-paying debt, your first action should be to create a personal budget. By doing so, you can get yourself back onto solid, financial ground without any outside assistance, and without having to acquire a loan.
If you are a home-owner, you can get a debt consolidation loan and use the equity in your home to get out of debt caused by high interest credit cards or other obligations. In addition to using the money to pay off bills, you may also be able to lower your monthly mortgage payments.
If you are a non-home owner, you can consider debt management or debt settlement. With debt management, you can reduce interest rates and repay your bills over a longer period of time than the original loan or credit card terms. With debt settlement, you can reduce the total balance due instead of just the interest, and get out of debt faster. Debt settlement; however, can harm your credit rating, but if it is already destroyed you may not have much to lose anyway.
If you have an automobile that is paid off, you may be able to refinance it and use that money to pay off higher interest debt.
With solid financial planning, a careful budget and by working with your creditors, it's possible to get out of debt on your own. Below are free tips to help you.
Professional help to get out of debt
Debt counseling
(also called debt management):
Your debt is combined into one lower monthly payment to make it easier for you to meet your financial obligations.
Debt settlement (also called debt negotiation):
The principal balance of your debt is negotiated to reduce the balance owed and get you out of debt faster.
You can get out of debt free. Tips:
Create a budget! The first step to get out of debt is to know how much money you have to pay bills and to save.
Pay bills on time to eliminate unnecessary late fees. If monthly bills are too high, consider credit counseling or debt settlement.
Cut out wasteful expenditures for products and services you really don't need to survive. Is cable TV more important than eliminating debt?
The Chapter 13 Bankruptcy Plan and Confirmation Hearing
Unless the court grants an extension, the debtor must file a repayment plan with the petition or within 15 days after the petition is filed. Fed. R. Bankr. P. 3015. A plan must be submitted for court approval and must provide for payments of fixed amounts to the trustee on a regular basis, typically biweekly or monthly. The trustee then distributes the funds to creditors according to the terms of the plan, which may offer creditors less than full payment on their claims.
There are three types of claims: priority, secured, and unsecured. Priority claims are those granted special status by the bankruptcy law, such as most taxes and the costs of bankruptcy proceeding. (3) Secured claims are those for which the creditor has the right take back certain property (i.e., the collateral) if the debtor does not pay the underlying debt. In contrast to secured claims, unsecured claims are generally those for which the creditor has no special rights to collect against particular property owned by the debtor.
The plan must pay priority claims in full unless a particular priority creditor agrees to different treatment of the claim or, in the case of a domestic support obligation, unless the debtor contributes all "disposable income" - discussed below - to a five-year plan.11 U.S.C. § 1322(a).
If the debtor wants to keep the collateral securing a particular claim, the plan must provide that the holder of the secured claim receive at least the value of the collateral. If the obligation underlying the secured claim was used to buy the collateral (e.g., a car loan), and the debt was incurred within certain time frames before the bankruptcy filing, the plan must provide for full payment of the debt, not just the value of the collateral (which may be less due to depreciation). Payments to certain secured creditors (i.e., the home mortgage lender), may be made over the original loan repayment schedule (which may be longer than the plan) so long as any arrearage is made up during the plan. The debtor should consult an attorney to determine the proper treatment of secured claims in the plan.
The plan need not pay unsecured claims in full as long it provides that the debtor will pay all projected "disposable income" over an "applicable commitment period," and as long as unsecured creditors receive at least as much under the plan as they would receive if the debtor's assets were liquidated under chapter 7. 11 U.S.C. § 1325. In chapter 13, "disposable income" is income (other than child support payments received by the debtor) less amounts reasonably necessary for the maintenance or support of the debtor or dependents and less charitable contributions up to 15% of the debtor's gross income. If the debtor operates a business, the definition of disposable income excludes those amounts which are necessary for ordinary operating expenses. 11 U.S.C. § 1325(b)(2)(A) and (B). The "applicable commitment period" depends on the debtor's current monthly income. The applicable commitment period must be three years if current monthly income is less than the state median for a family of the same size - and five years if the current monthly income is greater than a family of the same size. 11 U.S.C. § 1325(d). The plan may be less than the applicable commitment period (three or five years) only if unsecured debt is paid in full over a shorter period.
Within 30 days after filing the bankruptcy case, even if the plan has not yet been approved by the court, the debtor must start making plan payments to the trustee. 11 U.S.C. § 1326(a)(1). If any secured loan payments or lease payments come due before the debtor's plan is confirmed (typically home and automobile payments), the debtor must make adequate protection payments directly to the secured lender or lessor - deducting the amount paid from the amount that would otherwise be paid to the trustee. Id.
No later than 45 days after the meeting of creditors, the bankruptcy judge must hold a confirmation hearing and decide whether the plan is feasible and meets the standards for confirmation set forth in the Bankruptcy Code. 11 U.S.C. §§ 1324, 1325. Creditors will receive 25 days' notice of the hearing and may object to confirmation. Fed. R. Bankr. P. 2002(b). While a variety of objections may be made, the most frequent ones are that payments offered under the plan are less than creditors would receive if the debtor's assets were liquidated or that the debtor's plan does not commit all of the debtor's projected disposable income for the three or five year applicable commitment period.
If the court confirms the plan, the chapter 13 trustee will distribute funds received under the plan "as soon as is practicable." 11 U.S.C. § 1326(a)(2). If the court declines to confirm the plan, the debtor may file a modified plan. 11 U.S.C. § 1323. The debtor may also convert the case to a liquidation case under chapter 7. (4) 11 U.S.C. § 1307(a). If the court declines to confirm the plan or the modified plan and instead dismisses the case, the court may authorize the trustee to keep some funds for costs, but the trustee must return all remaining funds to the debtor (other than funds already disbursed or due to creditors). 11 U.S.C. § 1326(a)(2).
Occasionally, a change in circumstances may compromise the debtor's ability to make plan payments. For example, a creditor may object or threaten to object to a plan, or the debtor may inadvertently have failed to list all creditors. In such instances, the plan may be modified either before or after confirmation. 11 U.S.C. §§ 1323, 1329. Modification after confirmation is not limited to an initiative by the debtor, but may be at the request of the trustee or an unsecured creditor. 11 U.S.C. § 1329(a).
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DebtConsolidationCare.com Review
Get FREE counseling and analysis. With proper help you can:
* Lower your monthly payments
* Reduce interest rates
* Waive late fees
* Reduce collection calls
* Avoid bankruptcy
* Have only one monthly payment
Self-help kit to help you resolve debt
* DIY Debt consolidation
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* DIY Debt management
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* Best free way to plan your budget
* Compare debt relief plans
* Learn how to handle collectors
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31 Sample Debt/Credit Letters
* Debt Validation Letter
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Best free way to plan a budget and simplify your finances
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Here's an example of how consolidation works: Suppose you have accumulated debt on 2 credit cards, as well as medical bills and a personal loan. The details of these accounts are:
Outstanding balance on credit card X (15%) - $15000
Outstanding balance on credit card Y (20%) - $12000
Amount you owe on medical bills (13%) - $13000
So, the average interest rate = (15% + 20% + 13%)/3 = 16%
After you enroll in a consolidation program, the interest rates on your debts are negotiated down to:
Credit card X - 10%
Credit card Y - 16%
Medical bill - 10%
So, the average interest rate = (10% + 16% + 10%)/3 = 12%
Now if your total debt amount is $40000, you'll save = (16% - 12%) * 40000 = $1600 per year
How our community helps you: With over 237,000 members, our community gives you the strength and support to resolve financial problems on your own. Here are the benefits of being our community member.
* Forums: Discuss your problems and get free debt advice from our community members. The members share their real life experiences on how to deal with creditors and collection agencies and give right advice on debt consolidation, settlement, management, mortgage, personal finance, budgeting, tax, bankruptcy, chexsystems, credit repair, loans, etc.
* Debt calculators: These are financial tools that help you calculate your debt and figure out how much you save by consolidation or settlement. There are tools to determine how long you'll take to pay off your credit cards and how much you need to pay monthly. Then there are calculators which help analyze your debt and income and calculate the APR on your loan. Finally, there are calculators to help you choose the debt plans suitable to you. In short, you can determine whether or not you should get debt consolidation help or go for settlement, interest rate arbitration or bankruptcy.
* Earn dollars: Our community rewards you for your valuable contribution in the Forums, Social Answers and other community activities. Community members can get credit points for making posts in Forums and Social Answers. They can encash these points in dollars to make money. In total, there are 7 simple ways to earn dollars in our community.
* Get recognition: Our community appreciates your valuable contribution and gives you the opportunity to earn recognition as "Hall of Fame" member, "Debt Samaritan", "Moderator" and an Expert. Apart from that, the community also gives you a golden opportunity to be recognized as a financial writer by writing articles for DebtCC Wiki.
Top rated articles to help you lead a debt-free life
* 7 Steps to become debt-free: Getting rid of debt isn't impossible but you need to plan your way out of it. Becoming debt free is a realistic goal. You can achieve it by putting your heart and soul into it. Right financial planning and proper budgeting are some of the key steps you need to take for becoming debt free. Check out 7 steps on how to pay debt off and achieve financial freedom.
* Debt consolidation loans: Banks and financial institutions often provide you with unsecured personal loans to consolidate debts. After the consolidation of debt with the new low interest rate loan, you only need to make a low single monthly payment to the financial institution. This is also known as loan consolidation. However, bad credit debt consolidation loans are hardly available because banks and lenders may consider you as a high risk borrower if they find too many negative items on your credit report.
* Credit card consolidation: With this option, you consolidate debt on credit cards and get rid of bills with one monthly payment instead of many. Here, the debt consultants of America talk with the credit card companies and arrange an affordable single monthly payment for you. If you're in military service, you may qualify for military debt consolidation program that'll help you pay off credit card debts with a small monthly repayment.
* 6 Types of debt solution: Compare and contrast debt consolidation, settlement and other ways to resolve your credit problems. Know about each and every debt service or solution in details. These 6 types of debt solutions can help you put your debt behind and lead a financially happy life. Find out what impact they can have on your credit score and choose the one that suits you the best.
* Christian debt consolidation: It works similar to any other consolidation program. The only reason why it is called Christian consolidation is because it is based on the Christian principles which believe in serving one master, that is, God. Since man cannot serve 2 masters at the same time, hence he can get help from Christian consolidation services and free himself from the bondage of debt. That's how he'll find out time to serve God and live the Christian way of life.
* Bill consolidation: Under this program, interest rates on credit card bills, medical bills or utility bills are lowered and any late fees or over-limit charges may be eliminated to help you pay off debt conveniently. So, you pay less toward your bills and save money each month. You can use the money to pay off other debts or contribute toward your retirement/future savings.
* Credit counseling: This is an option in which you seek debt advice from a credit counseling agency that is a member of the NFCC (National Foundation for Credit Counseling). The credit counselors help you with budgeting and money management advice and offer tips on how to manage multiple bills conveniently. The credit counselors also communicate with your creditors to reduce the interest rates on your outstanding loans if you are unable to handle your debts even after the initial counseling.
* Debt consolidation non profit: This is similar to any consolidation program but it is offered by a company that has obtained the non-profit status from the IRS. Debt consolidation non profit programs are not available for free. Either you'll need to pay lower fees or make voluntary contributions to take advantage of these prog
Contact Numbers: For free consultation: 800-debt-913 (between 9 AM and 6 PM PST) General queries: 775-297-8585
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Review information was gleaned from the website, and is neither an endorsement by us nor an confirmation of content nor a warranty of any promises made by the website. Use the review information at your sole discretion and sole liability.
ATTENTION: CREDIT DEPARTMENT
RE: ACCOUNT #[123456789]
Dear [Creditor],
My current income is not enough for me to be able to make any payments towards my debt at this time and I do not foresee any changes to my financial situation or employment status that would put me in a position to make payments any time in the future.
Please find attached [income statement, budget, medical report or any document to prove your financial problems].
I respectfully request that you forgive my debt and accept a final settlement offer of $[Dollars] to close this account and to forgive the remaining unpaid debt.
Please respond to my request in writing to the address below at your earliest convenience. Thank you in advance for your understanding of my situation.
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Will payday loan companies sue if I stop payday loan cycle by defaulting on
payments? To get a payday loan write off, you can't simply stop making payments.
To end payday loan harassment, first you need to stop the cycle of borrowing.
Next, you need to either payoff the existing balance or get the lender to accept
a settlement payment. The worse way to eliminate payday loan debt is to take out
a payday loan to payoff a payday loan. Can I be arrested for not paying a payday
loan? No. But don't think that lets you off 100% free, because the lender can
pursue you legally in court.
