Money Matters
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Real Money Problems - Bankruptcy vs Debt Consolidation

For a multitude of reasons including job loss and plain bad budgetting, we are 50K in cc debt. I pay the bills and have finally realized that we need to do something drastic to make things change. We have gone to a lawyer regarding bankruptcy but our income is higher than the mean income for FL so we are not sure if we would qual for chapter 7 or 13. I know that both would totally ruin our credit but have heard many bad things re: 13. The worst being that there is only 55% success rate. So I spoke to a good friend who knows someone who helps with debt negotiations etc. But he charges $700 up front and then $300 a month and he says at the end of 15 months we shoudl be able to get rid of debt by using 401K loan. Anyway, all options are dismal but I was just wondering if anyone has been through this. Any thought, advice, etc would be greatly appreciated.

 

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Re: Real Money Problems - Bankruptcy vs Debt Consolidation

  • what is a 401k loan?  If it has anything to do with messing with you retirement money, I wouldn't do it.
    Baby Birthday Ticker Ticker
  • Don't touch the retirement money.

    I don't know a ton about bankruptcy (that's my H's field - though on the creditor's side, not your side), but I will tell you that it exists for a reason.  If you can't get this debt under control - as in, if you are to the point where you can't even meet your monthly minimums - then bankruptcy is something to consider.

    However, I would sit down and take a very very hard look before filing.  It does ruin your credit, and it makes getting future credit extremely difficult.

    My suggestion would be to first post your budget here.  Go through all your bills and write down what you spent last month on each category (food, gas, entertainment, insurance, etc.).  Also give us your income and your various credit cards with their balances and their interest rates (plus any other obligations - mortgage, car loan, etc.) and we can give you better advice.  If your income is as high as you say it is, this shouldn't be insurmountable.  It might take TIME and an effort to really track your spending, but that's vastly better than going through the bankruptcy process.  Bankruptcy is also long, drawn out, and painful - and the banks will hire people like my H to make sure they get their cut of your assets.  He's going to work for a firm that has about 500 attorneys across 6 states.  You don't want to be up against that.

    Maybe start a new post with all that info, and we can give you advice about how to pay this debt off and/or whether you're in so deep that bankruptcy is the only reasonable answer. But know that being in the hole doesn't mean you can't climb out again if you're willing to work hard.
    Wedding Countdown Ticker
  • You do not need to pay to have a credit counseling service.  CCCS )Consumer Credit Counciling Service ) will negotiate the interest rate on your credit cards and then have a debt repayment plan set up for you (you pay them and they pay the cards - and yes they do pay them).  You will be required to close the accounts and not open any new ones.
    What HAVE YOU DONE so far to attack these debts? Have you gotten 2nd PT jobs, sold items you no longer need or use, down sized your lifestyle, cut non essential spending? 

    Track your spending - EVERY DOLLAR - then categorize and from that make a budget
    You need to know exactly how much is coming in and how much is going out.

    STOP ALL EATING OUT,  no new clothes - wear what you already have, sell your car and/or home if you can and live with one car or buy something cheap and afforrdable. Rent for less than it costs you to live in your current situation.

    Gifts - only to children and keep it VERY modest.
    NO vacations, or personal luxuries until this is taken care of.

    Read TOTAL MONEY MAKE OVER by Dave Ramsey. 

    Post your current budget - income, expenses, debt  - including % rate and minimum payments,

    Under NO CIRCUMSTANCES should you touch your 401K.  No way.  Although it can be done it is a very risky move .

    Since you have a good income available to you, this is going to be more of a lifestyle adjustment required to pay off the debt, I would guess.
  • You do not need to pay to have a credit counseling service.  CCCS )Consumer Credit Counciling Service ) will negotiate the interest rate on your credit cards and then have a debt repayment plan set up for you (you pay them and they pay the cards - and yes they do pay them).  You will be required to close the accounts and not open any new ones.
    What HAVE YOU DONE so far to attack these debts? Have you gotten 2nd PT jobs, sold items you no longer need or use, down sized your lifestyle, cut non essential spending? 

    Track your spending - EVERY DOLLAR - then categorize and from that make a budget
    You need to know exactly how much is coming in and how much is going out.

    STOP ALL EATING OUT,  no new clothes - wear what you already have, sell your car and/or home if you can and live with one car or buy something cheap and afforrdable. Rent for less than it costs you to live in your current situation.

    Gifts - only to children and keep it VERY modest.
    NO vacations, or personal luxuries until this is taken care of.

    Read TOTAL MONEY MAKE OVER by Dave Ramsey. 

    Post your current budget - income, expenses, debt  - including % rate and minimum payments,

    Under NO CIRCUMSTANCES should you touch your 401K.  No way.  Although it can be done it is a very risky move .

    Since you have a good income available to you, this is going to be more of a lifestyle adjustment required to pay off the debt, I would guess.
  • PPs have given great advice. I would avoid that credit counselor like the plague; it sounds like a scam and you shouldn't touch your retirement. Depending on what kind of standing your accounts are in, another option is to contact your creditors directly about creating a payment plan or reducing your interest rates. They would rather get something from you than nothing. I have friends who have had success with this method.

    Ditto PPs about reading Dave Ramsey and seriously scaling down your lifestyle. It will be hard but you can do it. Start today.
  • Post your budget here with expenses and income. Include balances, rates, and loan info.
  • When you 55% of bankruptcies fail, what do you mean? People don't actually get all the through the process and their debts discharged or people wind up back in debt?
  • If you are willing to do the work yourself, you can do the same thing he is offering to do for you for free. All he is going to do is call the companies and try to get settlement deals (paying less then youtechnically owe) which unless you can get the company to agree to list the debt as paid in full can still hurt your credit, but you will owe less money. Also if you call companies and agree to payment plans with them, they will work with you. They would rather get an agreed amount each month on a specific date then nothing and then they don't have to work on harassing you for the money either. Also once you are a payment plan, most creditors will stop charging interest on the balance owed (from my experience) Try this for a while and try to avoid doing a 401K loan, it will only hurt you in the long run taking away from your retirement.
  • I filed for chapter 7 in 2010, was able to keep car because I needed it for work, my debts were discharged and I started brand new.
    I repaired my credit, the credit card offers poured in right when bankruptcy was approved (June 2010) so I paid my credit card bills on time and credit score increased, it did not affect me getting FHA mortgage loan or affected the interest rate in October 2012. The bankruptcy does appear on credit report for 10 years but I've had no issues with credit or being denied of anything.
    I did speak to someone regarding debt consolidation but I passed the 'means test' for bankruptcy chapter 7 and went that route instead, it was less expensive and I honestly just wanted to forget about my debt and start over new.
  • I have to agree with several PP. Post your budget on here, do not pay for debt consolidation- you can do the work yourself and then put that $ to the debts. DO NOT touch your 401K. You will pay a penalty (I believe 10%) PLUS your tax bracket so that can be 48% of that money.
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