Debt Solutions: Bankruptcy v. Debt Settlement
Debt settlement is a term used to describe negotiating with your creditors. to force them to accept less money than you owe.
Debt settlement companies, called “DSCs,” do this work for you, but you must pay them whether they reduce your debt or not. DSC fees are usually between 20% and 25% of your total debt, although some DSCs charge a percentage of what they save you. DSCs also charge additional fees for things like setting up your account.
Typically debt-settlement is an alternative to filing bankruptcy. But, the debt settlement approach to getting out of debt is risky. Some creditors may not agree to settle, and they may sue to collect the debt you owe. Also, there is no guarantee the DSC you hire will succeed.
How Does Debt Settlement Work?
To start the process, your DSC instructs you to stop paying to your credit card and other bills. Instead, you’ll pay the DSC. Your monthly payment is based on a formula that considers
(i) the total debt you have,
(ii) how much money the DSC believes you need to make a settlement offer your creditors will accept, and
(iii) what you can afford to pay monthly.
The first benefit of using a DSC is that your monthly payment is affordable. You no longer struggle to make minimum payments. But the benefit stops there.
The DSC will accumulate your payments in a savings account until you’ve saved enough to make a reasonable offer. When you’ve saved enough money, the DSC will use you’re your money to try to settle with your creditors and pay only a portion of what you owe.
Depending on the amount you owe and how many creditors you have, saving enough money to make a reasonable offer of settlement can take several years.
While you’re saving, you’re not paying your creditors. This will harm your credit score, and the missed payments will be reported for up to seven years. Also, under federal law, credit card companies must close and charge off credit card debt after 180 days. Charge-offs are derogatory marks on your credit report that last for 7 years, as well.
More important, your creditors will sell your accounts to secondary creditors. Secondary creditors are individuals and companies that buy debt for pennies on the dollar and then work hard to collect it. These creditors are more aggressive than primary lenders; they will sue you to turn a profit from buying your debt.
Debt Settlement vs. Debt Management?
An alternative to debt settlement is debt management. Debt management programs, “DMPs,” help you reorganize your finances by intervening with your creditors to negotiate interest rate reductions and extended repayment plans. DMP services help you pay your debt in full with minimal damage to your credit score.
DMPs are often nonprofit companies. A DMP may still a charge fee for services, but the cost will be far less than what you’ll pay a debt settlement company.
Debt management programs also negatively affect your overall credit score. Many of your creditors will close your account, which affects your credit utilization ratio. Closing accounts will cause your credit utilization to increase. Second only to your payment history, credit utilization is a crucial factor in calculating your credit score. See experian.com. Still, a DMP repayment plan will do less harm to your overall credit rating than debt settlement.
Is Hiring a Debt Settlement Company a Good Idea?
Probably not. Here’s a comparison of the key differences -
Debt Settlement is More Expensive than Bankruptcy
When you combine the fees you’ll pay your DSC with the amount you’ll pay your creditors in the settlement, filing Chapter 7 or Chapter 13 bankruptcy is usually far less expensive. Expect to pay your attorney $2,500 for a Chapter 7 case and $3,500 for a Chapter 13 case. In most cases, that will be less than 20% to 25% of your debt.
Also, because credit card and most other unsecured debt will be discharged in bankruptcy, you’ll pay no settlement amount at all.
Bankruptcy is Quicker than Debt Settlement
Bankruptcy lets you get on with your life much quicker than debt settlement does.
If you are eligible for Chapter 7 Bankruptcy, becoming debt-free takes just a few months, making it much quicker than any debt settlement approach. In Chapter 13, you’ll make payments on your secured debt for 60 months. But, the initial legal proceedings also take only a few months.
There are Few Guarantees in Life, but Compared to Debt Settlement, Bankruptcy Comes Pretty Close
If you choose debt settlement as a debt solution, and one of your creditors refuses to negotiate, you may face lawsuits, wage garnishments, or bank levies. When you file bankruptcy, the automatic stay goes into effect to protect you, and creditors are forced to stop collection activity the moment your case is filed. Also, an honest and straightforward bankruptcy is rarely denied.
The Negative Credit Impact of Debt Settlement and Bankruptcy are Almost Identical
Finally, debt settlement and bankruptcy have similar lasting effects of your credit score and history. Late payments and charge-offs on your credit report remain for up to 7 years. Filing Chapter 13 Bankruptcy leaves a black mark on your credit for 7 years. A Chapter 7 Bankruptcy case is reported for 10 years.
There are Few Guarantees in Life, but Compared to Debt Settlement, Bankruptcy Comes Pretty Close
Becoming debt-free takes just a few months!
If you are considering bankruptcy, take time to find an experienced attorney who is willing to invest time in you and your case. When you meet with Ernest G. Ianetti, Esq., we’ll take time together to discuss your situation and get you started on the right path to financial freedom.
The Law Firm of Ernest G. Ianetti, Esq. has over 30 years of professional experience. If you are considering Chapter 7, Chapter 13, or Chapter 11 bankruptcy, we can help you. To schedule a FREE Consultation, click here.
Our office is conveniently located in the Rockaway Townesquare Mall complex. We represent clients from Morris County and surrounding areas, including Sussex County, Essex County, Union County, and Passaic County. To schedule a FREE Consultation, click here.
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