A lowered economic situation and the explosion in the real estate market bubble has forced borrowers to the breaking point so they aren?t able to make the payments on their credit cards and consumer debt. For people in this situation trying to find a way to fix their problem, they often decide the only thing they can do is decide between assorted debt relief possibilities. These possibilities include counseling, consolidation, bankruptcy, and settlement. Out of these, debt settlement and filing for bankruptcy are what most people chose because of the pros in regards to getting rid of their existing payments and the amount they can reduce their existing debt.

For consumers who elect the option of filing bankruptcy the most common filings are under either Chapter 7 or Chapter- of the Federal Bankruptcy Code. Chapter 7 provides better outcomes for filers with its deep reduction of or outright dismissal of the petitioner?s debts. Before the rewrite of the Federal Bankruptcy Code in 2005 Chapter 7 filings composed the majority of consumer filings for just those reasons. Since the overhaul of the bankruptcy code the choice of a Chapter 7 or Chapter- filing is decided by the Court after apply a means test, which in now the required first step in any consumer bankruptcy filing.

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-. 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- bankruptcy.

In either case the petitioner is required to attend credit counseling and budget analysis at their own expense. Chapter- filings do provide relief on current payments, but is not anywhere near as consumer friendly as Chapter 7. It also carries other disadvantages, such as having the petitioner?s finances overseen by a court appointed trustee. The invasiveness of Chapter- filings very often turns consumers towards professional debt settlement services.

Professional Debt settlement, also known as debt negotiation, is a aggressive form of debt relief providing advantages over debt counseling, debt consolidation, or bankruptcy filings. The immediate advantage is the approximate 50 percent reduction on payments to each account included in the debt settlement program. Accounts eligible for inclusion in debt settlement programs include bank credit cards, unsecured bank loans, department store debt, unpaid utilities, medical bills, and other forms of unsecured debt. By being proactive in pursuing debt settlement arrangements consumers can prevent wage garnishments, attachments and other legal actions. By letting creditors know that you?re actively pursuing a debt settlement program you are providing some assurance they are going to be paid at least a portion of the money due them. Creditors are hesitant to initiate any legal action while a settlement program is in effect, since it only is an additional expense with no additional return.

Completely paying off your bills ? When the debt reduction is done, the schedule set up to pay it off is variable, but usually is about 48 months. However, if you only made minimum payments on the previous accounts, it may take more than 25 years to get rid of it.

This article has spent a fair amount of time praising debt settlement and pointing out the disadvantages of bankruptcy. But the truth is, there is no one right procedure that fits all people in all circumstances. You should analyze your situation either on your own or with the help of a financial expert, and then make a decision about what procedure is most likely to give you the best possible outcome.

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

categories: Debt,Bad Debt,Finance,Loans,Credit Cards,Personal Finance,Money,Money Management

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