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Here are links to information on this topic:
Alternatives To
Bankruptcy
Chapter
13 Compared To Traditional Debt Consolidations
Other Ways To Deal
With Debt - The Downside
The Difference Between Scams,
Credit Counseling & Bankruptcy
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ALTERNATIVES
TO BANKRUPTCY
- Budgeting.
- Get
More Income.
- Consolidate
Bills.
- Credit
Counseling Plans.
1. BUDGETING: BEING MORE CAREFUL
WITH THE MONEY YOU HAVE.
It's all about income and expenses....making do with the income you have and
keeping your expenses as low as possible. The first step in dealing with
mounting debt is to try to stop spending and to avoid borrowing more money.
The next step is to sit down and work up a budget...which is nothing more
than putting pencil to paper to figure out what you have to spend and where
you need to spend it. This is the hardest thing to get anyone to do. Why?
Because it's no fun....no fun whatsoever. Budgeting puts us face to face
with reality and that can be painful. In my experience....people would
rather do almost anything else...rather than sit down and work up a
budget....but working up a budget is where it's at....and the only way to
really find out where your money is actually going. Most people are
flabbergasted at how much of their money is flitted away on things they
want...as opposed to things they need.
The reward of budgeting is that you may be able to find your problem and fix
it.
2. GET MORE INCOME.
You have finished your budget. You have separated out what is needed from
what you want. You have done everything in your power to lower your expenses
and you have disciplined yourself to live on less. However....you don't want
to give up the house or the nice apartment or the nice car....and you don't
want to move your kids out of the good school district...and you don't want
to drastically change your lifestyle. You are willing to cut back here and
there....but not as to those things. You don't want to have to make do with
a lot less. You have worked hard and want to keep the things you have. You
don't want to disappoint your spouse or your kids. But....uh oh....your
expenses still exceed your income. What do you do?
Get more income...if you can....and fast. What does this mean? It may mean
changing jobs. It may mean going back to school...if you have the time... to
get more training so you can get a higher paying job. Most likely....if you
are already over your head in debt...it means getting a second job...or
making your job-age kids get out and work. It may mean trying to get some
overtime at work. It probably does not mean sending your spouse to work
because....these days....most of the spouses are already out working.
3. CONSOLIDATE BILLS BY
GETTING ANOTHER LOAN OR MORTGAGE (OR
PERHAPS REFINANCING THE MORTGAGE YOU
HAVE)
O.K.....at this point....you have done all the budgeting you can
stand...and you are working as hard as possible...but you can't work any
harder....or you are getting real tired out working as hard as you have...or
you have lost a job...or you are working hard, but never seeing your family.
But...still ....there is not enough income coming in to pay all the bills.
What do you do?
At this point.....and usually before this point....people will start
borrowing more money...to stay current....but this is a trap. This is called
the "Borrow from Peter to pay Paul" stage. However, unless you
have a good, workable, solid plan where you can afford to repay the extra
money you borrow....you are just buying time...putting off to tomorrow the
problem you have today. And....you may be just making things a lot
worse....for you and your family. Loans are not free. For every dollar you
borrow....you have to pay back that dollar...plus interest. Oh...that
interest. Interest...that's the killer. Making you pay interest is
what lenders are all about. Making you pay interest and interest and
interest is how all those lenders make the money to feed their families.
Their families will get fed....even if your family does not.
If you don't absorb anything else...absorb this. Nobody ever got out of
debt by borrowing more money. Borrowing more money only makes sense if
you know....or can reasonably predict....that you will have more money
coming in now.....or real soon. No doubt....good, hard-working
people.....just like you....always mean well when they borrow more money.
You borrow more money because you hold out hope.....hope that the future
will be better than the present. Hope is a funny thing. We all need
hope...but hope can make us do.....in hindsight....some really foolish
things.
There are risks. For example...when you take out a second mortgage on your
home to pay credit cards and other bills, you are putting your home at risk.
Why? Because you are putting your home up as collateral....in case you
cannot pay... and when you cannot pay....the lender takes your home.
Also...offering up your home as collateral generally means you are taking
what was a short-term problem and turning it into a long-term problem. Why?
Think about it. The only reason the second or third mortgage has a cheaper
monthly payment is because you are replacing a short-term obligation with a
long-term obligation. Most of these mortgages keep you on the hook for 15 to
30 years...in many cases, well past the time when you expect to retire. When
you take out a mortgage to pay off unsecured credit cards and other bills,
you are getting short-term gain, at the expense of long-term pain.
You are tying up for 15 to 30 years, income....in most cases....desperately
needed to take care of you and your family.
Should you do it? Should you continue to "borrow from Peter to pay
Paul". Only you can make that decision...but the decision you make
carries a lot of risk and can hold you and your family hostage for many
precious years to come. The real problem comes later when there is no more
money to borrow from "Peter", and you can't pay "Paul".
This is when your whole house of cards comes tumbling down. And if
"Paul" is holding a mortgage on your home, Paul starts foreclosure
to put your home up for sale.
Here's the important question: You only have just so many good,
income-producing years. Do you really want to spend the best years of your
life in debt?
4.
CREDIT
COUNSELING PLANS AND WHAT THEY DON'T TELL YOU
ABOUT CREDIT COUNSELING:
What are Credit Counseling Agencies? Very
simply....in most cases....they are basically collection agencies working
for and....in effect...controlled by the credit card companies. We'll
explain this more below.
What can they do for me? At most....they will help you lower your interest
rates a little, and then usually only with respect to credit cards....and
then, only with respect to credit cards with companies that are willing to
participate. If what you really need is to get rid of some debt....Credit
Counseling Agencies are of no use whatsoever. Only bankruptcy can
actually get rid of debt. Is it any wonder that credit counseling
agencies hate bankruptcy. They work for the credit card companies....and the
credit card companies know that the one thing that can "unhook"
you from their control is bankruptcy.
That said....if you can't pay all your bills....and want to consider a
credit counseling plan...the second best advice I can give is to
first check out how bankruptcy works and what it will do for your family.
You will be totally surprised. Bankruptcy is so much better than credit
counseling, but if you don't take the time to check out bankruptcy before
you sign up for a credit counseling payment plan, you will never
know....until it's too late. And you can find out for FREE about bankruptcy.
Any bankruptcy law firm worth its salt offers a FREE INITIAL CONSULTATION.
The best advice I can give you is to never put your good money into
the hands of any of these organizations. Why? Because you chances of success
with credit counseling are slim to none.
Some of these organizations seem to be legitimate "non-for-profit"
businesses, dedicated to helping people. These are called credit counseling
organizations. The more legitimate ones set their customers up on repayment
plans which at least lower interest rates somewhat on certain
debts...usually just credit cards.
Many Are Scams:
However, many, if not most, of the organizations that run ads on TV, and
especially on the Internet, are simply scams organizations, especially the
ones that offer to make people "debt free" without payments and
without filing bankruptcy. Their goal...pure and simple....is to sucker
innocent people into sending them money. The sad thing is that people
actually fall for these scams and....as a result....a lot of good, honest,
hard-working....but not street-wise....people end up sending in a lot of
hard-earned money and get absolutely nothing in return...except the sinking
feeling of having gotten "suckered" and the heartache of losing
hundreds or thousands of hard-earned dollars that could have been used to
take care of their families. It just makes me sick and I just hate it for
these families.
The bottom line: There is no truer saying than...."If it sounds too
good to be true....it is".
Unfortunately, there is very little...if anything.... in the form of State
or Federal regulation to oversee and protect the public against these scams and
there is no easy way for the public to separate the scams from the
possible non-scams.
And to make things worse....there are so-called "credit counseling
agencies", "debt management organizations", and the like,
that merely pretend to be legitimate credit counseling
agencies....organizations that....once again.......merely sucker money out
of people. One of the big ones is Ameridebt, which has been sued by one or
more States' Attorney General. Why? For one reason because, although
Ameridebt held itself out as being a non-for-profit organization...it was
anything but. For instance, it is alleged that this organization illegally
absconded with its customer's full first payment, money that should have be
applied toward payment of the customer's bills.
The False "Non-Profit" Pitch:
One of the hooks used by these organizations is their representation that
they are "not-for-profit". The truth is that any organization can
make itself look like it makes no profit by simply paying huge salaries to
its officers and other employees... or by paying inflated costs out to
affiliated "for profit" companies.
The Misleading "SAVE 60% IN JUST
SECONDS" Pitch:
Many, if not most, of the Credit Counseling
outfits will get your attention saying things like this. First off,
they are only talking about credit card accounts, and then only with respect
to those credit card companies that have agreed to play ball with them.
Second and more importantly, however, is the fact that this pitch sounds
like they are getting rid of some of your debt. This is NOT true.
At most, they can lower the interest rate on a few credit cards. You
still have to pay the whole debt, plus plenty of interest. And this is
the main distinction between what credit counseling and what filing
bankruptcy can do. In most cases, filing bankruptcy, especially
under Chapter 7, gets rid of ALL the interest and also ALL the debt.
At Best, They Are Collection Agencies Controlled By Credit Card
Companies:
And, even the true "non-scam" credit counseling operations are
really just collection agencies for the credit card companies. The way it
works is this. Certain credit card companies agree to lower their interest
rates somewhat in exchange for agreeing to accept regular monthly payments
on a repayment plan set up for a period of years by one of these credit
counseling outfits. Why do the credit card companies agree to this? In major
part...the purpose is to keep would-be customers out of the hands of
bankruptcy attorneys. Why? Because bankruptcy attorneys don't just lower
interest rates...bankruptcy attorneys make the credit card companies pay for
their loose and risky lending practices, practices that leave good, honest,
hard working people with more debt than they can pay. Bankruptcy attorneys
use the bankruptcy laws to actually get people out of debt...and when you
get rid of debt...you not only get rid of the debt...you also get rid of the
entire obligation to pay interest on that debt.
Is it any wonder the credit companies hate bankruptcy and love there
"legitimate" credit counseling organizations. At least with credit
counseling repayment plans, the credit card companies have a shot at getting
all their money back...plus some interest. That's better than the
customer filing bankruptcy and the credit card companies getting nothing. In
fact....I have been told...more than once...that...because bankruptcy is so
powerful and such a threat to them....many legitimate credit counseling
agencies are not even allowed to mention or discuss bankruptcy.
Understanding all this...is it any wonder that these credit counseling
places "bad mouth" bankruptcy. Bankruptcy does what credit
counseling agencies can only dream about doing for their customers.
Point By Point - Bankruptcy versus Credit Counseling:
Let's get more specific. Let's show you how Credit Counseling stacks up
against Bankruptcy. Here are just a few of the things bankruptcy can do that
credit counseling cannot.....
- Bankruptcy can stop wage garnishments
AND Bankruptcy can get rid of Federal and State income tax debt.
Bankruptcy can put the IRS and State tax agencies
under control, stopping wage garnishments and tax levies
....and.....bankruptcy can actually get rid of significant Federal and
State income taxes (as long as you qualify under 4 simple rules),
Credit Counseling can't do a thing. Credit Counseling has no power
at all over Federal or State income tax agencies.
- Bankruptcy is a Federal law and has the
full weight of the U.S. Federal government behind it.
Credit Counseling is controlled by the credit
card companies, who can change the rules of the game anytime they want.
- Bankruptcy is an established system of
law, procedures and regulations, created to protect you. The Bankruptcy
system is run by Judges and lawyers licensed to practice and closely
policed by State Bar licensing boards.
Credit Counseling: This industry is completely
unregulated, with no one to protect you at all. Is it any wonder so many
people get scammed out of their hard-earned money by so many of these
organizations. But...Don't take our word for it. Read about the abuses
for yourself. See the reports referred to below.
- The Bankruptcy version of "bill
consolidation"....which is called Chapter 13.... is closely
regulated to make sure that you can afford to make the payments. It also
puts the full authority of the Bankruptcy Court to work for you to make
sure you are not taken advantage of.
Credit Counseling:
Credit Counselors will put you into a payment plan....even if you can't
afford it. Why? Because if they checked your budget....you would
know...right off the bat....that you can't afford their plans....and
that means you would look elsewhere for help. So what's the harm of
agreeing to pay a credit counseling repayment plan you can't afford?
Think about it. If you can't afford to pay the plan payments, you won't
complete the credit counseling payment plan, and if you don't complete
the payment plan, your hard-earned money will be wasted, your family
will be even worse off, and worst of all, the credit card companies will
go back and add on all the interest, late fees and over-the-limit
penalties, as if you never signed up for the credit counseling plan. In
other words, for lack of a better term, you and your family get
"screwed. You lose, but the credit card companies that control the
credit counseling agencies win....because every month they keep you
paying and out of the hands of a bankruptcy attorney is a month they
make money off you.
The bottom line:
Instead of telling people how bankruptcy really works....and all the good
things that can come from filing bankruptcy......the credit counseling
outfits are forced to feed off the "stigma" that most people
attach to bankruptcy.
Credit Counseling Plans Put People Into Plans People Cannot Afford:
And even worse, the public gets sucked into repayment plans that....in my
experience...they generally cannot afford...spending hundreds of dollars a
month on credit counseling repayment plans....repayment plans which suck
away money desperately needed to take care of and support their
families....repayment plans which virtually guarantee that....in the final
analysis...the only option left will be bankruptcy.
You might ask why credit counseling places don't spend more time making sure
that the would-be customer can afford the plan. The answer is three-fold.
First...from my experience as a bankruptcy attorney, because most people
have not been taught how to budget and because hope runs eternal in most
people. Telling someone that you can reduce, say $800 a month, down to $600
is very seductive, and....in my experience, most people....when asked
whether they can afford the $600 per month (in my example) will naturally
say "yes" without ever putting pen to paper to work out the
numbers. Any savings is better than none...right. Second.....because
working up an actual budget of necessary monthly income and expenses it just
that ...work and it takes time and effort. Third....because taking the
time to work up an actual budget of necessary monthly income and expenses
would reveal the ugly truth...the ugly truth being that most of their
would-be customers really need to lower their monthly expenses a whole lot
more than the credit counseling agencies can possibly offer.
How do we know? Because, in our office, time and again, we see people who
have fallen out of these plans...people who found out ...the hard
way....that they could not afford the credit counseling company's repayment
plan.
Credit Counseling Can Make Families Worse Off:
And even worse is that fact that putting people into credit counseling
repayment plans that they cannot afford, only makes things worse.
People are left worse off than if they had never signed up.
It stands to reason that if you pay money on something you cannot
afford....you have to take that money away from paying something else. And
many times....the money is taken away from paying things far more important
than credit card debt...things like your car payment, your house payment, or
things needed by your children. I have seen people lose cars and homes
needlessly because they signed up for a credit counseling repayment
plan...rather than filing bankruptcy. And even worse...what they don't tell
people....again, in my experience....is that when you fall out of one of
these credit counseling repayment plans, the credit card companies go back
and retroactively add in all the interest and penalties and late fees that
they would have been owed.....as if the plan had never been set up.
Their Real Purpose: To Keep People Away From Bankruptcy Attorneys:
There are, I am sure, people who have successfully completed one of
these credit counseling plans, but I suspect the percentage is very small.
From the credit card company's point of view, credit counseling programs are
always a success...regardless of whether or not the customer completes the
repayment plan. Why? Because every month a customer makes a payment on one
of these repayment plans.... is a month the credit card companies take in
more money than if the customer filed bankruptcy ....and one more month that
the customer is kept out of the hands of a bankruptcy attorney.
The Credit Card Company "Kickbacks" They Don't Tell You
About:
One of the major "come-ons" the credit counseling companies employ
is that fact that they do not charge you for their service. But...think
about it. Every organization has to pay its bills, the salaries, the rent,
the utilities, the cost of all those ads on TV, the cost of phone book ads,
etc., etc. The money has to come from somewhere. So where does
the money come from?
The answer is "kickbacks" from the credit card companies. But they
don't call it kickbacks. They call this money "fair share". But
kickbacks is what it is...pure and simple. It works like this. The credit
card company pays the credit counseling company a percentage of the money
that the credit counseling company collects for and sends in to the credit
card company. The problem with these kickback-based operations is that the
credit card companies can then exert tremendous pressure over the credit
counseling companies to downplay, bad mouth and misrepresent the bankruptcy
laws. In fact, one of the rules laid down by the organizations that oversee
credit counseling agencies used to be....and perhaps still is.....that the
word "bankruptcy" is never to be mentioned, much less discussed.
What a surprise?
More Bad News About Credit Counseling:
And, this is just the tip of the iceberg. There is lots of bad news about
Credit Counseling. But don't take our word for it. See for yourself
the report from the Consumer Federation of America, a major consumer
protection organization. To find the report, go to http://www.consumerfed.org/
, then click on "Finance", then click on "Credit
Counseling". The report is entitled: "FIRST-EVER STUDY OF CREDIT
COUNSELING FINDS HIGH FEES, BAD ADVICE AND OTHER ABUSES BY NEW BREED OF
"NON-PROFIT" AGENCIES".
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