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Reputation: 72

debt consolidation vs bankruptcy?

Hi guys. I know there are answers already about debt consolidation on this site, but I was hoping for a little more specific info. I'm asking this question on behalf of my boyfriend who's trying to figure out what to do about his debt.

Basically, a few years ago he ran into a little trouble and wracked up some debt that he hasn't been able to pay off. He has about 10k in unsecured credit cards, 12k in student loans, and his car (that was repossessed) had about $1000 left to pay on it. He only has about $350 extra a month to pay any debt consolidation fees.

What should he do? Bankruptcy or debt consolidation? And if the latter, any recommendations of a company/credit union that is not a scam and within his budget?

This area often gets so sketchy that he doesn't know who to trust, so any input you might have is definitely appreciated.

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  • Bauhaus_small
    Reputation: 650

    Student loans aren't wiped out in bankruptcy unless the borrower will never be able to repay - like if he/she has become permanently disabled. The good news is that President Obama has gotten the ICR and IBR repayment plans through the Congress while the Dems were still in charge. It changes everything about repayment. Check it out if you haven't already.

    I'm with Dan. Bankruptcy will cost you about $400-$1200 to file, but it will clear your record. Some of the debt consolidating agencies will cost as much and are pretty damn shady keeping up to 80 percent of your payment for fees. Most are bankrolled by the credit card companies, so that's where their interest lies. They don't give a crap about you beyond wanting to get payback.

    Bankruptcy is a federal action and held in federal court. It is spelled out in the US Constitution, born by the founding fathers who remembered the days when people were thrown into debtors' prisons and workhouses. It allows people to get a fresh start when things go horribly wrong financially. And even though some take advantage of the process, there is no shame in being poor and wanting to get a fresh start - irrespective of what those debt consolidation ads say on TV. I'm sure you've heard the statistics about the vast majority of bankruptcy cases these days being people who were just barely making ends meet when they were hit with a $100,000 medical bill.

    You can DIY for around $400-$500 (the filing fee) but the paper work is pretty complex and taxing. You have to list EVERYTHING you owe to EVERYBODY. Doable if you don't have a ton of creditors. There are affordable lawyers out there who will do it for under $1000 if the bankruptcy is simple enough. Most want around $1200 last I heard. They'll file all your papers and notify all creditors that a petition for bankruptcy has been filed and that all collection actions must cease from this moment on. In other words, filing for bankruptcy puts an immediate end to all attempts to collect.

    Good luck, Avi!

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4 Other Answers

  • Hey_girl_hey_small
    Reputation: 1383

    In my non-legal, non-expert opinion I would advise him to declare Chapter 13 bankruptcy. I am pretty sure you can't wipe-out student loans with Chapter 7.

    The bankruptcy attorney can negotiate with the courts to get amounts reduced, restructured, and put on a payment plan. All interest and fees stop, and the payment plans usually run for 5 years.

    The payments are typically made as a payroll garnishment to the bankruptcy trustee and it's a fairly straightforward and simply process.

    The good thing about a Chapter 13 is it is considered credit and the payments toward the plan help to rebuild the filer's credit.

    I would advise your friend to speak with an attorney; most bankruptcy attorneys offer a free consultation.

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  • Sho_small
    Reputation: 1226

    Two cents: my partner works in collections, and he hates talking to debt consolidators. They waste everyone's time, including the debtor's, by tossing out ridiculously low settlement numbers that no one is going to accept. Plus, my partner's received more than one call from a debtor wondering why their debt consolidator hasn't managed to stop collection actions or negotiate payment plans for them. The answer? Only bankruptcy does that.

    If your boyfriend has called his creditors himself, told them the absolute maximum he can pay, and they still haven't accepted that offer, he should file for bankruptcy. Bankruptcy was invented for situations like this. Stop the interest clock, make a doable payment plan, and rebuild from there. Good luck to him.

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  • 171004_187797394575098_171125202908984_544001_2007695_o_small
    Reputation: 29
    Business

    No matter which route he chooses, he should verify that the service provider is legit.
    - In the case of debt consolidation, the WA Dept. of Financial Institutions' (DFI) website provides advice to consumers, as well as links to DFI Financial Fraud Alerts, Consumer Alerts from the Attorney General, and BBB Alerts.
    - For a bankruptcy attorney, he should verify that the attorney is licensed by the Washington State Bar Association. A good attorney will usually provide a free consultation to present the pros/cons of bankruptcy and whether it makes sense for an individual's financial situation.

    In bankruptcy, a debtor can usually discharge unsecured debts. However, student loans are not dischargeable, except in cases of extraordinary hardship. Bankruptcy can stop collections actions and provide a fresh financial start. A bankruptcy attorney will often offer payment plans, and the cost is usually a fraction of the amount of the discharged debt.

    In debt consolidation, debt may not be erased but rather repackaged (hopefully into a lower interest loan). The decision whether to forgive a debt or enter a repayment plan is in the hands of creditors (as opposed to the court, in a bankruptcy). If a debtor does receive debt forgiveness, there may be tax implications (forgiven debt may be counted as income by the IRS).

    Of course, without knowing your boyfriend's specific financial situation, I cannot provide legal advice. However, I do hope this helps him decide how to proceed.

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  • Mom-and-baby-panda_small
    Reputation: 85

    To be honest, I wouldn't do either. Bankruptcy looks horrible as does Debt consoladation places. I have done the debt places, and my credit got worse. He only has 10K in credit card debt and 12k in student loans. It really isnt that much. Student loans are debt that will be paid for the rest of his life. Go to IBR.com and sign up there. I would also pay as much as you can to the credit card companies. The thing they dont tell you is that they have to take what you pay, regardles of if they say they are going to sue you or garnish wages, they cannot, because you are paying them something each month. Also on the car thing, my car was repo'd as well and I said forget it, I am not going to be paying on somehting that I am not driving. Which is funny, because the bank agreed. (anything after 7 years will disapear from your credit) Maybe it is time to get a 2nd job to pay extra fees and pay off debt?

    -cheers

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