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debt settlement versus bankruptcy

Date: Wed, 06/02/2010 - 12:59

Submitted by anonymous
on Wed, 06/02/2010 - 12:59

Posts: 202330 Credits: [Donate]

Total Replies: 7


I'll try to make this brief. Up until 6 months ago, my husband and I had stellar credit. What I did not know is that over the past 2-3 years, my husband had been keeping his business afloat using our credit cards...all the big ones, Chase, Citi, BofA, etc. to the tune of at least (at this point with all the fees) $200,000. Immediately, I thought that we needed to file a Chapter 7 bankruptcy and contacted a lawyer who advised us not to pay our credit cards and started the process with us. After starting the process, we have found that our home has equity.....it has gone up in value considerable (according to Zillow) which compromises our ability to keep our home should we go for a Chapter 7 bankruptcy. My elderly mother who is disabled also lives with us...so the thought of losing the home and finding someone to rent to us is just making me so nervous. Initially the lawyer said that he could save our home, but more recently has been slightly more vague regarding this....

I have begun to rethink the BK in favor of debt reduction.....our accounts are all 4 months late....we have started to call the creditors and for the most part, they have given quotes for significant reductions on our accounts (as much as 75%). All of our accounts are with major banks....we have no other debt....no car loans or smaller Credit cards with balances.
I may be able to borrow some money from my mother to pay most of the reduced debt in a lump sum.

My concerns are: how much better is the debt reduction than Bankruptcy for our credt. Most of the credit card companies are saying they would close our accounts and mark them as "settled." Do we need an attorney to help us ....we seem to be negotiating fairly well on our own. Do we have to be concerned about the credit card companies coming back at us later or not clearing the debt from our credit report if they sign a contract?
Are there any pitfalls to doing debt reduction on your own with major credit card companies? I am just frightened but also frightened about losing my home and my cars.


any info or advice would be greatly appreciated. I guess I am concerned that when I contact these Credit card companies ....that if I do need to file bankruptcy that it will come back to haunt me although I have made it clear that we do not know if we will be able to come up with the money to settle......most say they will not do a pay for delete also.
again, thank you for any thoughts, suggestions....appreciate it greatly! thank you!


lrhall41

Submitted by debtor in CA on Wed, 06/02/2010 - 13:19

( Posts: 27 | Credits: )


We are in your shoes as well and we have been settling one after another-slowly..We think this is a better way to go because nobody seems to ask if you have settled but lots of applications for loans, jobs, etc ask if you have ever filed BK....you can do this without any help-we worried in the beginning but after the 1st one we felt great! just one day at a time--the phone calls do not seem to bug us much anymore-just part of the routine everyday! We are over half way there!;)


lrhall41

Submitted by homeseller on Wed, 06/02/2010 - 13:33

( Posts: 23 | Credits: )


thank you homeseller....I appreciate your response. One credit card person we contacted today asked for your bank account number and routing number to ensure that we are "serious." he really came down hard....pressuring us ...saying that we called and made an offer to settle. Needless to say, I refused to give the info...stating that we were not sure we could even settle...and were just exploring possibilities. I am so anxious that somehow this will affect us if we file bankruptcy.....I think I am being paranoid, this stuff sure can do a number on you! thanks again homeseller......


lrhall41

Submitted by debtor in CA on Wed, 06/02/2010 - 14:37

( Posts: 27 | Credits: )


never never never give out any info on you accts...they will ask anyhting including debt versus income--never give any info or s.s. # or checking/saving acct #'s to any one...when you come to an agreed amount to settle some require pay by phone check..open an acct just for this and only put in what needs to be paid just before they take it out...and only one debt at a time..worked great for us..you CAN do this! PM me anytime..ouer credit was very high but now our sanity is better-credit scores will go back up someday..;)hang in there!


lrhall41

Submitted by homeseller on Wed, 06/02/2010 - 14:44

( Posts: 23 | Credits: )


Dear Homeseller....
thank you so much again. I really cannot tell you how much your reaching out means to me....thanks again. I will not give out any info that is for sure...thanks for drilling that point home! I will try to hang in there LOL....and I sent you a PM.....and hopefully, I will set up an account here as soon as I have a minute ....thanks again for your helpful info and support!
D in CA


lrhall41

Submitted by debtor in CA on Wed, 06/02/2010 - 16:15

( Posts: 27 | Credits: )


If you have more than two credit cards consolidating is often a beneficial step towards managing debt. Every credit card carries a balance, a finance charge and an annual fee. Eliminating the fees on all but one credit card can be the difference between keeping your head above water and sliding head first into debt. Consolidation provides credit card consumers with an option to combine all of their payments into one. This means one payment, one fee and one annual charge. Do your homework and decide which card gives the best benefit and consolidate the others under the card that has the lowest overall fees and payment. A simple step such as consolidation is often the advantage some need to avoid bankruptcy due to credit card debt.


lrhall41

Submitted by missym1700 on Fri, 06/04/2010 - 04:08

( Posts: 7 | Credits: )


Dear Missy,
just wanted to update a little. Missy...my husband ran up so much debt and our Heloc...that no amount of consolidation would help us! So, I decided to pay off my debt and debt we held in both of our names (credit card debt that my husband used) and let him "settle" his. I borrowed from family to pay off my debt in full and his 'settled" debt. So, I don't know how my credit will fare, but I paid my accounts in full....my cards were all 120 days late because I was going to file bankruptcy so my credit score is around 530 after many years around 800. His credit is totally trashed. Hopefully, mine will rebound quicker than if I filed BK.....I have late and closed accounts....My husband on the other hand will probably have greater problems.
I can only pray that i made the right decision......it has been a journey!!!


lrhall41

Submitted by anonymous on Mon, 06/21/2010 - 13:58

( Posts: 202330 | Credits: )