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Have 40,000 in Debt and wan to settle in lieu of Bankruptcy

Date: Sat, 03/13/2010 - 12:37

Submitted by deb bie
on Sat, 03/13/2010 - 12:37

Posts: Credits: [Donate]

Total Replies: 2


I owe approximately 40,000 to the following:

Chase $10,500
Chase $10,200
Citi Sears Mastercard $3200
Bank of America $8000
American Express (NCO Collection Agency) $9800
American Express (Nationwide Collection Agency) $1600

My accounts are probably all nearing 5 months of being unpaid.

Will I always have to pay taxes on the forgiven portions of debts?

I am shooting for a 30-50% payoff on each card (basically shooting for them to reduce the balance by 50-70%) Is this realistic and I am better off waiting until they get sold off to a collection agency? The banks I owe money to are listed above (The 2 Amex accts appear to have already been sent over to a collection agency although I think AMEX still technically owns the debt)

Am I better off negoiating with the original creditors or waiting for the debt to be sold to a collection agency?
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Which is the period of time of being unpaid that is the best time to negoiate with the above mentioned creditors?
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Is there ever a time or a bank that you can make a payment of even $50 in order to initiate a debt settlement? Bank of America is offering to settle for about 33% but they first want me to make a small payment on both of my accounts in the amount of $50 each at a branch in order to activate or initiate a debt settlement agreement and that they no longer put the settlement in writing BEFORE a small payment is made because people were taking a settlement in writing and then waiting 6 months to start paying and by that time the debt has increased substantially.
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Any help would be greatly appreciated.


Try settling before bk - it's worth a try. I figure if someone sues me than I'll just file bk, but I'm trying to settle mine first. My understanding on giving them a payment is that it does not initiate a settlement, it's just a ruse to get a payment in. I'm sure someone more knowledgeable about this will comment, but I will not make a payment until I receive the settlement letter. I have a fax so it's not hard to do.


lrhall41

Submitted by on Sat, 03/13/2010 - 20:24

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Well Deb bie, as far as my knowledge is concerned, if your unpaid portion of debt is more than $600, then it's considered as an income by the IRS (Internal Revenue Service).

When a credit card company does their reporting, they would report the unpaid portion to the IRS as a forgiven debt and will send you a Cancellation of Debt Form, 1099-C, for filing your tax return. Now it depends on your situation and also on the amount of forgiven debt that, whether you will pay the taxes or not.

I think you're aiming right and its time to step into negotiations as you are already late by 5 months. But do get things in black & white to avoid any litigation.


lrhall41

Submitted by Chris Samuels on Mon, 03/15/2010 - 00:02

( Posts: 174 | Credits: )