Jo Ann LeQuang asked:

a great deal of misinformation online about debt and debt solutions. It’s not so much deliberate falsification as a blurring of terminology. This may sound pretty academic after all, who cares how terms like debt consolidation or debt settlement or debt negotiation are defined if they all get me the desired result?

The fact is that you need to know all about these things in order to choose the right option for your situation. Picking the wrong one can cost you money (the last thing you need right now), hurt your credit, and keep you stuck in debt. Picking the right one can get you out of debt.

Let’s start with the one not on the list: bankruptcy. Believe it or not, Americans have a Constitutional right to go bankrupt.

Bankruptcy is a legal proceeding. You can’t declare bankruptcy in the U.S. without getting a lawyer and judge involved. The proceeding becomes part of public record. Bankruptcy is extremely intrusive in that outsiders will now determine how your money will be divided up to pay off debt and what you must sell.

Bankruptcy offers an advantage many debtors really love. A court has the power to issue “bankruptcy protection.” You may be allowed to write off certain debts. That means some debts just go away; you are no longer obligated to pay them. Furthermore, once you have “bankruptcy protection,” bill collectors can no longer pursue you for those debts.

The problem with bankruptcy is that it all but ruins your credit. It stays on your credit report for seven years, and it has a way of cropping up even after that. It makes it very tough to get new loans or buy a house. The loans you will be able to get will be at very high rates of interest because you’ve suddenly become a high-risk borrower.

Bankruptcy will turn your life upside down. If you have secured loans (like car notes or loans to buy electronic equipment), those things can be repossessed. The court may seize or order you to sell certain assets and take the money to pay off other debts. You will be required to go to classes to learn to manage money better, sort of like financial rehab.

While bankruptcy does have its place, it is definitely the “last resort.”

Debt settlement and debt negotiation mean roughly the same thing: you or somebody representing you sits down and talks to your creditors to work out a solution.

The principle is that you work out (negotiate) a way to end (settle) your debt. You may be able to get the interest rate reduced or the terms of payment changed (such as getting a couple of months off or extending the terms of the loan). Sometimes you negotiate to try to get the balance reduced. As an example, assume you owe $10,000. You would negotiate with your creditor to try to get him to accept less, say $5,000, and mark the debt paid in full.

Why would anyone do that? The main reason a creditor will negotiate a debt is that they suspect you are flirting with bankruptcy and they are fearful that if you go bankrupt, they won’t get anything. From their viewpoint, $5,000 may be better than nothing.

Debt settlement and negotiation plans will almost assuredly make it all but impossible to get future loans at reasonable interest (if at all).

A debt management plan (DMP) is a formal plan where you hand your problem off to a company which then negotiates your debt. You make one monthly payment to the DMP and they handle your problem.

While there are legitimate DMP programs out there, these are very treacherous waters. Do your homework and check with the Better Business Bureau as well as a certified credit counselor (nfcc.org) and maybe your bank or credit union. There are programs out there that are outright frauds and a few that are not dishonest but not exactly advantageous to the customer.

The last approach is something called debt consolidation. Ironically, many debt settlement, debt management plans, and debt negotiation companies will call their programs “debt consolidation.” That is not inaccurate, but it’s a bit misleading.

Debt consolidation simply means lumping all your debts together. In one way, that is what all debt plans do at first, whether it’s bankruptcy, a DMP, or some other program.

But pure debt consolidation involves lumping your debts together and then taking out one big loan to pay them off.

Why would anyone do that?

If you have a lot of high-interest loans, you may be able to take out lower-interest loans to pay them off. For instance, if you owe $10,000 at 22% on a credit card and you can borrow $10,000 at 10% from your bank, you would be smart to borrow $10,000 at 10% and pay off the credit card. You still owe $10,000, but you owe it at less than half the interest rate. If you keep making the same payments, you’ll pay the debt off much sooner.

If you own a house and can refinance it or get a home equity loan or second mortgage, you can use that to consolidate your debt. Let’s say all of your debts together came to $100,000 and you owed them at varying interest rates from 22% down to 10%. If you own a house and take out a second mortgage (or use another refinancing option), you can borrow $100,000 and pay off all of your debt. You can structure this second mortgage as a 30-year loan and probably get it at 7% or even lower. Now your monthly payment is significantly lower and your many loans are paid off.

Debt consolidation offers a lot of advantages. (That’s why so many programs like to call themselves debt consolidation!)

It is the only debt solution that can actually help your credit score (your credit score goes up whenever you pay off loans in full). If you are willing to take the time to learn a few things, you can do it yourself (no fees or other people to pay). It’s not intrusive; in fact, if done properly, no one would ever guess you did it. Even if your bank or a lender figured it outthey would probably think you’re smart to handle your debt that way.

If you can figure out how to do a pure debt consolidation on your own, you don’t need to bother with hiring a company (or a lawyer), entering financial rehab, or paying off agents to “manage” your money.

In the interest of fair disclosure, however, it must be stated that debt consolidation in its pure form will not work for everyone. Some people will not qualify for it. There are others who might indeed qualify for debt consolidation, but will find another plan is more to their advantage. It’s important to learn what you can to find out if debt consolidation is right for you.

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Melissa Kellett asked:


Debt consolidation is not for everyone, there are some debt situations that should not be solved via a debt consolidation program because the benefits that debt consolidation provides are not applicable to every form of debt. Learn how to find out whether you will be able to take advantage of a debt consolidation program or not.

Before contacting a debt consolidation agency you need to make sure that by consolidating your debt you will be improving your financial situation. Otherwise you will need to resort to other forms of credit and debt repair. Since debt consolidation is mainly based on debt negotiation, you have to make sure that the type of debt you have is suitable for this method of debt reduction.

Pre-Payable Debt And Negotiable Debt

In order to be suitable for consolidation debt has to be susceptible of being prepaid and negotiated. This is an important issue because if your debt does not have either of these characteristics, you will not be able to obtain any benefit from a debt consolidation program. Let’s analyze these factors separately first.

When you prepay your debt, you are modifying the repayment schedule by paying part or the full amount of the money owed in advance. According to the contract, debt can assume three forms when it comes to prepaying: Prepaying can be authorized either explicitly or implicitly (if the contract says nothing about the issue), prepaying can be authorized but penalized with a prepaying penalty fee or prepaying can be forbidden. If prepaying your debt is forbidden the only form of debt consolidation available is negotiation and resorting to a debt consolidation loan is not feasible. If there are penalty fees, you need to ponder the fees in order to see if consolidation would be to your advantage or not (you may end up paying even more).

By negotiating your debt, you agree with your creditors new terms for repaying your loans and other forms of debt. Not all debts are negotiable and non-negotiable debt cannot be consolidated unless you can repay the debt in full (by means of a debt consolidation loan). Generally speaking, secure debt is non negotiable. This is due to the fact that since secured debt provides the lender with a real estate guarantee, he can always recover his money through legal means knowing that his money is protected with the property used as collateral.

Consequences Of Both Characteristics

If your debt is mainly composed of either of these types of debt or worst, a combination of both, chances are that consolidating your debt will became undoable. Non-negotiable debt can be consolidated via a debt consolidation loan (which implies repaying your debt and taking new debt under different terms) if debt is pre-payable. Non pre-payable debt can only be consolidated through debt negotiation as long as it negotiable.

Any non-negotiable and non pre-payable debt becomes an inevitable obstacle against debt consolidation. If a high proportion of your debt falls into this category you will need to consider other options because debt consolidation is not for you. Otherwise, you can both consolidate through debt negotiation or debt consolidation loans and you will be able to reduce your debt and monthly payments.



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Geoff Hibbert asked:


Many people think debt consolidation is the answer to all their financial problems. Just think… you get one loan to pay off all your debts. Then, you only have to deal with one company and one payment. You have to admit, it sounds very good. But not necessarily a key to ending bad debt management.

Getting a debt consolidation loan will not always resolve existing financial problems until or unless one learns how to manage debts properly. Bad debt management can get out of control. It can become additive just like drugs or alcohol. Often, bad debt mismanagement occurs because of lack of understanding. Good debt management advice is therefore essential to recovery

Some blame easy credit as the source of their problems. Although it is easy to obtain easy credit, that does not determine how people choose to spend their money. Financial responsibility and accountability is the path to a debt free life.

Bankruptcy causes more stress, wipes out your credit and haunts you for years to come. With determination, education and application of correct money principles, you can regain control of your financial life and quickly get on the road to a debt free life.

Five debt management keys to success managing ones debt are critical. Debt management teaches you how to handle your personal finances. Here are five important principles to use in learning how to best manage your finances.

Key 1 to overcomming bad debt management

Meet with a good debt management counselorsometimes we cant see the forest for the trees. This idea is particularly true with respect to our personal finances. Getting an outside, objective view of your current financial status is very important.

A good debt management counselor will review your current financial circumstances and help you develop a plan to pay off your debts. You can expect honest and frank feedback. Anything less would not help you.

Your relationship with a debt counselor is important. If you feel at ease in talking, youre more likely to openly discuss your needs and personal problems. However, keep in mind that you probably wont like everything you hear. Nevertheless, when you know he/she has your best interest at heart, youre more likely to follow the advice you get.

You should talk with several different counselors. Learn as much as you can. Find someone that really listens. If possible, talk with someone that has worked with the counselor. Get information on what the counselor has done to help other people. Dont be afraid to ask specific questions: What will the counselor will do? What will you be expected to do? How much it will cost? How long will it take?

Once youve found a good debt management counselor with a proven track record, commit yourself to listening to and applying the advice you receive.

Key 2 to overcomming bad debt management

Make debt reduction as a priority every debt is different. You have different amounts to pay. The interest rates vary. It may not make any difference on how you decide to tackle your debt. The most important point is that you focus on paying off your debt.

Once youve gotten some good advice from a debt management counselor, together you can determine the best way to pay off your debts. You should feel good about your financial plan. Each time you pay off a debt, you will feel better. Each time you pay a debt, you are one step closer to financial freedom.

Make paying off your debts the biggest priority and you will soon be on the road to a debt free life.

Key 3 to overcomming bad debt management

Follow your budget plan one major key to success in debt management is establishing and following a budget. Your budget should allow you enough money to pay your debts and still have your necessary living expenses. The closer you follow your budget, the more likely you will succeed in becoming debt free.

Success comes by consistently paying your debts. If you pay your debts first, then you know exactly how much money you have to live on.

Be sure to record and document each transaction. It doesnt matter what method you use to keep track of your payments. You can write them in a checkbook ledger, put money in envelopes for each budget category or enter each transaction into a computer program. The real key is to know exactly how much you spend in each of your allocated budget categories. When youve spent all the money for a given category, youre done for the month.

Key 4 to overcomming bad debt management

Tear up all your credit cards one of the biggest reasons people accumulate so much debt is the use of credit cards. Its easy to charge something. You dont have to pay cash. Its like the old saying ‘Out of sight, Out of mind’. If you dont see the money going out, youre not as aware of you spending.

Your debt management counselor has many more resources than you do. They can make financial arrangements with your creditors to lower your payments and interest rate. In most cases, you will have to agree not to accumulate any more debt.

Tearing up your credit cards takes away the temptation to increase your debt. Its easy to say something doesnt cost that much, so a little charge here and there wont hurt. Dont deceive yourself. Thats how people get into financial problems in the first place… Get rid of the credit cards. Pay cash or pay nothing.

Key 5 to overcomming bad debt management

Become more conscious of your expenditures when you become acutely aware of where your money goes, you can begin to reduce or eliminate unnecessary expenditures. Youll begin to develop new and improved spending habits. Ask yourself. What is my most expensive bill? Is it heating? Is it air conditioning? Is it water?

Next, become aware of what you do each day. Do you leave the lights on when you leave a room? What do you do when you leave the house for several hours? You may think that turning down the heat or turning up the air doesnt save much. That is true. Nevertheless, if you do it everyday, those little savings begin to add up. Just think of it as your personal savings plan. The less you pay, the more you have to spend in other places.

Small expenditure reductions over time add up to big savings. Become more conscious of where your money is going.

Learning and applying good debt management skills will make all the difference in your life. Once you have paid off your debts, youll be in total control again. Youll never want to repeat the experience again. Say goodbye to bad debt management forever.



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