Charlotte Bankruptcy Blog

Posts containing useful information for anyone considering a North Carolina bankruptcy lawyer.

Bankruptcy And Taxes

Bankruptcy and Taxes

If you are considering filing bankruptcy, you may be interested in determining how income taxes are addressed in a bankruptcy filing. In order to determine how bankruptcy affects taxes, you must know the original due date the taxes came due. From there, you will need to know when you filed the tax return related to that tax debt. With an understanding of these two factors, you can determine the treatment of the debt in a Chapter 7 filing and a Chapter 13 filing.

The Taxes Must Be Three Years Old

Your tax obligation comes due on the date the taxes are due. For example, the taxes due for calendar year 2016 did not come due until April 15th, 2017. That tax debt turns three years old on April 15th, 2020. If you file your bankruptcy prior to April 15th, 2020, the debt will still have priority status. This means in a Chapter 7 the tax debt will survive the bankruptcy. In a Chapter 13, the debt will be paid  in full through your 60 month Chapter 13 plan.

If you file your bankruptcy after April 15th, 2020, the debt loses its status and is lumped in with other general unsecured debts in a Chapter 7 or Chapter 13 filing. In a Chapter 7, this means the debt is discharged in full. In a Chapter 13, a percentage of the debt will be paid just like the remainder of unsecured creditors receive a percentage of their debt through the Chapter 13 plan. Many Chapter 13 plans are set to pay 5 or 10 percent to unsecured creditors, or even less. This can be a tremendous advantage for individuals with heavy tax burdens who are considering bankruptcy. (If you want to read more about Chapter 13 payments, we wrote about them HERE).

Your Tax Return Must Be Filed

If your tax debt is more than three years old, there is a chance it qualifies to be treated as unsecured debt, as discussed above. However, there are a few additional requirements. One of those is that the tax returns related to that tax debt must have been filed at least two years prior to the bankruptcy filing. If you failed to file your own return and the taxing authority filed a “forced return” on your behalf, unfortunately even if that forced filing is more than two years old, it will not qualify for this requirement.

The 240 Day Rule

One last requirement is that the taxing authority must have assessed the tax debt at least 240 years prior to the filing. For example, consider a scenario where you file taxes April 15th of 2017 and owe $5,000.00. That tax debt turns three years old April 15th of 2020. However, if the IRS audits you for 2017 and assesses an additional $10,000 of debt for the 2017 tax year, you will need to wait at least 240 days from the date of the assessment of new taxes in order to have that debt discharged in bankruptcy.

Confused? Don’t Be!

We are here to help. We assess tax debt on a regular basis in our office and you will have confidence about the treatment of your tax debt prior to your bankruptcy filing. If you would like to schedule a consultation you can call us at 704.749.7747 or click HERE to request one. All consultations are free, and you deserve to understand your options regarding bankruptcy and taxes. When it comes to choosing a law firm, we know you have options. We hope you choose Layton Law.

/by

Bankruptcy Is Not A Four Letter Word

, ,

Bankruptcy Is Not A Four Letter Word

Currently, both bankruptcy and Covid-19 are spreading quickly. As we begin to see Fortune 500 companies file for bankruptcy due to Covid-19, it is a great time to remind ourselves that bankruptcy can be viewed as a business decision. In fact, filing bankruptcy is what saves many companies and enables them to thrive in the market post-bankruptcy. It is too early to tell whether companies filing bankruptcy now will bounce back; however, historically we do know that companies like Apple, General Motors, and Hostess all successfully bounced back with the help of a bankruptcy filing.

There are also famous individuals who filed bankruptcy and went on to great success. This was long before bankruptcy and Covid-19, but among them are Walt Disney, Donald Trump, and Abraham Lincoln. These individuals understood that bankruptcy is not  a four letter word. If anything it is more akin to a seven letter word: F-R-E-E-D-O-M. The day you file bankruptcy is the day you play your ace card against oppressive creditors and accumulating debt.

Bankruptcy Is The First Step To Recovery

One common concern regarding a bankruptcy filing is how long it will take you to bounce back from bankruptcy. Truthfully, it is the bankruptcy filing that is the first step in recovery for a business or individual. The bankruptcy filing brushes back creditors and forces them into a plan the company can manage while they continue to conduct business. The same is true of a personal bankruptcy filing.

From the day you file bankruptcy, you get relief from creditors. They are no longer allowed to pursue you for collection of debts, or legal actions against you related to debt. As a result, you can finally breathe again. Your income is no longer being shoveled to creditors whose balances do not seem to move despite significant payments each month. Instead, you can use those funds to pay for the needs of yourself and your family. If you file a Chapter 7 bankruptcy, you will receive a discharge of your debts. If you file a Chapter 13 bankruptcy, you will enter into a re-payment plan which quite often requires you to pay less than 10% to your creditors spread out over a five year period.

As one of our favorite clients said in a recent review of the firm “Chapter 7 and Chapter 13 are just that: Chapters. They are not the entire book!”

Treat It Like A Business Decision

You can choose to view a bankruptcy filing as a business decision—or at least a financial one—for you and your family. Smart business owners put their emotions aside and do what has to be done for the health of the company. Most of our clients realize that bankruptcy is not an emotional experience; however, they do confess that it was their emotions that kept them from filing sooner. Unfortunately, this means months or years of payments to creditors on debts which are ultimately discharged in bankruptcy. If you act quickly, you can avoid spending any additional money on unsecured debt which will be addressed with one bankruptcy fee and one bankruptcy filing.

The bankruptcy court has remained open despite Covid-19, allowing debtors to move forward with their financial recoveries. Most hearings are done over the telephone at this time, which is a great convenience for all parties and a wonderful solution as the courts are busier each month with bankruptcy filings.

Take The Next Step

The next step is simple. Call us to speak with an attorney. The call is free and you deserve to understand your options. We can be reached at 704.749.7747. We are happy to answer questions about bankruptcy and Covid-19. Or, you can click HERE to request a consultation by filling out a very short form.

Watch A Short Video

If you’d like to know a little more about the firm, watch this short one minute Introductory Video by Chris Layton. We know you have choices. We hope you choose Layton Law.

/by

Small Business Bankruptcy

Small Business Bankruptcy

Filing a small business bankruptcy in North Carolina will relieve you of your personal obligations on business debt. Your business entity will still be liable for the debt. As a result, for most small businesses, a Chapter 7 or Chapter 13 combined with a dissolution of the corporate entity, will accomplish your goal of eliminating both personal liability and business liability. After bankruptcy, most small business bankruptcy clients are able to start a new small business under a different name.

Despite what you’ve read about filing business bankruptcy under Chapter 11, our clients often accomplish the same result through a personal bankruptcy by filing a Chapter 7 or Chapter 13 bankruptcy, and dissolving the small business. This saves you thousands of dollars and you are rewarded with the same result– you are free from your obligation under the small business debt.

Personal Liability In Small Business Bankruptcy

When most small business owners take on business debt, they sign as an officer or member of the small business, and then again personally. This guarantees the lender that either the business or the individual will repay the debt. This is why simply dissolving the business will not eliminate the debt from your life—you’re still on the hook personally. This means creditors for the business can come after your personal assets: home, vehicles, savings, etc.

Business Assets and Liabilities

When you file a personal bankruptcy and include business debt, you’ll also need to provide income and loss statements for the business for the year prior to filing. Your Charlotte bankruptcy attorney can assist you with putting these together, if an accountant has not already done so. You’ll also need to list all assets and debts of the business.

Dissolving The Company

Dissolving an LLC or other small business entity eliminates the potential for creditors to pursue the company for debt—the company no longer exists. If you file a personal bankruptcy in combination with the dissolution, you relieve your personal liability. In essence, you’ve filed a small business bankruptcy by filing personally. If there are assets of the company which need to be addressed, our firm can assist with contacting creditors in compliance with The North Carolina Business Corporation Act.

Starting Another Business

Filing a small business bankruptcy does not prevent you from starting a new business. You’ll be subject to the same approval process if you need to take on debt to get the business started, and your personal bankruptcy may be a hurdle from a credit perspective. But entrepreneurs are creative and often find funding outside of traditional means to get new businesses started.

Call today if you have questions about your small business, small business bankruptcy or personal bankruptcy. The consultation is free, and we’re here to help. We can be reached at 704.479.7747. Or, you can click HERE to request a free consultation.

/by

What Happens To My Car In Bankruptcy?

, ,

What Happens To My Car In Bankruptcy?

If you own a car or lease a car, you will need to decide what happens to your car in bankruptcy. You have the choice to keep your car and the debt associated with it, or you can choose to surrender the car in bankruptcy. This means the car goes back to the lender, and the debt goes with it. There are one or two exceptions, which we will address. In summary, you can either keep the car and the debt, or ‘get rid of’ the car and get rid of (discharge) the debt.

How Can I Keep My Car In Bankruptcy?

If you want to keep the car in Chapter 7, you will need to be current on payments by the date of your 341 meeting. You will sign a Reaffirmation Agreement with the lender, which will contain the same terms you had prior to the bankruptcy. The reason for the agreement is the filing of your bankruptcy technically relieves you of the obligation to repay the loan; however, if you want to keep the car, you will need to renew the agreement. The Reaffirmation Agreement accomplishes that.

If you want to keep your car in Chapter 13, you can do so. Your interest rate may decrease due to the interest rate set by the bankruptcy court. Additionally, if you have had the vehicle for more than 910 days, you may be able to lower the balance on the loan in Chapter 13, which can be a tremendous benefit.

How Do I Surrender My Car In Bankruptcy?

If you want to surrender the car and the debt, it is easy. We file your bankruptcy and reach out to the car lender to make arrangements for them to pick up the car or have you drop off the car in the alternative.

You Have Options

The upside to addressing a car in bankruptcy is that you have options. Most clients are incredibly happy with the results of bankruptcy including the ability to have flexibility regarding vehicles. The rules of bankruptcy heavily favor the debtor—the person filing—and as a result, if you would like to keep a vehicle while discharging all unsecured debt, it is almost always an option.

Speak With A Bankruptcy Lawyer Today

If you would like to speak with us about what happens to your car in bankruptcy, you can request a free consultation. Just call 704.749.7747 or click HERE to request a time to talk. If you would like to watch a short video from Chris Layton, it may help you make a decision regarding working with us. We know you have choices. We hope you choose Layton Law.

/by

Attorney Introduction Video

, ,

Hello, I’m Chris Layton and I’m a personal injury and bankruptcy attorney in Charlotte, North Carolina. Our firm has built a reputation for effective representation for our clients, combined with a very personalized experience for the client throughout the process.

When you work with The Layton Law Firm, you’ll get to know your paralegal and your attorney, and you’ll stay informed as your case progresses and develops.

When deciding which law firm to hire for your personal injury or bankruptcy, we know it’s an important decision. If you would like a consultation to discuss your legal questions, we’re here to help. All consultations are absolutely free and can be done over the phone or in person. You can request one by calling us or by requesting one through our website. Answering questions is part of our job and we’re happy to do it. That’s true even if you don’t end up moving forward with our firm.

We know you have choices. We hope you choose Layton Law.

/by

When Does Bankruptcy Fall Off Your Credit Report?

, ,

When Does Bankruptcy Fall Off Your Credit Report?

This is a great question and shows an eye toward the future. The good news is that you will be extended credit much sooner than the date by which the bankruptcy will fall off your credit report. In this article, we will touch base on the timeline for when bankruptcy falls off your credit report, and also try to give some indicators as to when you can expect to be extended credit after filing bankruptcy.

Your Filing Date and Chapter Filed

If you filed Chapter 7, it will be 10 years after the filing date before the bankruptcy falls off your credit report. If you file Chapter 13 it will be 7 years after the filing date of your bankruptcy. One thing that may affect this timeline is your original delinquency date on the debt. If an account was delinquent upon filing, it will be deleted from your credit report seven years from the original delinquency date. It is noteworthy that filing bankruptcy does not extend the original delinquency date or change the date by which the account will remain on the credit report, per an article by Experian.

When Can I Get Credit Again?

The desire to know when you will be able to get credit again makes sense. We know you’re interested in getting credit after bankruptcy because you have a goal of rebuilding your credit score. If you filed a Chapter 7, you will typically be able to get credit again about three months after your discharge is entered. Interest rates will be high but if your goal is to build your credit score, you should focus on charging some items each month and paying the balance each month. This way, you are not paying interest.

If you filed Chapter 13, it will be about three to five years from the date of your filing. This makes sense, as Chapter 13 is typically a 36 or 60-month plan. Many of our clients qualify for new automobiles and refinances during an active Chapter 13. Hopefully, this helps to demonstrate that you will continue to have access to credit even after filing bankruptcy.

When Can I Qualify For A Mortgage After Filing Bankruptcy?

According to Realtor.com, you will need to wait two years after bankruptcy in order to qualify for mortgage lending. This matches with what we see over and over from our clients as well. Consider what an amazing solution this is—you file your bankruptcy, receive a discharge of thousands of dollars of debt, and two years later you are back in the home purchasing market. This gives us and our clients tremendous excitement for the future as we work together to prepare their bankruptcy filing.

Speak With A Bankruptcy Lawyer Today

As you can see, even if your focus is when bankruptcy falls off of your credit, the truth is you will have access to credit much sooner than the number of years it takes for bankruptcy to no longer show on your credit report.

If you’d like to speak with an attorney about filing bankruptcy, call us at 704.749.7747 or click HERE to request a consultation. If you’d like to hear a little bit more about our firm, you can watch Chris Layton in a one-minute introduction video. We know you have choices. We hope you choose Layton Law.

/by

Bankruptcy And Keeping Your Home

, ,

Bankruptcy And Keeping Your Home

If you are considering filing bankruptcy with the goal of keeping your home, there is good news. There are numerous ways in which you can keep a home in bankruptcy even when you have equity in that home. You can also prevent a foreclosure with a Chapter 13 bankruptcy, and we have written more extensively about that in our article Emergency Bankruptcy To Stop Foreclosure.

The Homestead Exemption

Under N.C. Gen. Stat. sec. 1C-1601(a)(1), you can exempt up to $35,000.00 in equity of any real or personal property used as a residence. If you own the property with your spouse, this amount doubles to $70,000.00. Your equity is generally calculated as your fair market value minus obligations (mortgages). While there are costs of sale to be considered as well, the bankruptcy court is most interested in the sales value minus the amounts owed on the mortgage(s).

As part of pre-bankruptcy planning, you will want to have a real estate broker give you a written opinion as to what they think your home would sell for. Most real estate agents provide this service free of charge, and it will be used as evidence as to the value of the home, when the bankruptcy case is filed.

Tenancy By The Entirety

Another way for keeping your home in bankruptcy is by utilizing Tenancy By The Entirety to protect your equity. You have a Tenancy By The Entirety when you purchase property in North Carolina as a married couple, and both of your names appear as Grantees on the deed. Property owned as Tenants By The Entirety is afforded an unlimited exemption except as to joint creditors of both husband and wife.

A common instance when Tenancy By The Entirety is utilized is when one spouse has the majority of debt, and is filing bankruptcy without the other spouse joining in on the filing. Provided the unsecured creditors of the filing spouse are his creditors only—and not joint creditors of both spouses—those creditors will not have access to the equity in the home in a bankruptcy filing.

Unexempt Equity In Bankruptcy

In the event you have ‘too much’ equity to protect all of it in your bankruptcy filing, you are not precluded from filing. You and your attorney will simply have to assess the amount of unexempt equity  and decide whether Chapter 7 or Chapter 13 is the right chapter for you.

If you have unexempt equity in a Chapter 7 and you want to keep your home in bankruptcy, you will need to be prepared to pay the Trustee the amount of unexempt equity, or some negotiated amount based on the unexempt equity. This is not an option for all individuals, but it is worth noting the Trustee will typically allow a six to nine month repayment period in such instances.

It is not uncommon to move forward with a Chapter 7 despite having a small amount of unexempt equity. Your bankruptcy lawyer will prepare you for the negotiation with the Trustee and make sure your expectations are in alignment with the rules of bankruptcy.

The Chapter 13 Equity Option

If you have a significant amount of unexempt equity in your home, and you are unable to pay the Trustee over a six month period, you can certainly consider filing Chapter 13. In a Chapter 13, so long as you pay the court the unexempt equity over a five year (60 month) period, you have met your burden to unsecured creditors and the home is yours to keep. We have written more about Chapter 13 payment calculations in our article How Much Will My Chapter 13 Payment Be? Your unexempt equity is only one factor which will ultimately determine your monthly Chapter 13 payment.

Speak With A Bankruptcy Lawyer Today

If you are considering filing bankruptcy and you are concerned with whether you will be able to keep your home, we’re here to help. You can call us at 704.749.7747, or click HERE for a free consultation. If you’d like to meet Chris Layton, you can watch a one minute introduction video to see if you might want to work with us. We know you have choices. We hope you choose Layton Law.

/by

How Does Debt Settlement Affect Your Credit?

How Does Debt Settlement Affect Your Credit?

Yes, settling debt will affect your credit score. Before deciding to settle a debt, you should consider the pros and cons. Once you have a clear understanding of how settling debt will affect your credit score, you can make a decision.

After weighing the options, most of our clients still decide to move forward with settling their debts, as compared to not settling them. Additionally, many clients who thought they wanted to settle debts decide instead to file bankruptcy, as the cost savings outweigh the credit concerns. We are here to provide guidance and help you make a decision that will remove the threat of creditors and provide you with financial peace of mind and prosperity as you move forward.

Debt Settlement Or Not Paying At All

From a credit perspective, settling debt is more favorable than not paying on the debt. While the settled debt will appear as a zero balance on your credit report, a settled debt is still a negative on your credit report as compared to paying the debt in full. Alternatively, a settled debt is better for your credit report than a debt that has been ignored and not paid on time.

Prior to settling a debt, most clients have a record of late or missed payments associated with the debt. For settled debts, if you were late on payments prior to settling the debt, that credit history with the settled debt will remain on your credit report for seven years from the original delinquency date. This article from Experian “How To Determine An Original Delinquency Date” may help.

If you had no late or missed payments prior to settling the debt, the settled debt will remain on your credit report for seven years from the date of settlement.

The Cost Of Not Settling

While credit score concerns are valid, part of our job is to help clients clearly see the future ahead. We have been trained our entire lives to fret over our credit score, and for good reason. It’s difficult to buy a house without good credit. Interest rates on unsecured debt and vehicle loans are high when your credit score is low. Lastly, there is a part of us that believes our credit score will never ‘bounce back’ from negative credit reporting. This is simply not true. Your payment history is the most important factor in determining your credit score. If you make payments on time after settling your debts, you can routinely qualify for great credit options within two years of bankruptcy or debt settlement.

Creditors may pursue you for unpaid debts by phone and mail for quite some time. However, things can escalate quickly. An unsecured creditor can take legal action against you by filing a lawsuit for repayment of the debt. Their primary goal in doing so is to establish the validity of the debt and obtain a judgment. Debts that have gone to judgment entitle the creditor to more remedies under the law. These remedies include seizure of assets under a Writ of Execution and forcing the judgement to be paid as part of the sale of real estate.

The Benefits Of Settling

If the debt you wish to settle is valid, other factors need to be considered in addition to how debt settlement affects your credit. Debts can typically be settled for pennies on the dollar if your debt settlement attorney has a strategy for encouraging the creditor to compromise their balance in favor of a lump sum payment. Once settled, the debt no longer poses a constant threat of legal action against you, and your credit starts to recover. The lender stops reporting missed and late payments, and additional fees and penalties are no longer a part of everyday life.

One last concern is your debt to income ratio, which also affects your credit. By settling a debt, your debt to income ratio improves from a credit perspective. Your income hasn’t increased, but your debt has decreased. This makes you a much better credit risk for future lenders and creditors. This is true whether you’re trying to obtain a mortgage or a simple unsecured credit card.

Speak With A Charlotte Debt Settlement Lawyer Today

If you are considering settling a debt and asking yourself “How does debt settlement affect your credit,” you deserve to understand all your options. Sometimes, just one phone call is all it takes to discover you have more control over the situation than you thought.

If you would like to speak with a debt settlement attorney, call us at 704.749.7747 or click HERE to request a phone consultation. Consultations are free and answering questions is part of our job. We are here to help.

/by

Top 10 Reasons To File Bankruptcy

Top 10 Reasons To File Bankruptcy

On the fence about filing bankruptcy? Perhaps these bullet points will help clarify a few aspects of a bankruptcy filing. If a free consultation would help, please request one—we would love to speak with you.

There is a lot of information on the internet. Unfortunately, myths and negative stereotypes can perpetuate a fear around a subject like bankruptcy. The real cost to this is that people who desperately need and deserve it, may not get the head start that bankruptcy provides. We hope the list below helps you make a decision about your finances.

  1. Your financial and emotional well-being are worth more than anything else. When you file bankruptcy, you are restored to a place of sanity. This is true both financially and mentally. Not only will your bank account bounce back, but you will bounce back as an individual. You will feel hope again, and see a bright future ahead for yourself and your family.
  2. You deserve freedom from the chains of unsecured debt. Unsecured debt (credit cards, medical bills, etc.) is debt you owe individually, but which is not attached to your property. As that debt accumulates, the monthly carrying cost of that debt eats into even the most significant income. The result is you end up paying excessive fees and penalties on debt which continues to grow. Bankruptcy allows you to stop moving backward, and immediately leap forward.
  3. You will feel like you’ve been given a raise. We’ve written more extensively about this HERE. When you eliminate the burden of hundreds of dollars a month going to unsecured creditors, it feels like you’ve been given a promotion at work, complete with an increase in pay. All of the sudden, you have money for normal things again—healthcare, car repairs, family outings, and gifts for friends and loved ones.
  4. You can save your home with bankruptcy. By filing Chapter 7 you can relieve yourself of the burden of paying unsecured debt, which allows you to focus on your mortgage. Or, if you’re facing foreclosure, you can file Chapter 13 to force the lender to give you time to catch up on your mortgage payments.
  5. Old tax debt will be addressed. The rules regarding tax debt require an analysis of each particular case; however, there are a few general rules. If your tax debt is three years old or older, and you filed your tax returns on time, bankruptcy will eliminate that tax debt. If your tax debt is more recent than three years old, you can still choose to file a Chapter 13 and pay the debt on a 5 year plan instead of being forced to repay at the IRS or Depart of Revenue’s pace.
  6. You can keep your car and home in bankruptcy. Our firm will analyze your finances with you, and help you determine If you can file bankruptcy and keep your home and cars. This depends on the available bankruptcy exemptions. In almost all cases, our clients are able to do so. In cases where a vehicle loan is older than three years old and the car is worth less than the loan balance, there may even be an option to ‘strip’ the additional loan balance through bankruptcy. This means bankruptcy allows you to keep the car, and only pay on the debt to the extent of the blue book value of the car.
  7. The process is easy. Our firm will help you gather the documentation you need in order to file a successful bankruptcy. The filing is done electronically through the federal bankruptcy court website, and you will attend one hearing with your attorney. There are rarely surprises, and most hearings take five minutes or less. That’s it. Five minutes answering basic questions about assets and income.
  8. Nobody else will know about it. Well, for the most part. The fact is, the bankruptcy filing is public record. However, even attorneys have to perform a special search at the courthouse or have electronic access to the bankruptcy court records in order to find out if you have filed bankruptcy. Unless they are creditors, or you are co-debtors together, your friends, family and neighbors have no reason to know you filed.
  9. Your credit score will recover much faster than you think. We have written extensively about credit scores over the years. We have also stayed in touch with our clients after bankruptcy. We are amazed and pleased at the stories our clients tell us after bankruptcy. Clients leave the bankruptcy hearing excited to start a new financial life. Six months to a year later, they report back to us how wonderfully things are going for them. Quite often, two years after filing, they call our office to tell us they are buying a new home and their mortgage broker needs one document from us. Your life after bankruptcy is exciting again.
  10. It is a smart ‘business’ decision. Setting your emotions aside and making the smartest financial decision for yourself and your family will change your life. View it as a financial decision. Your bankruptcy filing is an investment in yourself and your family. And it is one that begins to pay off immediately.

Speak With A Charlotte Bankruptcy Lawyer Today

If you would like to speak with a bankruptcy lawyer who cares about your financial future, call us. You can reach us at 704.749.7747. Or, you can click HERE for a free consultation—just tell us when you would like us to reach out to you. With each step you take, you are one step closer to financial freedom.

/by

Debt Consolidation For Credit Cards

, , ,

Debt Consolidation For Credit Cards

If you are considering debt consolidation for credit cards, you need to read this blog post. First, it is important to know there are a few ways to consolidate your credit card debt. Each program being offered will be different. In any case, first, we will quickly go over the different types of debt consolidation, and then discuss a few pitfalls and other options.

Types Of Credit Card Debt Consolidation

Balance Transfer – When you do a balance transfer you are essentially transferring several credit card balances to one credit card. It could be due to a low introductory rate, or some other special terms, which are more favorable than the prior card or cards.

Debt Consolidation Loan – Some banks will offer you a loan that you can use to pay off your credit card debts. You will be left with one balance on the loan, and usually at a lower interest rate than the credit cards you paid off.

Debt Management Program – This is the most traditional form of debt consolidation. In this instance, you work with a credit management company. They establish a payment structure for you and a timeframe. The credit management company negotiates with your creditors to lower your balances. Usually, the negotiated amount is contingent upon you completing the consolidation plan.

Three Common Pitfalls To Credit Card Debt Consolidation

Fees And Costs – Whether the fees come in the form of high interest or third-party fees charged by your credit card management company, it is important to understand what fees you are being charged. The lengthy contracts consolidation companies provide you with can be difficult to sort through. The point is you are paying for a service. You are entitled to know how much the service is costing you. This way, you can comparison shop and set your bottom line for how much it is costing to eliminate your debt.

Dropping Out Of The Consolidation Program –

Many debt consolidation agreements are contingent upon your completion of the term. The term may be for three or more years. During that timeframe, anything could happen which might prevent you from being able to make your payment on time. You want to be aware of the penalty for late or missed payments, and get confirmation that you will not lose the progress you made along the way by making consistent on-time payments in the program.

Worrying Too Much About Your Credit Score –

It is important to be concerned about your credit score. You should think carefully before spending thousands of additional dollars for the sole purpose of sparing a few credit score points. As a bankruptcy attorney, I speak with clients every day who are worried about their credit score. I do my best to help them see the full picture. Often, those clients already have a reliable vehicle and own a home. If that is the case, I encourage them to look at the upside to eliminating the debt—no matter how they choose to do it—instead of obsessing over how it will affect their credit score.

What Other Options Are There?

Bankruptcy is worth considering. Both Chapter 13 and Chapter 7 are options in consumer bankruptcy. Every bankruptcy attorney I know in Charlotte, North Carolina will give you an honest answer as to whether you should file bankruptcy or not. This means you should consider having a free consultation with a bankruptcy lawyer to make sure you understand the cost of bankruptcy versus the cost of debt consolidation. If a client can eliminate $25,000 of unsecured debt by filing bankruptcy for under $3,000, it is going to be difficult to justify a debt consolidation program that charges $525 a month for 36 months.

Debt settlement is another option. Because we are a bankruptcy law firm, we obtain good results for clients attempting to settle the debt. When you are settling a debt with a creditor, you are proposing to pay them a small portion of the debt in 90 days or less, in exchange for forgiveness of the remainder of the debt. To accomplish this, you must have access to a lump sum of money to pay the creditor. It is not uncommon to receive a dramatic reduction from the outstanding balance in exchange for timely payment of a small percentage of the debt. In a prior post, we have discussed how a debt settlement affects your credit score.

Speak With A Bankruptcy Lawyer Today

If you are considering consolidating credit card debt, you deserve to understand all your options. We would be happy to discuss bankruptcy, debt settlement, and credit card consolidation with you. Then, we can help you make the decision that will work best for you. Sometimes, just one phone call is all it takes to discover you have more control over the situation than you thought.

If you would like to speak with a bankruptcy attorney, call us at 704.749.7747 or click HERE to request a phone consultation. Consultations are free and answering questions is part of our job. We are here to help.

/by