Debt settlement allows borrowers to pay off debts at a fraction of the debts\’ value. Borrowers can attempt to settle debts on their own or enlist representation from a company. If settling does not work, they can file for bankruptcy or create a consumer proposal.

Settlement comes with consequences. The proceeding usually appears on a credit report for up to ten years. Also, instead of working with the borrower to settle, the collector may file a lawsuit. The entire process takes an average of two years. Most importantly, the difference between what was owed and what gets paid counts as income. This income is taxable at a borrower\’s marginal tax rate. Therefore, if a debt amounted to $10,000, but the borrower paid $2,000, then $8,000 counts as income for tax purposes.

Working with a settlement company has advantages and disadvantages. The industry is largely unregulated, so fraud is a very real danger. It costs around fifteen to twenty percent of the amount that you owe. Good companies meet several criteria. They never promise results. They display written policies and procedures. Many good companies are members of the Better Business Bureau or TASC, The Association of Settlement Companies. Without exception, they fully disclose all fees.

A good company also never keeps directly handles money. They do not take money from the borrower to keep in escrow. Instead, they require the borrower to save and pay the settlement directly. In addition, good companies charge fees based on results. Their counselors do not collect commissions. Many also offer a thirty-day window during which borrowers can recover at least part of the fee if they change their mind.

Sometimes, bankruptcy is a better option than settling. This is particularly true if the borrower has no resources with which to settle the debts. A Chapter 7 bankruptcy usually takes four months to complete. To qualify, the borrower\’s income must be less than the state median. They cannot have filed for bankruptcy in the last seven years. The disadvantages are that a borrower\’s home, car, and assets are placed in jeopardy. However, what can\’t be paid off is discharged.

A Chapter 13 bankruptcy sets up a three to five-year repayment period. The borrower keeps home and vehicles as long as he or she makes the payments. Both types of bankruptcy stay on the credit report for seven to ten years. However, creditors generally look more favorably upon a Chapter 13 bankruptcy.

Bankruptcy trustees can also help with a consumer proposal. Before filing bankruptcy, a borrower can meet with a trustee to set up a proposed payment plan. The proposal is then forwarded to all creditors. Creditors have forty-five days to vote for or against the proposal. Most vote for the proposal because they will recoup at least some money. In a Chapter 7 bankruptcy, they would get nothing. The proposal, once accepted, freezes interest rates, ends wage garnishing, and prohibits lawsuits.

Many options exist for borrowers who find themselves in trouble. Debt settlement, bankruptcy, and consumer proposals all have pros and cons. When in doubt, seek help from a professional.

Author Bio: Offering a FREE no-obligation consultation, Toronto Bankruptcy Trustee experts have been helping Canadians for over 30 years.

Category: Finances
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