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Consumers these days cannot help but be tempted by companies that are constantly advertising that they can save you 50% on the dollar for the debts that you have.

Debt settlement companies have multiplied like ants over the past few years and although some can get good results for their clients, many are just offering false promises. Some things that they might not tell you or you’ll find in the small print.

Your credit card balances won’t necessarily settle at 50% of what you owe currently. You will continue to get finance charges, late payments, potentially over the credit limit charges etc while you are falling behind on your monthly bills and waiting for a settlement. These charges can add up quickly.

Debt Settlement vs. Bankruptcy

There are a lot of factors to consider when trying to determine whether settling your debts would be more advantageous than filing bankruptcy.

As a Bankruptcy Attorney my first inclination is to say that bankruptcy is usually the better route although it does depend. There are quite a few clients that I have helped and have been successful in negotiating principal on their outstanding debts. The things that I look for in a potential debt settlement client is the ability to pay the debt at a somewhat expedited pace. This is why most people who are broke are not great candidates for debt settlement. If you had trouble meeting your minimum payments, unless you are seeing a fast recovery bankruptcy is probably a better solution. I have seen great success in candidates who have a family member, friend, business colleague etc who will loan them money within 180 days of being behind on there debts.

DEBTS ARISING OUT OF DRUNK DRIVING CASES ARE NOT DISCHARGEABLE UNDER THE BANKRUPTCY CODE

If you have been sued for operating a motor vehicle while under the influence of drugs or alcohol, or another substance as a result of injuring another person, then your debts for this obligation will survive the bankruptcy and not be discharged. Section 523(a)9 of the bankruptcy code excepts from discharge debts from personal injury cases where the debtor was under the influence.
Any kind of willful or malicous conduct by the debtor to another person will not be discharged. Another one that comes up criminal restitution fines, child support orders. These are debts that you will live with after your bankruptcy is discharged, so if these are your reasons for filing, I would advise against it.

1.4 Million People have found their fresh start in 2009 by filing for Bankruptcy. Would you like to experience this peace of mind?

It’s true. Over the last year 1.4 million Americans have sought shelter in the bankruptcy code to renew their fresh start and experience life free from debt collectors, overdue bills, revolving balance transfers, and the stress that comes from living in this cycle of debt.

They’ve made the right decisions for themselves and their families. If you are already behind on bills and have dings against your credit, your credit score has been affected negatively and you are unlikely to get new loans and lines of credit in this economy. You are not alone. More than 10% of credit card holders are far behind on their monthly bills.

Frequently Asked Questions: Debt Consolidation in California
How does debt consolidation affect credit scores?

Initially, it might cause a slight dip due to credit inquiries. However, consistent payments can improve your credit score over time.

What is the difference between debt consolidation and debt settlement?

Debt consolidation involves taking a new loan to pay off debts, while debt settlement is negotiating to pay less than you owe. Settlement can negatively impact your credit score.

What are secured vs. unsecured debt consolidation loans?

Secured loans require collateral (like a house or car), usually with lower interest rates. Unsecured loans don't require collateral but typically have higher rates.

Is debt consolidation right for me?

It depends on your total debt, interest rates, credit score, and payment capability. It's suitable if you can pay off your debt within five years and secure a lower interest rate than your current debts.

Should I consider long-term financial planning?

Yes, debt consolidation should be part of a broader financial strategy including budgeting, cutting expenses, and building an emergency fund.

How do Chapter 7 and Chapter 13 bankruptcies in California differ?

Chapter 7 involves liquidating assets to pay off debts, while Chapter 13 allows debt restructuring over a set period, usually three to five years.

Can my spouse's bank account be garnished for my debt?

Bankruptcy laws offer protections against such actions, but specifics depend on individual cases and state laws.

How can I learn more about my options?

Consulting a California bankruptcy attorney can provide clarity. Firms like The Law Offices of Christopher Hewitt offer free consultations to explore debt relief paths.

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