Many people often wonder what the benefits of a Chapter 13 bankruptcy are over debt settlement. It does sound very enticing when a debt settlement firm offers to reduce your debt by up to 40 to 50% rather than paying back all or most of your debt in a Chapter 13 bankruptcy. Many of our clients ask why they should bother with bankruptcy when debt negotiation or settlement is such an enticing option.
Debt Negotiation – Pros |
Chapter 13 – Pros |
- Can reduce the amount of debt you pay back.
- A negotiator or agency handles most collection attempts and communication for you.
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- Guaranteed to be out of debt within 5 years.
- May be required to pay back 0-100% of unsecured debt based on income/household circumstances.
- Creditors that do not file a proof of claim before the deadline do not get paid. This debt is then discharged which can potentially save debtors thousands.
- Automatic stay protection – stops lawsuits, garnishments, foreclosures.
- All collection attempts stop during the bankruptcy. The trustee makes payments on your behalf.
- Debt that has been discharged in a Chapter 13 bankruptcy is not taxed as additional income.
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Debt Negotiation – Cons |
Chapter 13 – Cons |
- Savings from debt negotiation is considered income in the eyes of the IRS and Franchise tax board. This can result in an unexpected tax bill.
- While debts are being negotiated there is still a negative impact to your credit score.
- Creditors can still sue you while you are in debt negotiation.
- Debt negotiation and settlement companies take a percentage of your savings as their fee for their services.
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- Chapter 13 stays on your credit report for 7 years.
- You must obtain authorization from the trustee to incur new debt when considering purchasing a home or vehicle while in bankruptcy.
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For more information, contact your Fairfield bankruptcy attorney at 707-385-0422.
Categorized in: Chapter 13