Key Questions to Consider Before Debt Settlement

August 27, 2010

Struggling with debt and wondering which option is best for you? Depending on your situation, it may be credit counseling, debt settlement or bankruptcy – but how do you know? We recently wrote this blog post on the differences between each option, and today we’ll explore the questions you must ask yourself before entering into debt settlement.

Adapted from an article titled “Key Questions to Consider Before Debt Settlement,” here is some great advice on what you need to think about when considering debt settlement. Of course, you should first make sure the organization is an accredited member of a trusted debt settlement trade organization, like United States Organizations for Bankruptcy Alternatives, to ensure the company is working in your best interests and in an ethical, transparent way.

How Does Debt Settlement Work?

One of the most frequently asked questions is how debt settlement works. In an attempt to regain the money you originally borrowed, your creditor may be willing to negotiate how much is owed. Debt settlement gives you an opportunity to waive interest and fees and reduce the principal amount of  the debt.

Am I a Candidate for Debt Settlement?

Debt settlement is not for everyone. To qualify for debt settlement, you usually must have a minimum debt of ten thousand dollars and unable to meet your current monthly obligations but have enough income to maintain a debt settlement plan. Also, most people don’t realize that secured debt (like automobile loans and mortgages), does not qualify for debt settlement.

Is Debt Settlement the Best Solution for My Financial Situation?

The above requirements are a good start but each individual has a unique financial situation that must be considered. In order for you to determine your suitability, please contact a provider for a thorough review.

Can I Afford to Pay the Settlement Company’s Fee?

Debt settlement is a service that requires a fee. Working with an accredited debt settlement organization will ensure that your fees are in line with industry standards, and that you’ll be given good service in exchange for those fees.

Debt settlement is an excellent option as long as you stay focused on the goal of successfully reducing your debt and follow the advice of the debt reduction company that you hire. In time, with a debt settlement plan in place, you will eventually be able to live debt-free and have more money to invest in your future.


Teens and Credit – A Path to Financial Responsibility or Irresponsibility?

August 24, 2010

As this year’s college freshman navigate their new campuses and courses, they’ll also be presented with offers for free t-shirts, hats, and more, in exchange for a “simple” credit card application. 

At eighteen, teens can legally apply for and be approved for a credit card in their own name.   However, credit can either be a tool for helping teens establish a good financial future, or a path to insurmountable debt.  According to financial expert Dave Ramsey, more than 80% of graduating college seniors have credit card debt before they even have a job – and with the job market as tight as it is today, they may not have a way to repay their debts upon graduation.

But with appropriate education and supervision, credit cards can be a good way to build credit history, which will be essential for teens’ after-college independence.

Check out this great article, “Teach your teen how to handle credit cards,” from MSNMoney.com. Financial reporter Liz Pulliam Weston gives advice to parents with children as young as middle school, emphasizing the importance of financial education and responsibility – the key deterrents to overwhelming debt.

Interest.com has a great five-step education program for parents considering giving their child a credit card. By following these steps, your child can “ease into” having a credit card, so that the financial freedom – and responsibility – is manageable. Read more about the five steps in this article, “The best credit cards for teens.”


Education: A Great Investment

August 20, 2010

U.S. News & World Report just announced its annual list of best colleges and universities. Not surprisingly, the top five were all pricey Ivy League institutions: Harvard, Princeton, Yale, Columbia and Stanford. Without a doubt, these are great educational institutions – but they also bring a hefty price tag with them.

As thousands of students across the country enter college in the coming weeks, and as high school juniors and seniors start thinking about the right higher education institution for them, it’s important to consider several factors before a decision is made. While Harvard and other Ivy League schools are wonderful, they may not be the most practical decision for you and your family when it comes to financial responsibility.

With back-to-school just around the corner, consider the following when choosing the right college for you or your children:

  • Programs Offered: Some degree programs are very specialized and not widely available, so be sure the college you’re considering has the program you’re interested in pursuing. Alternatively, some programs offer certifications or associates degrees at community or technical colleges – a much more budget-friendly option.
  • Student Loans: Borrowing money to attend college is a good investment in your future, but don’t take on more than you can handle. Most loans begin repayment just months after graduation, and in a tough economy, it can be difficult to find a job that enables loan repayment. Be sure to investigate interest rates, terms and repayment options before committing to anything.
  • Alternatives to the “Usual Suspects”: Trade schools, technical schools, apprenticeships and the military are all great alternatives to the “traditional” college experience, offering great on-the-job training and education, without a high cost. The military and even some jobs will reimburse your college tuition after a certain number of years, helping you to avoid debt all together.

The bottom line is this: an investment in an education is considered “good debt,” and it often pays for itself through higher paying jobs and more employment opportunities. No matter your financial situation, no one can ever repossess your education, so spend your time and your money wisely when it comes to choosing a college or university.


Smart Shopping for Back-to-School

August 19, 2010

Across the country, back-to-school shopping is in full swing, with parents scouring the shelves for paper, pencils, notebooks and all the supplies needed to get their kids back to school in style. With the economy down, everyone is looking for ways to “get more with less” and save money wherever possible – especially when it comes to back-to-school shopping. For families with multiple school-aged children, this time of year can be especially stressful, both personally and financially.

Some states offer tax-free weekends, a savings of up to 10% in some states. This is a great way to save some money, but be prepared for long lines and crowded stores. However, the savings could make it all worth it!

Also, opt for the generic-branded items when possible. Crayola crayons are great, but the other wax art supplies work just as well. Remember, when it comes to some products, you’re buying the exact same item, just paying different amounts for the brand name. Shop smart when you can – especially on things that won’t last through the semester.

Finally, check out these great tips on back-to-school shopping from Parenting.com. This sound advice could help save you tons of money this year, and will help keep your budget and financial footing on the right track.


USOBA Supports FTC’s Regulation of Debt Settlement

August 16, 2010

The United States Organizations for Bankruptcy Alternatives (USOBA), the leading trade association for the debt settlement industry, voiced its general support today for the Federal Trade Commission’s (FTC) heightened consumer protection initiatives for the debt settlement industry.

While USOBA does not agree with every provision, there are many points the trade association fully supports. Since its inception, USOBA and its member companies have worked tirelessly to institute protections for vulnerable consumers seeking debt relief assistance. Over the years, USOBA has lobbied consistently for the transparency and disclosure requirements now mandated by the FTC. Many of the transparency and disclosure statutes now required by the FTC are now, and have been, required of all USOBA member companies. In addition, USOBA supports the establishment of “dedicated accounts” for debt repayment, set aside as escrow for each client. 

However, the regulations as announced today by FTC Chairman Jon Leibowitz contain several debilitating restrictions on the debt settlement industry that will have unintended and destructive consequences for both consumers and the industry. 

Prohibiting debt settlement companies from collecting fees for their services until a settlement offer has been accepted and the consumer has made a payment is unreasonable and will not allow the industry to work efficiently and effectively on behalf of the consumer. On average, it takes 22-36 months to receive a settlement offer from creditors – an irrational an unfair deference of payment for the companies providing a much needed service to consumers. As it reads, this ruling will effectively force many good companies out of business, resulting in thousands of lost jobs and limited consumer choice – exactly what Vice President Biden so fervently opposed in his address. 

Every day USOBA member companies help people who are hopelessly behind in credit card and other unsecured debt. The typical individual who seeks help through debt settlement has lost a job, suffered a life changing event such as a serious illness or death or endured other personal calamity. Removing a viable option for debt relief for this consumer would only add to the financial struggles and economic woes of our nation.

The debt settlement industry offers an important middle ground for consumers. When credit counseling isn’t enough but consumers can’t qualify for bankruptcy, debt settlement provides a path to financial freedom. USOBA and its member companies believe the focus of any state or federal regulatory effort should be to protect consumers without limiting their debt relief options. We share the common goal of ensuring all debt settlement organizations operate in an ethical and transparent way that best aides the consumer.


Debt Doesn’t Discriminate

August 9, 2010

Debt – it can happen to anyone. Some think that those who bring in a “certain level” of income are immune to financial hardships, but that simply is not the case. Often times, we hear stories of wealthy individuals or huge corporations filing for bankruptcy because of uncontrollable circumstances or poor financial planning.

In a story released this week by The Guardian, we learned that even royalty isn’t immune to debilitating debt, as Sarah Ferguson, Duchess of York, is considering filing for bankruptcy after years of money woes. The article states that the Duchess is considering a number of ways to manage her personal finances, but has yet to settle on one option:

Ferguson‘s spokesman said she was reluctant to declare herself bankrupt. “There is a number of options open to the duchess, of which bankruptcy is one. But it would be premature to say she is going into bankruptcy as the situation is being managed,” she said.

Many people around the world, no matter their income, are currently weighing their options for dealing with large amounts of debt. While bankruptcy is one alternative, it may not be right for you. Consider credit counseling or debt settlement as alternative to bankruptcy – these options take less time and have a smaller impact on your credit score and history.

Which option is right for you? Check out our blog post titled “Know Your Options When Dealing With Debt” for ideas on dealing with debt.


Legal Experts Warn of Negative Consequences from FTC Regulation of Debt Settlement Industry

August 9, 2010

The Texas Review of Law & Politics published three articles examining the effects of the FTC’s recent ruling that prohibits debt relief companies from collecting advance fees.

The articles, published in the Spring 2010 issue, highlight the significant impact the FTC ruling will have on the debt settlement industry, consumers currently being serviced by debt settlement companies and all debt-burdened consumers.

A brief description of each published article:

  • “Tax-exempt Credit Counseling Organizations and the Future of Debt Settlement Services,” is authored by Ronald D. Kerridge, a partner with K&L Gates LLP, and Robert E. Davis, also a partner with K&L Gates LLP who served as Deputy Assistant Attorney General/Tax/Department of Justice. This paper examines whether consumer credit counseling services, currently set up as not-for-profit entities, can legally make the transition to providing debt settlement services in the event that current providers of such services are largely eliminated; the paper concludes  that such providers will encounter extremely significant legal and regulatory challenges in attempting to meet these consumer needs.

 

  • “The Bear Hug that is Crushing Debt-Burdened Americans: Why Overzealous Regulation of the Debt-Settlement Industry Ultimately Harms the Consumers It Means to Protect,” is authored by Derek S. Witte, tenure-track Associate Professor, Thomas M. Cooley Law School. This paper asserts that DSCs need to be able to recover at least a portion of their costs of rendering services, as they render them. Even if a contingency model were workable, prohibiting DSCs from collecting payment as services are rendered will require consumers who complete the program to subsidize those who don’t complete, but nonetheless obtain value, making it difficult if not impossible for legitimate DSCs to compete with those who are not legitimate, resulting in misaligned incentives for DSCs, and ultimately harming consumers.

 

  • “Hid(ing) Elephants in Mouseholes: The FTC’s Unwarranted Attempt to Regulate the Debt-Relief Services Industry Using Rulemaking Authority Purportedly Granted by the Telemarketing and Consumer Fraud and Abuse Prevention Act,” by Michael Thurman and Michael Mallow, both partners at Loeb & Loeb LLP in Los Angeles. The authors of this article assert that the FTC has engaged in a significant expansion of legislative authority in order to try to regulate the debt settlement industry and that such activism is unwarranted, illegal and risky.

 

About Texas Review of Law & Politics

The Texas Review of Law & Politics publishes thoughtful and intellectually rigorous conservative articles that can serve as blueprints for constructive legal reform. For more information, please visit www.trolp.org.


We Want to Hear From You!

August 5, 2010

Hello there, DealingWithDebtBlog.com followers and readers! We hope you’ve found our content both valuable and insightful, and that you’ve been able to apply it to your lives to achieve financial freedom.

We’ve spent the last few months providing you with commentary on articles about the industry, tips on getting rid of your debt and tools to help you choose the right debt reduction plan for your unique situation. Now, we’d like to hear back from you!

In the comments section, drop us a line about what you’d like to see more of on our blog in the future – we’ll be sure to reply back to your comments, so be sure and check back often!

We appreciate your feedback and look forward to providing you with even more valuable content – thanks again for stopping by!


Boosting Your Credit Score

August 2, 2010

Your credit score is very important. If you’re trying to buy a house or car, rent an apartment or apply for a credit card, lenders will look at your credit score to determine eligibility, interest rates and all other finance terms. The better your score, the better your terms.

In the United States, FICO credit scores range from 300-850, with 723 being the median FICO score of Americans. FICO scores below 600 are considered high risk borrowers, 620 being the dividing line between good and bad, 640 or above being “pretty good,” 650 as average general credit-use behavior, and above 690 or 720 being excellent.

So what can you do to raise your credit score? Paying your bills on time, keeping account balances low and applying for credit only when necessary are great starting points. For additional help, here are six tips from MSN Money:

  • Pay down your credit cards. Paying off your installment loans (mortgage, auto, student, etc.) can help your scores, but typically not as dramatically as paying down — or paying off — revolving accounts such as credit cards.

 

  • Use your cards lightly. Racking up big balances can hurt your scores, regardless of whether you pay your bills in full each month.

 

  • Check your limits. Your scores might be artificially depressed if your lender is showing a lower limit than you’ve actually got. Most credit-card issuers will quickly update this information if you ask.

 

  • Dust off an old card. The older your credit history, the better. But if you stop using your oldest cards, the issuers may stop updating those accounts at the credit bureaus.

 

  • Get some goodwill. If you’ve been a good customer, a lender might agree to simply erase that one late payment from your credit history. You usually have to make the request in writing, and your chances for a “goodwill adjustment” improve the better your record with the company (and the better your credit in general).

 

  • Blitz significant errors. Your credit scores are calculated based on the information in your credit reports, so certain errors there can really cost you. But not everything that’s reported in your files matters to your scores.

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