Not only does a Chapter 13 filing require a long-term commitment and an understanding of the impact on your credit, but it also carries an expense, as the filer must pay the court, the trustee and their attorney. Before you consider attempting a Chapter 13 without an attorney, note that the U.S. Bankruptcy Court instruction packet states that it is “… extremely difficult to succeed in a Chapter 11, 12 or 13 case without an attorney.”
You have a low score, so I’m going to guess you have some charged-off, unpaid or seriously delinquent accounts on your credit report. The damage to your credit score has already happened. What you can do initially is make sure the negatives reported on your credit file are accurate and not out of date. Look over your credit reports, and dispute any negative items that you don’t think are yours or are more than 7 years old. Once you have ensured your history is accurate, you can work on adding new, positive data.
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While many consumers struggle to pay unsecured debts, bankruptcy is a solution intended for the most extreme cases — cases where families cannot get out of debt any other way. If a debtor has the financial means to repay their debts and gain a fresh start on their own, bankruptcy attorneys would likely counsel them on other options, such as meeting with a credit counselor and starting a debt management plan.
Credit scores are calculated from your credit report, which is a record of your credit activity that includes the status of your credit accounts and your history of loan payments. Many financial institutions use credit scores to determine whether an applicant can get a mortgage, auto loan, credit card or other type of credit as well as the interest rate and terms of the credit. Applicants with higher credit scores, which indicate a better credit history, typically qualify for larger loans with lower interest rates and better terms.
If you use the second method — and this if the first time you rehabilitated the student loan — the default associated with the loan will also be removed from your credit reports. Although the late payments associated with the loan will remain for up to seven years from the date of your first late payment, having the default removed could help your score.
The Affinity Secured Visa® Credit Card requires cardholders to join the Affinity FCU. You may qualify through participating organizations, but if you don’t, anyone can join the New Jersey Coalition for Financial Education by making a $5 donation when you fill out your online application. This card has an 12.35% Variable APR, which is one of the lowest rates available for a no annual fee secured card and is nearly half the amount major issuers charge. This is a good rate if you may carry a balance — but try to pay each statement in full.
While it seems to make sense to pay off all of your old delinquent debts, this strategy can sometimes backfire and drop your score further. If a credit account is simply overdue and shows as outstanding debt, paying it off will improve your score – though it won't eradicate the record of late payments. But if you have an old debt on your credit report that has been charged off by the lender – meaning that they do not expect further payments – setting up a new payment plan can re-activate the debt and make it appear to be more current than it actually is. This is often the case with debt that has been turned over to a collection agency. The agency may register the debt with credit bureaus as new rather than reporting it against the written-off debt.
The number of credit accounts you have open is also important to control. Credit cards are easy to get: Almost every store has a quick, convenient way to get you a new card. Attractive incentives, such as big discounts on purchases the day you sign up, add to the temptation. If you shop in that store often, it may be worth getting its card; otherwise, resist the urge.
With a balance transfer, you move your existing credit card debts onto a new card. Depending on your credit score, you may be able to qualify for a balance transfer card that doesn't charge any interest for an introductory period that can be up to a year or more. Yep—zero interest. The average credit card interest rate these days is nearly 13%. Having a year or more where you're charged little to no interest gives you the opportunity to use every available dollar to pay down the balance.
Here’s a good example of when a reputable credit repair service can help you do something you may not be able to accomplish yourself. If you have a collection account that’s been sold to a few different debt collectors, it may appear on your credit report multiple times. That information is accurate but having that one debt dinging your credit score multiple times may not meet the “fair” standard Padawer mentioned.
If you are unable to qualify for a balance transfer deal or personal loan that makes financial sense, and you prefer to not touch any of your assets, you may want to set up a chat with a reputable credit counseling firm to see if you are a good candidate for a Debt Management Plan (DMP). A DMP can make it easier for you to pay your credit card bills, but it will likely have a negative impact on your credit score.
The payment amount and duration are not based on what it would take to pay off the full amount of the debt, but are instead based on calculations determined by the income of the filer, their discretionary income, their assets and their debt. Instead of forcing the debtor to tackle the full amount of their current debt at its current interest rates, Chapter 13 gives a debtor the opportunity to pay off a percentage of the debt based on what they can afford to pay over a three- to five-year period.
The exact number of points anyone’s credit score may drop for negative credit behaviors or improve with positive behaviors varies because everyone’s credit file is made up of a different combination of several factors. For example, the higher your score to begin with, the steeper the drop for any negative credit behaviors and with a lower starting score you may see more of a score increase for positive credit behaviors.
You also may not want to close your old credit cards, as this can potentially ding your credit scores as well. By keeping your old credit cards open, you will not lower your credit utilization. Your credit utilization counts toward 30% of your credit score, and that’s why it’s important to keep that ratio low — under 30% and, optimally, less than 10% of your credit limits, overall and on individual cards.
Once your cards and debts are paid off, will you cancel the credit cards? Sure, you get credit cards with zero balances and no bills out of the loan, but one of the biggest problems with debt consolidation loans is that they do nothing to change the behaviors that got you into debt in the first place. Instead, they add another creditor to your pile, and fan the flames of going into debt to pay off more debt. If you even think you might be tempted to use those cards again after paying them off, or if you're using debt consolidation as an easy out or way to avoid really looking at your budget, it's not right for you. The last thing you want is to take out a loan, pay off your cards, and then charge up your cards again—now you've done nothing but dig your hole twice as deep.
The most important factor when it comes to one’s credit score is their credit payment history. What this means is, are you making on-time payments, have you ever missed a payment, and are you delinquent on any payments? Putting these numbers into practice, one missed payment can impact over 35% of your entire credit score. On our website, we discuss how, in some circumstances, this can be detrimental, leading to up to 100-point credit score drops.
For secured debts, the value of the underlying collateral must be paid to those lenders, which can also increase your overall debt burden under the plan. And because the debts take several years to be discharged, the debtor is expected to maintain payments during that time. If they cannot, then they may find their filing dismissed and collections and foreclosure procedures restarting.
Most employer-provided retirement plans permit participants to borrow from their own savings. Since it's your money, there's no credit check or qualifying hoops to jump through. You can generally borrow up to half of your vested retirement balance, up to $50,000. The interest rate may be one or two percentage points higher than the Prime Rate, which recently was around 4%. You usually have up to five years to pay back money used for consolidating credit card debt. Miss that deadline and you may owe income tax and potentially a 10% fee on the remaining balance.
If you’re unable to pay all of your bills on time, “cushion the blow to your credit score by defaulting on just one account. There is a component in the FICO score called 'prevalence,'" says John Ulzheimer, president of consumer education at SmartCredit.com. "That means having five collections is worse than having one." He recommends that you “let the account with the highest monthly payment fall behind to free up more money every month to pay your other debt obligations.”
If a collector contacts you, they could be breaking the law as they try to get you to repay debts. Rheingold said one common fraud is debt collection companies buying past-due debt for extremely low prices at “debt auctions” and then trying to collect it. Often, the debt collection company only has a little information about the debtor and no information about the actual debt. If you don’t pay, however, they may try to take you to court.
If you are struggling to pay off multiple credit cards, consolidating your debt may allow you to reduce your interest rates and lower your monthly payment. However, a lower monthly payment can mean a longer repayment term and more interest paid over the life of the loan. Whether you should consolidate your credit card debt depends on your individual circumstances and the terms of the consolidation.
The next option is to ignore your debt. Collection accounts fall off your credit report after seven years. At that point, the delinquency stops affecting your credit. The catch? Your credit suffers tremendously in the meantime, and since you’re still legally obligated to pay the debt, a debt collector can pursue you until the statute of limitations runs out in the state where you live.