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Debt Settlement vs. Bankruptcy
Filed under DebtDec 7A recessed economy and bursting of the real estate bubble have pushed borrowers to the point where they can no longer keep up with payments on their credit cards and consumer debt. For those searching for solutions, the decision often comes down to choosing between a variety of debt relief options. The options include debt counseling, debt consolidation, bankruptcy, and debt settlement. Of the four, debt settlement and filing bankruptcy have become the most popular of the solutions due to their advantages relating to decreasing current payments and the reductions in outstanding balances of debt.
For consumers, the two most common filings are chapters 7 and 13. Of the two, chapter 7 allows for much better outcomes for filers with steep reductions or outright dismissals of debt. Prior to the overhaul of the bankruptcy code in 2005 chapter 7’s were immensely popular for just that reason. Since the overhaul, the choice of which of the two chapters would be available to the consumer is decided by the court depending on the outcome of a means test which is the required first step in any bankruptcy filing. The means test is essentially an evaluation of the filer’s income and expenses which is then set against debt redemption standards as set by the IRS. Measured against the IRS standards, if the borrower falls short of income guidelines he can then file for bankruptcy under the auspices of chapter 7. The guidelines for qualifying for chapter 7, however, are stringent. If the means test reveals that a borrower can pay even one hundred dollars per month toward debt, the filing will automatically go toward a chapter 13 bankruptcy. In either situation, the borrowers are required to get credit counseling and budget analysis at their own expense.
Chapter 13, while providing some relief on current payments, is not nearly as consumer friendly as chapter 7 and carries disadvantages that convince many borrowers that the option is just not for them. The biggest disadvantage is that once the terms of the filing are set, a borrower’s finances can be overseen by a trustee of the court. The invasiveness of having an outsider involved in day to day or monthly budgeting becomes an immediate deal killer and typically turns the borrower toward debt settlement.
Debt settlement, also known as debt negotiation, is a relatively new and aggressive form of debt relief offering many advantages over counseling, consolidation, and bankruptcy. The first and most immediate advantage is an approximate reduction of 50% on payments related to each account rolled into the debt settlement. Accounts which can be rolled into the settlement include credit cards, department store debt, unpaid utilities, medical bills, and other unsecured debt. Other advantages include:
* Being proactive in pursuing a debt settlement can prevent wage garnishments and attachments – Letting creditors know that you’re in a debt settlement process provides assurance they are going to be paid a least some of their money. Creditors are unlikely to initiate any legal action while a settlement is under way.
* Debt elimination – Outstanding balances can be reduced by 40 to 70%, depending on the creditor. On average, the collective accounts in a settlement will be reduced by 50%.
* Added security for secured assets – Reducing payments and eliminating a portion of unsecured debt relieves pressure on secured assets. Debt settlements, for example, are being combined with loan modifications to help homeowners reduce their total payments toward debt and improving the chances of getting approved for new mortgage terms.
* Complete payoff of debt balances – After the debt reduction, payoff schedules are flexible but generally last no longer than 48 months. The same accounts maintained with minimum payments could take over twenty five years to pay off.
* Faster improvement of credit scores – The settlement of accounts allows for borrowers to begin the process of re-building their credit scores faster than bankruptcy which can remain on a credit report for ten years and stay on the public record indefinitely.
Debt settlement/negotiation is becoming increasing popular with struggling consumers because of its advantages over every other form of debt relief including bankruptcy. Consumers should still familiarize themselves with all forms of debt relief before making a decision. The best way to sort through the options is to work with an attorney with experience in all forms of debt relief to determine which will deliver the best outcome. Getting on the road to financial recovery is that simple.
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Why Settlement Loans Aren’t Really Loans
Filed under LoansOct 13When the term settlement loan is thrown around people think of a traditional loan. In reality a settlement loan is not a loan at all. A traditional financial institution or lending company would not issue a loan based on the merit of a pending lawsuit. This is due to the fact that if you lose the case you most likely could not pay back the amount lent to you. This is due to the structure of traditional financial institutions and how to generate revenue.
In fact, a settlement loan is really a settlement loan provider buying interest into your pending case. They are taking the risk that if you win the case they will give little now and gain big later. Settlement loan providers do not require clients to pay back loans if they lose their pending lawsuit. This simple fact alone doesn’t quality settlement loans as an actual loan.
This however is the main reason large interest amounts are attached to settlement loans. This allows the settlement loan provider to be able to handle a certain amount of losses per year and still make a profit. Settlement loan providers will also only accept a case that has good merit and a good chance of winning in the long run. You’ll find that more people are denied settlement loans than are accepted.
You can shop around with different settlement loan providers if one denies you. They all have their own guidelines when it comes to accepting a case for a settlement loan. Shopping around will also allow you to find the best deal. Make sure to ask about any fees and what interest rate the loan will be provided at.
Remember; don’t jump at the first offer provided to you! You’ll be surprised at the difference in fees and interest rates charged per settlement loan provider. Some instances that occur are one will apply for a loan at the beginning of the case and get denied. Then, half way through apply again and get approved. This is because as the case goes on it’s easier to determine if your will be won or not.
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Aug 30
People throughout the country are asking about solutions to their debt problems. One issue people don’t seem to understand is that more money isn’t really a solution to your debt problem. If you think about how you got into your debt problems, you most likely made a fair salary, but overspent by using credit cards and possibly even a personal line of credit. The issue wasn’t that you didn’t have enough money, in essence, it’s an issue of having eyes too big for your stomach. The real issue you need to tackle is how much debt you’ve gotten yourself into.
Debt is almost like cancer; cancer is unnatural growth happening in your body. Debt is unnatural money, money that actually has a minus sign next to it instead of a plus. By that, I mean if you have $20 in your pocket, then you have $20 in your pocket. If you have a credit card with a $20 limit, you not only have to pay back that $20, you also have to pay back the interest. So instead of having $20, you have more like -$24. When you think about debt that way, like it’s a cancer, you begin to realize how people and nations are in such horrible financial circumstances.
Think about your debt problems like someone who is dealing with cancer. Does someone with that kind of sickness need more cancer? Obviously not, but do they need more healthy body? No, what they need is to get rid of the cancer. With debt, your problem lies with the debt itself and the ways you accumulated the debt. Your credit cards, personal lines of credit, medical bills and so forth are causing debt to choke out your finances. Instead of putting money into a high-yield savings account, it’s going towards debt. Instead of spending a little bit of money on a movie, you’re spending it on paying off Visa. Over and over your finances are being choked and your financial future is in jeopardy.
So, how do you deal with your debt problems? Debt settlement companies can help you manage your debt and take care of the thousands in unsecured debt you might have. Debt settlement companies negotiate your debt amount with lenders and creditors, doing their best to negotiate a low settlement amount. This means that a $5,000 credit card debt might turn into a $2,500 debt, or even a $2,000 debt. The first thing you need to do is contact a debt settlement company; then you’ll have to explain your entire situation. It’s easy to ignore your bills, but it might be difficult to sit down and go through your bills to see exactly what kind of debt you’re in. However, if you’re going to deal with your debt, you’re not only going to have to go through your bills, but then you’re going to have to explain your debt problem to a debt settlement expert. Contact a debt settlement expert today and start solving your debt problems.
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Jul 15
Debt negotiation is a relatively new form of debt relief that is gaining popularity for its results in reducing credit card and consumer debt and because the process can also help homeowners avoid foreclosure by making home loan modifications more likely to be approved. There are two schools of thought on the subject; one that focuses on broken settlements, credit scores and direct negotiations while the other centers on the short and long term benefits of the practice. First, the arguments against debt negotiations:
* Broken settlements – A settlement can be broken by either the party executing the negotiation or the customer. True, there have been instances were companies didn’t follow through on their promises to see the negotiation from beginning to end. The percentage of customers involved in those situations has been small and could have been prevented with some due diligence. Many companies have been drawn into the debt relief industry by the sheer numbers of borrowers and their escalating debt starting in the late 90’s. What had started as debt counseling run by a few non-profits mushroomed into an industry populated with thousands of new and inexperienced companies offering services far beyond the scope of the original mandate of assisting indebted customers with their debts Within those thousands of companies were those that didn’t deliver on debt negotiations, counseling, or consolidation. Customers can also break a settlement by not making enough payments to settle the negotiation. Whether by circumstance or intention, some will stop making payments during the 18 to 48 months of the settlement process.
* Credit scores – A debt negotiation will likely decrease the credit score of a borrower that enters a debt negotiation, but it depends on what that score is at the time the process starts. A vast majority of borrowers that start a debt negotiation are already behind on payments and are consequently taking hits on credit scores so the negotiation won’t have as much of an effect. The second issue on credit scores is that the negotiation stays on the report for up to seven years. While that can be true, doing nothing will leave charge-offs and open balances on the report indefinitely. Finalized, settled, and closed accounts are ultimately a much better reflection on a credit report than accounts that appear intended and/or neglected.
* Direct negotiation – Borrowers can initiate direct negotiations and, in fact, may be contacted by their lenders to do so. One problem with going direct is that there are normally several accounts to be negotiated, all of which will need to be done independently. A second issue is that the offers in direct negotiations are usually for lump sums or for payoffs within a few months of agreement. Those types of payments are often unworkable for the borrower, especially if there is more than one lump sum agreement at a time.
The benefits of debt negotiations are as follows:
* Immediate relief – Upon initiation of the debt negotiation, the borrower will immediately experience an approximate reduction of 50% on payment obligations for all accounts involved in the negotiation. Reductions can vary, depending on the borrower’s ability to pay. By making payments in excess of the 50% reduction the borrower may be able to pay off the negotiated balances faster.
* Debt balances cut by 40 to 60% – Depending on the creditor, balances can be negotiated down by 60% or more. For a negotiation covering multiple accounts the average reduction for the total is 50%. Once the negotiated balances have been settled the accounts are considered to be paid in full with no further obligation by the borrower to the lender.
* A wide spectrum of accounts which can be negotiated – A debt negotiation can include credit cards, signature loans, department store debt, unpaid medical bills, unpaid utility bills, and more. This effectively gives the borrower a chance to wipe the slate clean without the disadvantages of filing bankruptcy.
* Paying off all debts within four years – As credit card balances have accumulated for consumers over time, making payments that materially reduce the principle balance has become difficult, if not impossible. For those that can only afford to make minimum payments, a full payoff could take twenty five years or more. Calculated out over that time a borrower would pay many times the actual balance in interest alone. Contrast that scenario with a full payoff of debts over four years or less at approximately half the balance amount and the merits of debt negotiation become very apparent.
* Increased odds of approval for home loan modifications – A debt settlement can enhance an application for a home loan modification by showing a reduction of consumer debt payments which allows for a greater availability of a homeowner’s income toward mortgage payments. In fact, a debt negotiation could be the difference between a successful loan modification and foreclosure.
You will continue to hear pro and con arguments regarding debt negotiations. One thing to keep in mind is that credit counselors have been and still are backed by credit card issuers. When listening or hearing about debt negotiations, always consider the source. If you are contemplating a debt negotiation, be sure to conduct some due diligence before selecting a firm to act on your behalf. Visit the firm and ask enough questions to get comfortable with the partnership. Insist on a law firm experienced in debt negotiations and, if applicable, home loan modifications. Getting back on your feet will take partnering with the right firm and a commitment to seeing the process through to its completion. Take care of those issues, and you’re on your way to financial freedom.
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Legal Debt Settlement Ways
Filed under DebtJun 18Nowadays, debt settlement concerns are becoming famous as more people endure from debt issues. Current economy has made people lose their jobs and they are unable to pay the complete debt amount to the lenders. The debt settlement concerns give certain debt settlement programs and ways to get rid of debt issues legally.
Necessity for Debt settlement companies
People approach debt settlement companies in order to decrease certain proportion of outstanding balance. A debt settlement company works sincerely to discover an effective process to settle with the lenders. Debt settlement process nearly takes 10 to 35 months and debt settlement works to complete the process within that time period. For any sort of issues related to debt, the borrowers are not allowed to contact the lenders directly; instead they need to contact the debt settlement companies. They take care of the debt issues carefully by convincing lenders on debt issues. Complete communication is done via debt settlement companies and they always speak in favor of debtors.
Last year 1 million bankruptcies were filed and lenders got afraid of such bankruptcy. Because of such bankruptcy fear, the lenders started co-operating with the debt settlement companies. Bankruptcy has become a serious problem for lenders to gain revenue for their business. If the consumer files the bankruptcies on the lenders, it becomes difficult for them to get single money and thus lenders start negotiating with the debt settlement company to yield a fruitful result. In this situation a debt Settlement Company can easily eliminate 40-60% of the original balances and settles amount in short period.
Functioning of debt Settlement group
The borrowers should sign the power of attorney and agreement papers for joining the debt settlement group. Then they are asked to pay the allocated deposit amount regularly to the debt settlement account created by the debt settlement concern. This amount is used to repay the lenders once the debt settlement agent completes the negotiation process. Only when the deal is agreeable the debt settlement group transfers the amount to the lenders’ account. This process is followed and gets over till the balance amount is wiped out. Some of the advantages of having debt Settlement services are it help debtors to have financial freedom, to improve credit scores and to become debt free in limited period.
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Best Legitimate Debt Settlement Process
Filed under DebtMay 16Nowadays many people require financial support to start or to run a business. Many people are facing financial crisis in these days and striving to get out from debts. Business people usually get loans and credit cards when they start the business. After few days they start facing trouble in settling the debts. So they sometimes get fed up with their business and become stressed out, develop anxiety and also feel depressed which affects their business as well as their personal life.
Debt settlement is a process of diminishing the debts, credit cards and unsecured loans from the current total amount of debts. There are many debt settlement companies who come forward to help the people who are struggling with their debts, unsecured loans, medical bills, auto reclamation credit cards and many more. It is not that easy to clear all your debts in a short span of time. So, sometimes people find a debt settlement company to reduce their financial debts from 40% to 65%. These debt settlement companies negotiate on behalf of the debtors; they will have a communication between them and the creditors and finally help, to get rid of all the debts.
Still many people are unaware of the problem that they face legally because of their outstanding debts. Creditors may push you into trouble when you are in debt. You may also choose a debt settlement company to symbolize you to your creditors. If you are in a very difficult situation to settle all your debts, debt settlement programs may assist you in a right way to resolve all your debts. It is sensible to use a single credit card to be secured and to avoid unnecessary financial crisis. For a business man it is necessary to plan all his financial needs to live a debt free life. Some people find debt settlement terrifying. They also face difficulty to clear the debt when they are in a bad financial state; hence they get into legal crises.
Every business man must have a financial plan every month to stay away from economic failures. Financial crisis is the ghastly phase in everyone’s life, where they face failure and get depressed. So you must avoid unnecessary financial wants and avoid using many credit cards. You must deliberately check your daily account balance.
Thus clearing all your debts you can live a debt free and stress free life. If all your debts are clear, you can reclaim a peaceful life from depressed state. By choosing a best debt settlement service company you could become debt free in few years and run your business successfully.
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Apr 21
When it comes to motorcycle accidents you’re talking about one of the most serious types of accidents that can occur related to moving vehicles. Motorcycle accidents usually result in very serious injuries if not fatalities. According to the National Center for Statistics & Analysis in 2005 4,553 motorcyclists were killed with an additional 87,000 injured in the United States; these means 5% of all motorcycle accidents result in death. Unlike common belief, less than one forth of all motorcycle accidents aren’t due to negligence of the motorcyclist. Majority of the people involved in motorcycle accidents receive serious injuries and the lawsuits related to motorcycle accidents can take years to reach a verdict.
How does someone injured severely in a motorcycle accident financially support themselves during the long process of their lawsuit? One answer is a lawsuit settlement loan. Lawsuit settlement loan providers understand that a motorcycle accident can leave the motorcyclist severely injured and unable to work; in this same process since they are injured and cannot work it’s impossible for them to keep up with bills; including medical bills, mortgages, car payments, etc. Due to that specific reason many plaintiffs in motorcycle accident lawsuits seek settlement loans to get cash to financial survive during their pending lawsuit.
Your probably wonder, “What is a lawsuit settlement loan?”. It’s really a simple concept; it’s when a settlement loan provider gives you a monetary loan based on your motorcycle accident lawsuit. They review the case and speak with your attorney to see how sound the pending lawsuit is against the defendant and then determine how much money the plaintiff can be loaned. You can specifically ask for a certain amount in a settlement loan, or ask how much money you could be loaned if a lawsuit loan is required. This is a great option for a plaintiff who was seriously injured in a motorcycle accident due to the negligence of another driver.
The absolute best part of a lawsuit settlement loan is the fact it is not really a loan. It is actually a non-recourse debt; this is due to the fact that if you lose your pending lawsuit you are not required to pay back the settlement loan. That’s right, you “ARE NOT” liable to pay back the money they provided you unless you “WIN” your lawsuit. Another interesting fact is your credit history, employment history and income do not play any role in the approve process of a settlement loan. So, if you’re in the middle of a motorcycle accident and need access to cash why not consider a lawsuit settlement loan. You can learn more about lawsuit loans for motorcycle lawsuit cases below.
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Using Settlement Loans to Prevent Bad Credit
Filed under LoansMar 20It’s not uncommon to find a plaintiff in a pending lawsuit that is in serious debt. A lawsuit can take a large financial toll on a plaintiff; especially if the pending lawsuit is related to an injury or accident. This type of situation usually leaves the plaintiff unable to work and in the process of seeking compensation from the defendant in the case. Since US civil court cases can take many months if not years to reach a verdict the plaintiff can get into serious financial trouble. However, there is a solution that plaintiffs can use to prevent serious debt and even bankruptcy; a lawsuit pre-settlement loan.
Plaintiffs looking into a pre settlement lawsuit loan will learn quickly it’s a simple concept, and that it can benefit them throughout their pending case. A settlement loan is basically a loan given to a plaintiff based on the merit of their lawsuit. A lawsuit loan provider will review the current case, speak with your attorney and review past related cases prior to giving the plaintiff any pre settlement funds. Usually the plaintiff can expect a reply within 24 to 72 hours after the application has been submitted.
One of the best features of a settlement loan is the fact it’s a non-recourse debt. This is for the simple fact that the plaintiff is only required to repay the loan if they win their lawsuit. Yes, the plaintiff needs to “win” to pay back the lawsuit loan, if they lose their case they are not required to pay back the original loan. So, this key feature allows plaintiffs to know that in case they lose their case they won’t be in even more debt afterwards with a pre settlement loan.
The approval process of lawsuit loans is pretty straight forward; as explained earlier the provider will review the current case, speak with your attorney and review past related cases. They “do not” need to review your credit history, income status or employment; these factors do not play a role in a settlement loan approval process. You can safely apply knowing the only thing that matters in getting approved is the merit and current status of your lawsuit.
If you do win your pending lawsuit you would be required to pay back the original amount loaned, any fees plus interest on the initial loan amount. Interest rates vary between settlement loan providers and usually are based on the amount of money loaned and the merit of that specific lawsuit. If you’d like to learn more about lawsuit loans or even apply online right now then continue below.
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Feb 25
Lawsuit settlement loans, or also known as settlement loans, pre-settlement loans or lawsuit cash advances are an excellent way for plaintiffs to get cash prior to their lawsuit settlement. Many plaintiffs during a pending lawsuit go through financial hardships. This can be most evident in cases regarding accidents or personal\workplace injuries since the plaintiff is most likely unable to work. Being unable to work can result in medical bills, mortgage payments, car payments and living expensive pile up while the plaintiff no longer has a source of income. This is where a lawsuit settlement loan can save the day and provide the plaintiff with 0% risk.
A lawsuit settlement loan is actually a ZERO risk option for plaintiffs, you’re probably wondering how this is possible; it’s due to the fact that the plaintiff is not required to pay back the lawsuit settlement loan if they don’t win their case. That’s right, if your pending lawsuit reaches a verdict in favor of the defendant you do not pay back one dollar of the lawsuit settlement loan. This is because lawsuit settlement loans are considered non-recourse debts and not actually loans. Since the collateral is your settlement if you don’t reach one you would not be able to pay back the loan. If lawsuit settlement loan providers still required you to pay it back even when you lost it would be considered predatory lending and against the law. With a lawsuit settlement loan you safely can access funds you need to get by while having not having to worry how you’ll pay it back if you lose your case.
Lawsuit settlement loans are also approved differently than traditional loans, the approval process is based on how solid and strong your case is. Lawsuit settlement loan lenders do not review your credit history; in theory you could have the worst credit in the US and it will not affect the approval process. Employment status and income level also do not affect the lawsuit settlement loan approval process. Plaintiffs need to understand that approval for your lawsuit settlement loan is based on your case; not your personal credit and ability to pay back a loan. This allows ANYONE the ability to apply for a lawsuit settlement loan if they have a sound case.
Prior to applying for a lawsuit settlement loan you should discuss it with your attorney. The lawsuit settlement loan providers will be required to speak with your attorney and review specific documents related to your case. Giving your attorney the heads up allows them to have all the proper documents ready and be prepared to answer the lender’s questions. You’ll also want to make sure any agreements with your attorney won’t be broke by applying and accepting a lawsuit settlement loan. Hopefully if you’re facing financial hardship due to a pending lawsuit a lawsuit settlement loan can help you out.
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Five Reason to Apply for a Settlement Loan
Filed under LoansFeb 16This guide is designed to explain the top 5 reasons why someone in a pending lawsuit would want to apply for a settlement loan. A settlement loan is basically a cash advance on a possible settlement amount during a pending lawsuit. A settlement loan provider reviews the probability and merit of winning your current lawsuit and determines if you’re eligible. Below are the top 5 reasons why a settlement loan would be right for you.
#1. Credit checks or Income Amounts Aren’t Required with Settlement Loans.
A settlement loan is a provider or investor buying interest into your pending lawsuit. They provide a specific monetary portion of your estimated awardable amount in return for a specific amount of it and the original amount loaned to you. Since settlement loans are solely based on your case your credit report and current income play no role in the application process.
#2. Your Are Required to Only Pay Back if You Win.
This is the main reason settlement loans aren’t consider traditional loans. If you lose your lawsuit you’re not responsible or obligated to pay back the amount of the settlement loan. You only pay back the amount if you win your lawsuit case; this fact alone makes a settlement loan far better than a traditional loan.
#3. Prevent Early Settlement of Your Pending Lawsuit
You’ll probably not be able to work during your pending lawsuit; income will be unattainable and you’ll be stuck with your current assets. Ethical rules prevent attorneys from loaning their client money, as it might create situations where you’ll feel you’ll need to settle sooner when you really didn’t want to. A settlement loan can provide you with financial support during your pending lawsuit. You won’t feel the stressed to settle your case early; you’ll be able to make all medical payments, auto payments, home mortgage, etc on time and protect your credit history.
#4. Your Not Required to Take Out The Full Amount
You never need to take out the maximum amount allowed in you’re approved settlement loan. Settlement loan providers go as low as $150 and up to $5,000,000+ when it comes to loan able amounts in your pending case. This allows you to only take out what you need during the case and keep more of your awarded money after a verdict is reached in your case. Settlement loan providers allow you to take out multiple settlement loans if you still need more money and the case has not ended yet.
#5. Settlement Loans Do Not Affect Your Case.
For some reason people think settlement loans will effect their case, this is farther from the truth. The defendant in your case is never notified if you apply for and\or get accepted for a settlement loan. In fact, the court itself isn’t even notified about the settlement loan and the provider is not required by law to notify anybody beyond your attorney.
