Skip to main content

Chapter 13's advantages over Debt Management Programs

If you're pondering whether to utilize a Debt management Program (DMP) or file for CHapter 13 bankruptcy, consider the following:

Many credit-counseling agencies have pre-arranged terms with credit card companies for repayment. The interest rate may be reduced, but there will still be interest to pay.

Filing for Chapter 13 bankruptcy enables the debtor to pay off debts with zero percent interest and provides a legal means to eliminate debt. Income left over after a reasonable family expenses goes toward paying off your debts. Anything you can't be paid will be eliminated or discharged. 

DMP's are dependent upon all creditors agreeing to the plan. If just one balks, it may throw a monkey wrench into the whole plan.

Creditors have no influence on a Chapter 13 filing. These filings are approved by a court of law. 

Most DMPs establish a budget and monthly payment amount. By the time arrangements are worked out with creditors, you might wind up having reports of late payment going to the credit rating agencies, tarnishing your credit. Some creditors may seek wage garnishment to speed up repayment. If they succeed, other important budget items may suffer.

Chapter 13 protects you from wage garnishments and from late reporitng to credit-rating agencies. Terms of repayment are worked out between your attorney and the bankruptcy court.

DMP creditor arrangements are voluntary and rely on the good faith of the creditors, who are free to change the rules in the middle of the game.

Chapter 13 provides a consistent set of rules and legal protection from all creditors. Harassing phone calls and letters, vehicle repossession, home foreclosure, and utility shutoffs are all off limits.

Chapter 13 is a tool to help someone regain secure financial footing, not a sign of financial failure. Call The Law Office of William J. Luse at 843-939-4795 so that we can go over your options.

Comments

Popular posts from this blog

Questioned by the Police? - Don't Forget Your Rights

One of the special things about our country's criminal justice system is that if you are suspected or accused of committing a crime, you have certain fundamental rights. Unfortunately though, many people aren't aware of their rights, or, in the head of the moment, they forget about those rights. For instance, citizens who find themselves being questioned and in police custody may not even be aware that they have a basic fundamental right to have an attorney present any time they are being questioned by any branch of law enforcement. Truth is, having an attorney present if you are being quested is vitally important. Why is that? For one thing, an experienced criminal defense attorney can help you from incriminating yourself, can make sure that you don't answer questions that are designed to trick you, and can keep officers from asking the same question over and over again. Bottom line - having a criminal defense attorney on your side can help make sure that you don...

Full Custody, Joint Custody, and Sole Custody - What You Need to Know

We figured it might be helpful to produce a short article that summarizes the key differences among different types of custody. Full custody: this means that one parent is granted the majority of custody time and legal rights for the child. Joint custody: in this situation, the parents can split the physical custody of the child, and then have just one of the parents handle the legal custody (and, as a result, make any major decisions on behalf of the child). More common is to have parents share legal custody and then have one parent awarded physical custody. True joint custody arrangements, in which parents share both physical and legal custody equally, tend to be rare because of the logistical and personal issues involved (scheduling, added stress, disruption of the child's routine, costs, etc.) Sole custody: this means that one parent is awarded full legal and physical custody. These arrangements are rare, and are typically only set up if one parent is deemed unfit or wh...

Important Safety Warning from the CPSC

The U.S. Consumer Product Safety Commision (CPSC) had issued an important alert urging consumers to immediately stop using the LayZ Board self-balancing scooters (known as hoverboards). The CPSC has evidence that the LayZ Board was the hoverboard involved in the tragic fire on March 10, 2017, in Harrisburg, PA, which took the lives of two young girls. Numerous other fires have occurred in recent years as a result of the lithium-ion batteries in hoverboards, although this is the first fire that is believed to have directly led to fatalities. The LayZ Board hoverboards were manufactured in Shenzhen, China, and more than 3,000 units were imported into the United States. Due to the fire hazard posed to consumers of all ages by these hoverboards, the CPSC is urging the public to stop charging and stop using their LayZ Board. Consumers who choose to dispose of their hoverboards should take them to a local recycling center for safe handling of the lithium-ion battery. The CPSC is also...