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Caveat Emptor! (re: Debt Reduction/relief Firms)

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    Caveat Emptor! (re: Debt Reduction/relief Firms)

    This is a difficult thread for me to start, but if it helps one person make the right choices (which, of course, I did not).

    After my Ch7, I wanted to see if I could eliminate the remainder of my active debt (loans, etc.). I had not included some in the CH7 and I had accumulated a bit more after the filing. So I reconsidered using a debt relief firm, once again. I had used one previously and it was that firm (predatory as all get out) that got me to abandon them and file Ch7, as I should have, initially.

    I found another firm that seemed to be "better." They calculated everything out, given my income stream, etc., and told me that all I had to pay them was $X a month for the remainder of the program (several years). In the mean time, they'd begin negotiations with the creditors in re: getting the amounts reduced, etc., which this company did. The monthly draft amount was reasonable for my budget, if that's what would happen over the entirety of the program. One by one, the debts have been settled. But here's what they don't tell you.

    If the debt relief firm negotiates a settlement too quickly (i.e. doesn't spread it out over the life of the program as advertised), and your monthly draft isn't enough to cover it all), they can/will demand a much higher monthly draft than they quoted you initially. There could be several reasons why it was negotiated so quickly (ie. to prevent the creditor from taking legal action, etc because they're tired of waiting). Of course, you could very well, finish the program much faster/earlier, but that doesn't matter much if you don't have enough monthly income to cover the extra amounts! And if you deny that particular settlement, the firm will threaten you by saying the creditor is ready to take legal action against you to recover the debt, if you don't agree to the settlement they're offering. What can you do?

    Well, I'm almost done with it (debt relief program) so I'm not going to give it up now. But, honestly, I'm thinking now that CH7 is a better alternative than those debt relief programs. I mean, supposedly with debt relief, your CR will get cleared up once the debts are paid off, but I have no guarantee of that. And I absolutely hate the fact that they force you to not pay those creditors directly that you enroll in their program (they say to offer better negotiation leverage) but at the same time, your FICO score suffers tremendously and you have no guarantee they'll eliminate the negative info once it's all resolved. You might have to file a ton of disputes to make that happen. We shall see.

    Therefore, "Caveat Emptor." Be very careful with these debt relief programs. They are predatory as all get out. It may work for you. It may not. In my case, it does seem to be working, but at a very high cost to my present monthly discretionary income. Ideally, the best advice is just not to get in that level of debt that you need one.

    Like my grandfather said, "Make it first.... Spend it second."




    #2
    We always say that most people that go into a debt management program end up filing bankruptcy in the end. Thank you for your story and letting other debtors know about your journey.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

    Comment


      #3
      Originally posted by justbroke View Post
      We always say that most people that go into a debt management program end up filing bankruptcy in the end. Thank you for your story and letting other debtors know about your journey.
      I have 4 more years to go on my original Ch7. I didn't think I could re-file until the 1st one cleared. Not that I'd want two of them on my record, anyway, but.. After all, I don't have any assets to give now, since I lost my car.

      We'll see how it goes.

      Comment


        #4
        You can file a Chapter 7 after 8 years has elapsed from when you filed the prior Chapter 7. It goes by neither the discharged date nor when it falls off the credit report.
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

        Comment


          #5
          Originally posted by justbroke View Post
          You can file a Chapter 7 after 8 years has elapsed from when you filed the prior Chapter 7. It goes by neither the discharged date nor when it falls off the credit report.
          I filed, 06/2019. I think by then (8 yrs later), I will have already finished the debt relief program. No need for another CH7 by then. Hopefully not, anyway.

          Comment

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