When people are overwhelmed by debt but don't want to file for bankruptcy, I typically recommend they make two appointments:
- One with a legitimate credit counselor, preferably affiliated with the National Foundation for Credit Counseling.
- Another with a bankruptcy attorney.
One is that credit counselors and their debt-management plans, which are designed to pay off credit card debt over five years or so, are geared to steer people away from bankruptcy. Consulting with a bankruptcy attorney can help ensure that those struggling with debt know all their options.
The other, even more important reason: I know that even if you desperately want credit counseling to work, it often won't.
Here are the statistics, straight from the NFCC. Of the 3.2 million people who contacted NFCC agencies for help last year:
- About one-third were able to handle their finances on their own after a counseling session.
- Another third were either too far gone for debt management plans to help, with too little income or too much debt, or had problems credit counseling couldn't help and were referred to social services agencies because of issues such as a gambling problem, alcoholism or other addiction.
- The final third enrolled in debt-management programs (DMPs), but the dropout rate averages at least 45%.
NFCC spokeswoman Gail Cunningham said 55% of those in DMPs either complete their payments or contact their agency at some point to say they're able to resume payments on their own. Cunningham said she couldn't give me a breakdown of that 55%, so we don't know precisely how many people actually follow through in paying off their bills.
When budget and reality collide
I don't bring this up to discourage anyone from contacting a legitimate credit counselor. Some people do complete their plans, and many others get much-needed advice on budgeting, credit improvement and other topics.Credit counselors also are a key source of housing counseling; HUD-approved housing counselors help ready people to buy their first homes and advise them on navigating the mortgage refinancing and modification maze when their payments aren't affordable.
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Don't confuse debt management plans with debt consolidation, where borrowers are offered one big loan to pay off their smaller debts, or debt settlement, where private companies offer to negotiate a lump-sum settlement, usually for a big upfront fee. Debt-management plans set up low-interest repayment plans so borrowers can pay off credit card debt over time.
But I want people to know that if they're counting on debt-management plans as a way to avoid bankruptcy, the deck might be stacked against them. They need to consider all their options before signing up for a debt-management plan or any other debt solution.
Roni, who lives near Seattle, wishes she had.
She signed up with a credit counselor and started shoveling money toward her credit card bills. Then collectors started calling about other debts she owed, and Roni realized she couldn't keep up.
"At the time, the (credit) counselor made the comment that she wondered how long it would be before I filed for (bankruptcy) protection because my debt payment was such a large percentage of my income," Roni said. "I was young and didn't know all of my options and would have saved myself a lot of time and stress if I had filed Chapter 13 sooner."
Chapter 13 bankruptcy protected Roni from creditors' calls while putting her on a five-year repayment plan, after which her remaining debt would be erased.
Continued: On a budget and on the edge
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Dealing with debt: Debt settlement