Choosing the Right Path to Get Out of Debt

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    Choosing the Right Path to

    Get Out of Debt

    When you’re buried in debt, it’s easy to feel overwhelmed. But there are several proven options to regain control of your finances — and the best choice depends on your unique situation. Here’s a breakdown of the most common approaches and how they might fit your needs.


    1. Debt Resolution / Settlement

    Debt settlement means negotiating with your creditors to accept less than the full balance you owe. You typically make a lump-sum payment or structured settlement to wipe out the debt.

    • Why Some Clients Choose It: It can resolve debts faster than bankruptcy and avoid a court filing.

    • What to Watch Out For: Your credit report will show the debt as “settled for less than owed,” and you may owe taxes on the forgiven amount. Creditors are not required to settle — and they could sue you while negotiations are happening.


    2. Chapter 7 Bankruptcy

    Often called a “fresh start,” Chapter 7 allows you to eliminate most unsecured debts (like credit cards and medical bills) in as little as 4–6 months.

    • Why Some Clients Choose It: It stops collections, lawsuits, garnishments, and harassing calls immediately through the automatic stay. It does not require a repayment plan.

    • What to Watch Out For: You may lose non-exempt property, and it stays on your credit report for 10 years. You must pass a means test to qualify based on your income.


    3. Chapter 13 Bankruptcy

    This option reorganizes your debt into a 3–5 year repayment plan, giving you time to catch up on mortgage arrears, car loans, or tax debt.

    • Why Some Clients Choose It: It saves homes from foreclosure and vehicles from repossession, and it can reduce some secured debts (called a “cramdown”). At the end of the plan, remaining unsecured debts may be discharged.

    • What to Watch Out For: It’s a long-term commitment. Missing plan payments can result in dismissal of your case.


    4. Debt Management Plan (DMP)

    Through a nonprofit credit counseling agency, your payments are consolidated and your interest rates may be reduced.

    • Why Some Clients Choose It: It helps you avoid bankruptcy and pay off debt with a predictable monthly plan.

    • What to Watch Out For: It doesn’t reduce the principal, and it usually takes 3–5 years to complete.


    5. Doing Nothing

    In some cases, doing nothing may be an option if you are “judgment-proof” — meaning you have no wages or assets creditors can take.

    • Why Some Clients Choose It: If your income is exempt (like Social Security), creditors may not be able to collect.

    • What to Watch Out For: Debts don’t go away quickly, and you risk lawsuits, garnishments, and liens until the statute of limitations expires.


    Our Guidance: Picking the Best Option for You

    Every client’s situation is different — that’s why we take time to review:

    • Your income and assets

    • The types of debt you have

    • Your goals — Do you want to keep your home or car? Stop wage garnishments? Get relief as quickly as possible?

    After we understand your financial picture, we can explain whether debt settlement, Chapter 7, or Chapter 13 is the best fit — and what your next steps should be.

    Debt Resolution Options:

    Side-by-Side Comparison

    Option How It Works Pros Cons / Risks Best For
    Debt Resolution / Settlement Negotiation with creditors to settle debts for less than what is owed, usually in a lump sum or structured settlement. • May resolve debts faster than bankruptcy
    • Avoids public court filing
    • Can reduce total amount owed
    • Credit score impact (accounts reported as “settled for less”)
    • May owe taxes on forgiven debt
    • Creditors not required to agree
    • Risk of lawsuits during negotiation
    People with some cash available to settle and a willingness to negotiate directly with creditors.
    Chapter 7 Bankruptcy Court-supervised liquidation of non-exempt assets to pay creditors, with discharge of most unsecured debt. • Wipes out most unsecured debt in 4–6 months
    • Immediate stop to lawsuits, garnishments, and collection calls
    • No repayment plan required
    • May lose non-exempt property
    • Stays on credit report for 10 years
    • Not available if income is too high under means test
    People with limited income/assets who cannot repay debt and want a quick fresh start.
    Chapter 13 Bankruptcy 3–5 year repayment plan consolidating debts into one monthly payment, supervised by the court. • Stops foreclosure and repossession
    • Allows catching up on mortgage/taxes
    • Can reduce some secured debts (“cramdown”)
    • Remaining unsecured debts discharged at plan’s end
    • 3–5 year commitment
    • Missed payments can lead to dismissal
    • Stays on credit report for 7 years
    People with steady income who need time to repay or catch up on missed payments.
    Debt Management Plan (DMP) Nonprofit credit counseling agency consolidates payments, negotiates lower interest rates with creditors. • One monthly payment
    • Lower interest rates possible
    • Avoids bankruptcy stigma
    • No reduction in principal
    • Usually 3–5 years
    • Some creditors may not participate
    People with good income who can afford full repayment but need lower interest and a structured plan.
    Do Nothing (Wait and See) Debtor takes no action and waits for statutes of limitations to expire or settles individually. • No legal or service costs
    • Some debts may eventually become uncollectible
    • Credit score damage continues
    • Risk of lawsuits, wage garnishment, and liens
    • Stress and uncertainty