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Dodging the collectors?
Dear Dollar Diva,
I would like to know the difference between going into bankruptcy
and going to a credit-counseling agency. I've gone back to school,
and between the tuition costs and my decreased income, I'm having
a problem paying my bills. I cannot seem to keep current, and now
the collection letters are starting to come in.
Can the Consumer Credit Counseling Service help me
re-establish my credit?
Bankruptcy laws and the Advisers at CCCS have a common
function -- to help people deal with their creditors. They just
go about it very differently.
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Bankruptcy: Since
you're cracking the books at school, you might want to study
up on Chapter 7. It's a legal proceeding that can permanently
wipe out your unsecured debt, such as credit cards, doctor bills
and unsecured loans, so you can get a fresh start. It involves
selling any items that can be sold, excluding homes with homestead
exemptions and other exempt items. The proceeds are used to
pay off your creditors. When the money runs out, the rest of
the debt is discharged, and you start with a clean slate. Generally,
you only do this when no other option is available.
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For secured debt, that is to say money that
has been borrowed by providing collateral, there is Chapter
13, which will help you to keep your assets by reorganizing
your debts so you can afford to pay them out of your future
income. Unsecured debts are usually reduced in Chapter 13 proceedings.
This is the option just before Chapter 7.
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Consumer Credit Counseling Service:
This nonprofit organization serves as an intermediary between
you and your creditors to help get the debts paid. They will
negotiate with your creditors to get your monthly payments reduced
and your finance charges lowered or waived. They will help you
set up a budget and a payment schedule you can afford with your
future income. There may be a small fee for their services.
Generally, this is the option just before Chapter 13.
The agency is an avenue to getting creditors off your
back, paying off current debts and getting back on track. It's a
good option if you've tried dealing directly with your creditors
and haven't been able to get them to work with you.
Once you get your current debt under control come
back, and the Dollar Diva will guide you through re-establishing
your credit.
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-- Posted: Sept. 23, 1999