Ask Liz Weston

Get smart with your money

debt settlement

Q&A: Bankruptcy may be best option for indebted widow

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Dear Liz: I am an 82-year-old widow with a disabled daughter in a desperate financial situation. Payments on my credit cards and a personal loan eat up half the income I get from Social Security, my late husband’s pension and my IRA. My total debt is over $100,000 and my only assets are a car worth $35,000 and the fast-dwindling IRA with just $25,000. I need advice on how best to proceed: bankruptcy or loan consolidation or something else?

Answer: Please make an appointment with a bankruptcy attorney as soon as possible.

There are other solutions for debt, including a debt management plan through a credit counselor, debt settlement or a consolidation loan. Debt management allows people to pay off what they owe over time, often at a lower interest rate. Debt settlement involves negotiating with creditors to accept less than what they’re owed. A consolidation loan replaces multiple debts with a single loan, often at a fixed interest rate.

Your situation is simply too dire for these other methods to make much sense, however. Bankruptcy could allow you to legally erase the debt and preserve what’s left of your limited funds.

This week’s money news

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This week’s top story: Debt settlement hurts your credit score. In other news: Weekly mortgage rates fall, but existing home sales sag, DOJ files antitrust suit against Live Nation/Ticketmaster, and why the disconnect between economic strength and sentiment matters.

Is Debt Settlement a Good Idea?
Debt settlement hurts your credit score, and there’s no guarantee of success. Consider other debt relief options first.

Weekly Mortgage Rates Fall, But Existing Home Sales Sag
In what should be a reassuring display of good timing, mortgage rates fell for the third week in a row — right at the start of homebuying season.

DOJ Files Antitrust Suit Against Live Nation/Ticketmaster
A ticketing debacle in 2022 before Taylor Swift’s Eras Tour sparked federal investigations.

Why the Disconnect Between Economic Strength and Sentiment Matters
Over the past several years, the economy has been remarkable, in a literal sense; there has been a lot to talk about.

Wednesday’s need-to-know money news

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Today’s top story: How debt settlement can make a bad money situation worse. Also in the news: Using an IRA as a legal, last-minute way to lower your taxes, 4 reasons why it’s smart to buy a used cell phone, and how to budget as a freelancer.

Debt Settlement Can Make a Bad Money Situation Worse
Not the perfect solution.

An IRA Is a Legal, Last-Minute Way to Lower Your Taxes
There’s still time for 2017 taxes.

4 Reasons It’s Smart to Buy a Used Cell Phone
Saving on new-to-you tech.

How to Budget as a Freelancer
Budgeting when income isn’t reliable.

Thursday’s need-to-know money news

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Today’s top story: 3 ways debt settlement may not be the fix you expect. Also in the news: NFL great Eric Dickerson shares money and life lessons, where to find low-cost checking and the reason why most people get rejected for a personal loan.

3 Ways Debt Settlement May Not Be the Fix You Expect
What debt settlement companies won’t tell you.

NFL Great Eric Dickerson Shares Money and Life Lessons
Tips from the Hall of Famer.

Consumers Can Find Low-Cost Checking, Despite Bank of America Move
Alternatives to BoA.

The reason why most people get rejected for a personal loan
Know the score.

Q&A: Debt settlement vs. filing for bankruptcy: Pros and cons

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Dear Liz: I owe a credit card company about $16,900. I have not been able to make payments for almost two years and have no money. They recently sent me a proposal to pay off the entire amount at 30 cents on the dollar by making 24 payments of a little over $200 per month. I’m concerned they can then resell the unpaid amount to a debt collector and that it really isn’t a solution for the entire debt to be extinguished, even if I agree to their proposal. Am I right?

Answer: In the past, poor record-keeping and unethical behavior meant some debt buyers routinely re-sold debts that were supposed to be settled. While that can still happen, it’s less likely, especially if you’re dealing with the original creditor or a company that’s collecting on the creditor’s behalf, rather than a company that purchased an older debt.

You’ve been offered a pretty good deal, says Michael Bovee, president of debt settlement company Consumer Recovery Network. Typically debts are settled for 40 to 50 cents on the dollar.

That doesn’t mean you should take it, necessarily. You have to be able to make the payments to get the debt settled, for one thing. Also, any debt that’s forgiven can be treated as income to you. The creditor will send you (and the IRS) a Form 1099-C showing the forgiven amount and you’ll typically owe income taxes on that amount unless you’re insolvent. If you’re in the 25% tax bracket, that would add roughly $3,000 to the cost of settling this debt.

Many people who can’t pay what they owe are better off skipping debt settlement and filing for Chapter 7 bankruptcy, which erases credit card balances, medical bills, personal loans and many other unsecured debts in three to four months. Chapter 7 typically has a bigger impact on your credit scores than debt settlement, but it legally erases the debts and prevents creditors from filing lawsuits against you. If you try to repay this debt and fail, or if you continue simply ignoring it, you could get sued.

You can get a referral to an experienced attorney from the National Assn. of Consumer Bankruptcy Attorneys at www.nacba.org. Discuss your situation and your options before you decide how to proceed.

Debt settlement a bad alternative to bankruptcy

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Debt settlement isn’t the Wild West industry it was a decade ago, when people routinely paid hefty upfront fees to companies that failed to deliver any relief.

Thanks to increased regulation and enforcement, the much smaller number of settlement companies that remain often do what they promise: persuade at least some of a borrower’s creditors to forgive part of the debt, typically in exchange for a lump sum payment.

Several people I’ve interviewed lately reported positive experiences with debt settlement, so I decided to take another look at the industry. It turns out that hiring a negotiator could be a reasonable alternative to bankruptcy for some. But debt settlement is not as consumer-friendly as the industry presents it, and some of the people who praised the companies didn’t fully understand their alternatives or the longer-term consequences of settling debt.

In my latest for the Associated Press, a look at the biggest problems with debt settlement.