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      What is Debt Consolidation and How Does It Differ From Bankruptcy?

    Debt consolidators are everywhere and their advertisements can be heard on the internet, the radio, and now on TV. A reputable debt consolidator will attempt to negotiate a settlement for debts which are in default for a lower amount than is owed to the original creditor. The debt consolidation company will either negotiate a lump sum settlement amount with each creditor or have you pay a monthly amount in order to build up enough money for the company to settle the amounts with your creditors. So what is the catch?


    The problem with debt consolidation is that many of the people cannot afford to pay either a lump sum payment to each one of their creditors and have to do it over time by making monthly payments to the debt consolidation company. An individual or couple may not have enough money to pay the monthly payment and may be using money they need for other household expenses. Also, the person must fall into default in order for the creditor to take a lower amount than is currently due, and interest will accumulate on the debt that is owed and the creditor will report each month to the credit reporting agency decreasing your credit score each month. The debt consolidation company will often take a percentage of any payments that you make each month and usually any money you pay to them is largely non-refundable or they take a large upfront fee.


    The most important risk that a person takes when they choose debt consolidation is that they may risk garnishment, a frozen bank account, or a lien on real estate if a creditor sues the person. In sum, there is no protection against a lawsuit from one of the creditors if they decide to sue. The phone calls for collections also generally don't stop. Here is an article See the article detailing debt consolidation and what a person should look for. In the article it says that as many as 21 states have sued unscrupulous debt consolidators and complaints are rampant according to the FTC.


    Bankruptcy will differ in the following ways from debt consolidation. Bankruptcy has the force of federal law and the automatic stay is your protection from any creditor coming after you for money or property Read More about the Automatic Stay. Most assets can be protected from your creditors. When a person files a bankruptcy there are set laws which are predictable for both the Debtor and the Creditors. Whether a person files a Chapter 13 Learn More about Chapter 13 there assets are not at risk and the person will repay debt back from 3-5 years without interest at a percentage.

    A Chapter 7 is a liquidation bankruptcy where the person does not pay any debts back Learn More about Chapter 7 and gets to keep exempt property. When filing with an Chicago Bankruptcy Attorney like my office and I know the bankruptcy laws and I will guide you through the entire process, answer any questions you may have, and treat you with respect and dignity. Filing a bankruptcy is an important financial decision; however, it is a decision that a person should seriously consider if they are facing overwhelming debt, loss of a job, or a divorce. I meet with people almost every week who first try debt consolidation who waste precious money and time and ultimately end up filing a bankruptcy. Please call me today at 312-489-8182!

    Marc Wagman


    Chicago Bankruptcy Attorney

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