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Lenora wrote to me and asked:

Dear Get Out of Debt Squirrel,

What should I do about my debts? I am trying to set up a budget, but even with a budget, I can’t make all my payments. I need help now? I have over $23,000 in credit card bills and I want to get free of all of them. My husband thinks bankruptcy is the answer. But I am not sure God wants one to do that. Help!!!!!!!

My Dear Lenora,

While it feels like the walls are closing in on you and that you are living through desperate times, rest assured there is a way through this mess.

It doesn’t really matter what the number is that you owe. What is important is that there is not enough money coming in to take care of the bills.

As you say, even if you take your expenses down to the bare minimum, you still can’t make it from month to month. That is a clear indication that no amount of catching rain water to flush toilets, washing out Ziploc bags or reusing aluminum foil is going to do the trick.

Your husband has mentioned that maybe you should go bankrupt, and maybe you should. After all it is a legal and valid solution for dealing with overwhelming debt.

You mentioned what would God want you to do and I think it would be a mistake to automatically discount bankruptcy as an option simply because of what you think God might want for you. Think about it, she led you here for a reason and maybe that reason was to read this answer and to talk about bankruptcy?

Your options really come down to a few basic choices:

  1. Do Nothing.
  2. Increase Income and/or Reduce Expenses.
  3. Go Bankrupt
  4. Enter a Reduced Payment Plan.

Lenora, it’s not rocket science, just tough, difficult, emotional and gut wrenching. As a furry squirrel sitting on a distant branch the path you should take seems clear. Here is my plan for you.

Lenora’s Plan of Action to Get Out of Debt

  1. First thing I would suggest if you need immediate relief from debt collectors or collection calls and you are not yet ready to go bankrupt is to enter a reduced Payment Plan where you can consolidate your debts.
  2. I would also suggest that either now or as soon as you are ready you should talk to a bankruptcy lawyer. This doesn’t have to be with the intention of going bankrupt but to educate yourself about the realities of what bankruptcy means to you and your husband.
  3. At some point following the meeting with the bankruptcy lawyer or during the early months of your consolidated debt plan you may decide that you can’t continue to make payments and live in the stress and pressure that you are currently in. You might opt for bankruptcy.

The advantages of this approach are that this does not force you to go bankrupt now if you are not mentally ready for it. And it allows you to make a good faith effort to repay your debt based on what you can afford to pay with professional help in the meantime.

Only you can decide if bankruptcy is right or wrong for you. But I ask you to consider this as you say your evening prayers. Lenora, do you have a greater responsibility to fix the past or attempt to fix the future? If you want to fix the future then it just might make more sense to go bankrupt now, get yourself back into a safe position where you can afford to live, and then if you have extra money leftover, you can always repay your creditor for moral reasons.

Going bankrupt does not mean you can’t still honor your debts. It just gives you legal protection and a fresh start, or you can keep living in the past. The choice is yours.

From a squirrel point of view I always prefer to hunt for as many nuts as I can and save them for the winter to come rather than worry about how many I didn’t have last year.

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March 31, 2008 by Get Out of Debt | No comments

Debt collections and the debt collector seem like things we should avoid at all cost, but that’s not true. Sometimes going into collections and being in collections is the smartest thing you can do.

If your choice is between spending all your money and living paycheck to paycheck or preserving some of your money and paying what you can afford, then paying what you can really afford is the smarter way to go.

When your credit card account is in collections it means that you are behind on your bill and have failed to make promised payments. We are rained to think that collections is bad and should be avoided at all costs, but why?

Creditors and collectors don’t care if you put yourself in a disadvantaged position in your life. All they want is one thing, your next payment. But holding onto your money may be the best move for you and your family in troubled times.

Let’s look at a typical situation and why going into debt collections would be a smart thing to do.

Jayne and Jon have had a reduction in income but the bills keep coming. They’ve used the credit cards a bit more than they should have for food and gas but they promised themselves that things were getting better, they aren’t. This month there are just more demands for payments than money available to pay. Jayne and Jon have some cash in savings they could dip in to pay the minimums.

If their situation was unique, then maybe tapping the savings account for a one time infusion of cash might be a smart thing to do. But with no immediate solution to their reduction in income, sucking money out of savings just makes the savings lower and does not solve the problem. Soon there will be no money left in savings and the situation will not have changed. The only thing achieved is that the debt collector got a few more payments out of you and now you are flat broke.

Being behind on credit card bills will land you in collections and will hurt your credit report and lower your credit score but it won’t get you evicted or your car repossessed. And when you go into collections, what happens:

The Normal 6 Month Collection Cycle
- Polite Late Notices
- More Demanding Late Notices
- Friendly Collections Calls
- Threat of Negative Marks on Your Credit
- Less Friendly Collection Calls
- Threat of Being Sued
- Maybe Being Sued
- More Aggressive Collection Calls
- Your Account is Sold to Another Creditor
- Cycle Begins Again

The reality is that collections is most effective when you are running in fear from the collector. But it just does not have to be like that.

Rather than give over your emotional power to the debt collector, use the following approach.

  1. Don’t Avoid the Collector - Always be gracious and friendly. There is no need to react to the emotional tricks and pressures they will apply to you. Welcome the call, make a friend and be polite. Ask the debt collector how their day is going and wish them well. Avoiding the collection calls only drives the collector to try to find you by calling family or neighbors. Don’t let that happen.
  2. Be Completely Honest About Your Situation - If you can’t afford to make a payment on your credit card bill this month, don’t. If you promise to make a payment and then fail to meet that promise the debt collector will use that against you. It is much better to stand your ground and deliver what you can honestly be able to rather than make a promise you can’t keep.
  3. Be Mentally Prepared - As long as you are mentally prepared for the worst, you don’t have to be afraid of it. The worst that can happen when your account is seriously past due is that it will be reported to the credit bureaus, will appear on your credit report, you may incur a fee or penalty and your interest rate will be raised. Much, much latter in the collection process you may be asked to appear in court and explain your situation.

As long as you are aware of these basic facts the debt collector can’t emotionally manipulate into doing something that isn’t smart for you to do. The dumbest move would be for you to keep sending payments you can’t really afford just to protect your credit report or credit score. You can’t feed your family your credit report.

Food, shelter, clothing and transportation to work should always come before making a payment on an unsecured debt like a credit card.

Get Out of Debt Squirrel Says: Don’t be a chump, learn when to not pay your bills.

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