Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > BANKRUPTCY AND CONSUMER CREDIT > Banking & Credit Cards

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 04-16-2003, 07:16 AM
karneann
Guest
 
Posts: n/a

Negotiating Settlements


What is the name of your state? Florida
I have recently filed Chapter 13. Due to a possible increase in salary, I am thinking about negotiating with the CCC instead. I am now 4 months behind on payments, at what point would they negotiate? When notified of the 13? What is the maximum % of forgiveness I could expect? Would interest accumulation be frozen? Would the rate be lowered? (I had so-called low rates trying to resolve this through the sham credit counseling outfit past year) Thank you, sorry for length.
  #2  
Old 04-16-2003, 08:55 AM
Senior Member
 
Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
If you've filed for Ch 13, why do you want to waste your money settling now ?? If they're included in your plan, they'll get whatever they get and I'd be willing to bet its far less than what they'd be willing to settle for, so you save money in the long run. Settling at this point isn't going to help your credit rating any, not with a bankruptcy already filed.
__________________
"Knowledge is Power - use it as you see fit !

I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
  #3  
Old 04-16-2003, 09:14 AM
kevinss
Guest
 
Posts: n/a
Ladynred's right.
I was going to say that you've placed yourself in one of two situations with these creditors:

1. Scared them because you've filed BK (just told them, didn't actually get the paperwork yet). Now, they'll want to charge the debt off as quickly as possible to get their tax break and wash their hands of it. You're at the 180-day mark or near it, so they can charge you off. They won't hesistate to.
2. Showed them that even though you're filing BK that you want to work with them and settle the account.

Now, if the first case is true, it doesn't matter anyhow. If the second is, they would want it in one lump sum. They are in the business of knowing that situations change (and that's how they profit.) In this case, they know that you could very well get swamped with debt between the settlement arrangement and the time the settlement is satisfied. That would mean they stand to lose a substantial amount of money.

In summary, you may as well go forward with the BK. The "bad marks" on your credit are going to be there for years to come anyway... may as well make it one bad mark instead of 10, ya know? The creditors are going to get a settlement on the accounts, and that's what you wanted anyway

Now, once you've completed the BK, go ahead and as soon as possible get a couple of secured lines of credit (secured credit cards are the easiest.)
Only use them for things like groceries, gas, etc. Have the money for any item you are going to buy in your bank account at the time you buy it. Pay off the cards before they have a chance to acrue interest. That will get you started rebuilding your credit immediately. The sooner the better.
Here's a link to check out:

[url]http://www.creditinfocenter.com/rebuild/restore_credt.shtml[/url]

Some of their ideas sound silly.. but it actually works in the long run.

It's very admirable that you want to pay on your accounts. Don't let that change if you can help it.
GOOD LUCK!

Last edited by kevinss; 04-16-2003 at 09:16 AM.
  #4  
Old 04-16-2003, 12:44 PM
karneann
Guest
 
Posts: n/a
Thank you for your advice. So, even if I were to stop the 13, at any point in the plan, it is now on my credit report regardless? (I had wondered about this)
  #5  
Old 04-16-2003, 01:34 PM
Senior Member
 
Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
Yes, once you file its public record and will go on your credit report and stay for 7 years whether you dismiss it or not.
__________________
"Knowledge is Power - use it as you see fit !

I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 09:21 AM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.