| A debtor in financial trouble should consider negotiating
with the creditors. This involves contacting each creditor directly, or
through an attorney or credit counseling service, in an attempt to make
favorable arrangements with the creditor. These may involve a lump sum
discount, or reduced payment amounts with increased term of repayment and/or
reduction or elimination of interest.
Arrangements can be made with secured or unsecured creditors.
Factors which the secured creditor will look at include the rate of depreciation,
past payment history, and resale amount on repossession. Many unsecured
creditors are receptive to some arrangement which will allow them to be
repaid in a reasonable amount of time. They do this because if the debtor
files for bankrukptcy, chances are they will receive little. By working
with the debtor, they will receive most or all of their money back.
As long as the debtor meets the new arrangements, the
debtor is allowed to keep their property while working with the creditor.
In addition, the debtor is allowed to keep their credit record clean through
a properly structured work out. A bankruptcy remains on your credit report
for ten years, while arrangements which are kept up to date should appear
as a current account.
The closer a debtor is to current with their account,
the more likely a creditor will be enter into some modification or arrangement.
Some creditors will accept a greatly reduced lump sum payment or will demand
an up front payment before entering into any arrangement. This may mean
that the debtor will have to incur additional debt through freinds and
family, or pension plan loans. The idea is to pay off a high interest,
currently due debt with one that carries little or no interest with low
payments due at some time in the future.
There is nothing a debtor can do to force all of their
creditors to accept terms which the debtor is offering. Hopefully, a sufficient
number of creditors are willing to deal with the debtor to allow the debtor
relief. If too many creditors are unwilling to go along or if the largest
creditor vetos the arrangement, the debtor may have to abandon this strategy
and look at other options. Just because a debtor tries one approach which
fails, the debtor is not precluded from attempting other strategies to
solve their financial problems. |