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I came across an article this morning about Debt Settlement on Yahoo. It has a good explanation of what to REALLY expect from the Debt Settlement companies.

http://finance.yahoo.com/banking-budgeting/article/108975/can-you-settle-credit-card-debt-for-pennies?mod=bb-creditcards

Yes settling a debt for less than you owe will save you money but it is not going to save you as much as you think.

When you settle a debt with your credit card or other creditors for less than you owe the amount forgiven is taxable income.

For example if you owe Bank of America $20,000 and they forgive $10,000 the forgiven $10,000 is treated as income to you which you will pay taxes on at year’s end.  The creditor will issue you a 1099.

Also debt settlement for less is reported on your credit report and can negatively impact your credit score.

In bankruptcy debts are discharged through a court order. Discharged debt in bankruptcy will not be taxed or reported as income.

If you filed bankruptcy under chapter 7 you will be able to obtain a new credit card very shortly after filing. Most banks will want your business, because (1) you have reduced your debt, (2) cannot get another bankruptcy discharge for 8 years, and (3) the bank will be able to charge you a high interest rate.

Most individuals are able to get unsecured credit cards, however, in some cases the bank my require you to get a secured credit card. A secured credit card is much like the traditional unsecured card, however you will be required to secure the card with a deposit. This is different than a prepaid card. With the secured card you will still need to pay the monthly bill.

If you are in chapter 11 or 13 you are not permitted to get a credit card or other loans until after the case is over.

In either chapter getting a new card and using it responsibly will increase your credit score and rehabilitate your credit score. Using your card responsibly should include paying your bill on time and never charging more than 30% of your credit limit.

Filing bankruptcy does not prevent you from buying any property, including a new home or cars. However, the better question is; when will a bank give me a mortgage for a new home?

Chapter 7 bankruptcy will be listed on your credit report for ten years after you file bankruptcy. The listing of the bankruptcy on your credit report is not a legal bar to obtaining credit; however, it is a factor that a bank will use in determining whether or not to extend you credit.

Smaller loans, such as credit cards, will be available to most debtors shortly after filing. Most debtors start getting solicitations for post-petition credit cards within a month or two of filing.

Car loans may also be available right after the case is filed but you should expect a very high interest rate.

As for home mortgage, it will likely take 2 – 3 years until you can expect to be approved. However, some individuals get a new home mortgage in as little as 1 – 2 years or sooner.

The bank’s decision to extend credit is unique based on your situation, the bank will look at factors such as, credit reports and score and income to debt ratio to determine to extend credit to you.

With so much heard about credit reports and scores it is important to check your credit report regularly.

There are three major organizations that report on your credit, Experian, Trans Union, and Equifax. Each, upon your request, is required to provide you a copy of your report at no cost each year.

You can go to www.annualcreditreport.com to request your free report. The site will take you through the process of getting the reports by mail or over the internet.

Be sure to get all three reports as they are not always consistent. Also, you can dispute inaccurate information on-line or through the mail. Typically disputing an incorrect item is simple. Be careful of anyone that promises to remove information from your credit report for a fee.

Finally, if you want your credit score you will be charged a fee.

A common question that comes up is: “Can I file bankruptcy without my spouse?”

The Answer, Yes. If you are a married couple you may file as an individual or as a couple.

If an individual files, the non-filing spouse’s credit will not be impacted by the bankruptcy filing of his or her spouse.  If you are filing as an individual and you are married you should watch out, because if there is joint debt (with both husband and wife’s name on the debt) the bankruptcy filing of one spouse will leave the non-filing spouse on the hook for the entire balance on the loan.