First, you can try talking to your creditors; explain your situation and request a lower monthly payment. If that doesn’t work you should consult a bankruptcy attorney. Although it may not seem like the ideal situation, bankruptcy can help you lock in a payment you can afford without having to request permission from your creditors.
Plus, bankruptcy isn’t a horrific nightmare as its reputation suggests. A chapter 13 bankruptcy is very similar to a debt consolidation program, except your monthly payments are determined based on what you can afford, not the size of your debts.
The debt you owe is a legal agreement between you and your creditor. If you pay less than you owe, without creditor agreement, your account will go into default. This means your creditor can take action against you to collect on your debt (e.g. lawsuits, repossessions, wage garnishments, bank account levies, etc.).
As a first step you can request a lower monthly payment from your creditors if you are unable to keep up with the full monthly payments due. Remember this is a request; creditors do not have to agree or comply with any plan you are proposing. For this reason there are certain practices you should follow in order to have your request considered:
All you can do is ask; creditor participation is completely voluntary. If they refuse to accept your plan you will have to seek an alternative method for reducing your minimum monthly payment.
Contrary to popular belief, bankruptcy can help you out of financial trouble without ruining your life. In fact, a Chapter 13 bankruptcy is very similar to a debt management program but with more valuable benefits for you.
The most important, relative to lowering your monthly payments, is that your income and expenses are taken into account when calculating your monthly payment. Your monthly payment will be affordable and you will have money left after making your debt payment to buy groceries for dinner.
Secondly, you will not have to extend your payment timeline or raise your interest rate in order to reach an agreement with a creditor. Your repayment period is a fixed interval of three or five years and any unpaid debt at the end of that period is eliminated, tax-free.
Additional Chapter 13 benefits:
If you would like to find out more about the Chapter 13 bankruptcy process and benefits or you think it might be right for you, request a free, no-obligation bankruptcy consultation from our experienced bankruptcy attorneys.