Why Credit Card Debt Grows

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Why Credit Card Debt Grows

Would it surprise you to learn that credit card companies don’t want you to pay your entire bill every month, that they make money-lots of it-when you don’t pay, or that credit card debt is one of the major reasons people file for bankruptcy?
Getting into credit card debt is much too easy. All you need to do is take a vacation, go on a shopping spree, dine out at expensive restaurants, any or all of those things that are so easy to do when you only need to pull out a piece of plastic to pay, even easier when you have lots of pieces of plastic to use.
And, since credit card companies don’t insist that you make more than a “minimum” payment, those costs can drag on for months, even years, mounting insistently as interest kicks in, and maybe a late payment or two adds not only a late payment fee but can boost the interest rate on that card and, possibly, on your other credit cards, as well. Without using a card one more time, your debt can keep growing.
How? Interest and fees mount up. Over time, those interest, late fee and over-limit penalties can surpass the original debt. That’s one way banks and credit companies make money. But they profit in other ways. You might compare, for instance, the interest these banks charge on your credit card debt with what they pay in interest on checking and savings accounts. The balance is in the banks’ favor, typically something like a whooping 14 percent for them to 2 percent or less for you.
How do you avoid the credit trap and its costs? The easy answer is to pay your entire bill, or as much as you can, on time. On time, in this case, means early, since there are enough documented cases where payments were not recorded until “late” and late fees and extra interest were added, escalating the total amount owed. Some advisors suggest either electronic transfers to pay a bill or, if using the mail, a return receipt to document when the payment was received.
There is a way to beat the system and still use credit cards. That is to get rid of your credit card debt, then figure out how much you can spend each month and don’t go above that figure. Don’t fall for the gimmicks and special offers that flood the mail, the zero percent, discounts, rebates and all the rest, and, above all, read all the fine print carefully. With careful planning, credit cards don’t need to cost anything, even an annual fee.

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Credit Cards: Debt Made Easy

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Credit Cards: Debt Made Easy

Not many years ago, people didn’t buy when they couldn’t pay. Today, things are different. People do buy when they can’t pay. Instead of reaching for the wallet or checkbook, then making sure they have enough money to cover the cost, they take out a piece of plastic-usually one of many-sign a slip and walk away with the purchase, forgetting about the cost until the monthly bill arrives.
Then, if they can’t pay the entire bill, they pay only a bit, deferring the full cost, sometimes for months and years, adding interest and other fees along the way. As far too many people can testify, eventually interest and fees can add up to more than the cost of the original purchase. Multiply that by a pocket-full of cards and you have trouble.
Credit cards have become such an essential part of today’s life, though, that you almost can’t manage without one. Credit cards are required to rent cars, reserve hotel rooms, buy airline tickets, shop on line or by phone, even, in many areas, to open a bank account.
They are so familiar, and so widely used, that many people don’t stop at one or two, especially when bombarded with offers for cards with low interest rates, rebates, points toward purchases or airline miles. No source seems to keep an up-to-date count of just how many credit cards are in use or how many different cards people have, but one study by the credit reporting agency Experian showed that more than half of the population has two or more cards and some 14 percent have ten or more cards.
Another survey, by the National Foundation for Credit Counseling, documented the growth of credit card debt from an average household monthly balance of just under $3,000 in 1990 to $8,500 in 2003. At the time the credit limit for the 475 million cards then in circulation approached $2 trillion.
Buying on credit has a long history, but the use of actual cards began in the late 1930s when companies started accepting cards from other companies, at the time mainly for selling gasoline to automobile owners. Diners Club issued the first general purpose card in 1950, followed quickly by American Express and Carte Blanche. These early cards were, more aptly, “charge” cards than “credit” cards, for the entire amount was due with each statement.
Using “credit” to pay only part of the bill each month started in the late 1950s when the Bank of America launched the BankAmericard, forerunner of the Visa system. Next was MasterCard, established by a group of banks that issued credit. No longer tied to a local bank, credit cards gained quick popularity, especially with a mobile population that could now travel, and purchase, without taking credit and funds with them.
Since then, the numbers and types of cards have proliferated. Popular variations include Co-Brand and Affinity cards, many of which have a reward system-cash back, discounts, airline miles, points toward car rentals or hotel rooms, etc.-or the promise of a percentage being returned to the Affinity group, often a university. The combinations led to more card usage, and more easy debt.

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When, Why, and Why Not, Should You Consider Bankruptcy?

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When, Why, and Why Not, Should You Consider Bankruptcy?

The idea of declaring bankruptcy, wiping out certain debts or repaying them over time with court protection-no more hassles or nasty phone calls from menacing creditors–and then moving on more or less debt free has undeniable appeal to anyone faced with overwhelming debt.
But be careful. Compelling as it may sound, bankruptcy has a lingering and far-reaching impact that touches every aspect of life. Bankruptcy ruins credit, makes it difficult, if not impossible, to keep bank accounts and credit cards, can take some valued, and valuable, possessions, and makes it difficult to get on with necessities of life such as buying or renting a home or car, getting insurance and finding a job.
In fact, most financial advisors look at bankruptcy as a desperate last resort, when budgeting, credit counseling and other efforts to get out of debt have failed, and then only with the advice and guidance of an experienced bankruptcy attorney.
There are two basic types of personal bankruptcy, Chapter 13. Each must be filed in federal bankruptcy court, but certain conditions must be met before filing for bankruptcy under either chapter. The moment you file a bankruptcy case, an immediate automatic restraining order kicks in and gives you protection from the relentless creditor.
You must get credit counseling at your own expense from a government-approved organization (list available at http://www.usdoj.gov/ust/eo/bapcpa/ccde/de_approved.htm) within six months before you file and you must satisfy a “means test” to confirm that your income does not exceed a specified amount. That amount differs by state (also available at http://www.usdoj.gov/ust/eo/bapcpa/meanstesting.htm).
The world of bankruptcy under the Code was overhauled drastically in late 2005 to encourage people with a steady income to use Chapter 13 instead of Chapter 7. Chapter 13 allows those with a steady income to keep certain property, like a home with a mortgage or a car that might be lost during the bankruptcy process. Under Chapter 13, the court approves a repayment plan where you give up part of your future anticipated income to pay some or all of what you owe, rather than surrendering property. In return, certain debts must be repaid. These include overdue school loans, child support, taxes, car loans, and home mortgage payments and, in some cases, all of your debts.
Chapter 7 allows you to “discharge,” in effect to erase almost all of your debts. A trustee is appointed to collect non-exempt property, sell it, and dole out the proceeds to your creditors. This is not an absolute solution: certain debts, among them past due child and spousal support, may not be excused; you risk losing your property; and, if you had transferred property to avoid the loss, some transfers can be undone. Unlike Chapter 13, there is no filing of a repayment plan with the court
Chapter 7 and Chapter 13 filings are administered by someone known as a trustee. The bankruptcy trustee, appointed by the US Department of Justice, investigates the financial affairs of each debtor, can sell non-exempt assets, and convenes a “meeting of creditors” about a month after a case is filed. Each bankruptcy case is assigned a judge who makes rulings if called upon. Lawyers are not required, but you may want an seasoned bankruptcy lawyer to advise you about when to file and to guide you through the complex, heavy-paperwork process.
Chapter 7 usually takes about three months to complete but the case stays on your credit report for 10 years. Chapter 13 lasts from three to five years, depending on your circumstances, and remains on your credit record for seven years. Before discharge of the case under either chapter, you must receive certification for a completed course in financial management from an approved counseling agency.

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What is a reaffirmation agreement?

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What is a reaffirmation agreement?

A reaffirmation agreement is a contract between you and the creditor that you will pay all or a portion of the money owed, despite the bankruptcy filing. In return for keeping your property after the bankruptcy, the creditor promises that, as long as payments are made, the creditor will not repossess or take back the property.

Before entering into such an agreement, ask an attorney to ensure that your rights are protected and that any reaffirmation is in your best interest. If you are not represented by an attorney in your bankruptcy case, the reaffirmation agreement will have to be approved by the bankruptcy judge. The judge will ask questions to determine whether the reaffirmation agreement imposes an undue burden on you or your dependants and whether it is in your best interests. Since reaffirmed debts are not discharged, the bankruptcy court will normally only reaffirm secured debts where the collateral is important to your daily activities (i.e., a car). In any case, you’ll have a cooling-off period in which to cancel the reaffirmation agreement if you change your mind.

Reaffirmation agreements are strictly voluntary. They are not required by the Bankruptcy Code or other state or federal law.

(Reviewed 11.14.08)

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My creditor is attempting to collect on a discharged debt. What can I do?

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My creditor is attempting to collect on a discharged debt. What can I do?

If a creditor attempts collection efforts on a discharged debt, you can file an action with the court, reporting the action, and asking that the case be reopened to address the matter. The bankruptcy court will often do so to ensure that the discharge is not violated. The discharge constitutes a permanent statutory injunction prohibiting creditors from taking any action, including the filing of a lawsuit. A violation by the creditor is civil contempt, which is often punishable by a fine. The collector, but not the creditor, may violate the Fair Debt Collection Practices Act.

(Reviewed 11.14.08)

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Freeing me from my debts in bankruptcy is in exchange for losing some of my possessions. How does that work?

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Freeing me from my debts in bankruptcy is in exchange for losing some of my possessions. How does that work?

The Bankruptcy Law determines which assets of the bankrupt individual are turned over to the trustee.

The federal Bankruptcy Code provides that you can protect some property from the claims of creditors either because it is exempt under federal bankruptcy law or because it is exempt under the laws of your home state. You get to keep the exempt property. In a Chapter 7 case, the trustee will take any property that is not exempt and sell it to pay off creditors. (The “exempt” and “nonexempt” classification has no effect under a Chapter 13 bankruptcy, since a repayment plan is used to pay your debt obligations.)

Many states have taken advantage of a provision in the bankruptcy law that permits each state to adopt its own exemption law in place of the federal exemptions. In other jurisdictions, you have the option of choosing between federal exemptions or exemptions available under state law. Though the types of property that are exempt may be similar under both federal and state law, the value of the asset that can be excluded differs widely. If you are married filing jointly, both spouses must make the same exemption election.

(Reviewed 11.14.08)

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What is a hardship discharge in a Chapter 13 bankruptcy?

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What is a hardship discharge in a Chapter 13 bankruptcy?

There are limited circumstances under which the debtor may request the court to grant a “hardship discharge” in a Chapter 13 case even though the debtor has failed to complete plan payments. Generally, such a discharge is available only to a debtor whose failure to complete plan payments is due to circumstances beyond the debtor’s control, and through no fault of the debtor, after creditors have received at least as much as they would have received in a Chapter 7 case and when modification of the plan isn’t feasible. Injury or illness that precludes employment sufficient to fund even a modified plan may serve as the basis for a hardship discharge.

Consult with an attorney in order to determine if a hardship discharge makes sense in your individual situation different bankruptcy judges across the country apply different standards as to what “hardship” means. Your attorney will know how the bankruptcy court in your area views “hardship.”

(Reviewed 11.14.08)

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Which debts are discharged in bankruptcy?

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Which debts are discharged in bankruptcy?

The most common debts that you may get rid of are:

(1) utility bills

(2) some court judgments

(3) credit and charge card bills

(4) department store and gasoline company bills

(5) loans from family and friends

(6) newspaper and magazine subscriptions

(7) legal, medical and accounting bills,

(8) most unsecured loans (e.g., debts for which there is no collateral)

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How are debts classified in bankruptcy?

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How are debts classified in bankruptcy?

Debts are divided into two categories: dischargeable and non-dischargeable. Dischargeable debts are those that the debtor is no longer personally liable to pay after the bankruptcy proceedings are concluded. Non-dischargeable debts are those that are not canceled because of the bankruptcy proceeding. This means that you are still responsible for paying, whether you declare or do not declare bankruptcy.

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What is a discharge in bankruptcy?

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What is a discharge in bankruptcy?

A “discharge” in bankruptcy means that you are legally free and clear of any obligation to repay certain debts; they are gone. The creditor no longer has any right to collect that debt. The debtor no longer has any obligation to repay it.

The timing of the discharge varies, depending on the chapter under which you file. In a Chapter 7 bankruptcy, for example, you normally receive a discharge just a few months after the petition is filed. In a Chapter 13 bankruptcy, the discharge typically occurs when you have successfully finished the payments you agree to make under your plan.

(Reviewed 11.14.08)

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