Dealing with debt – when to negotiate, consolidate or walk away?

 

Why am I starting off the year talking about debt? My hope is that if you do have debt I can help you start the year with a New Year’s resolution to face and to deal with your debt issues. To get a better fix on the issues and options that are plaguing so many people these days, I turned to JEENA CHO (www.jclawgroup.com), a well-respected San Francisco bankruptcy attorney, for her take on some of the more common strategies that have arisen as result of today’s difficult economy.• Debt Negotiation – It is possible to negotiate a settlement on your debts. For example, consider the case of a husband who did not pay the debt he had been assigned in a divorce. He declared bankruptcy making the wife liable for the joint debt. She was able to negotiate an $8,000 liability down to $1,000. A more typical reduction in today’s environment would be 50%.

According to Jeena, the best candidates for debt negotiation are those individuals with few creditors and the cash available to make a lump sum settlement. But consider — debt that is forgiven may be considered taxable income. Consider also that if you hire an attorney to negotiate at an hourly rate, there is no guarantee that they will be successful. It’s a little like gambling. You need to know how long to keep paying attorney fees in the hope of reducing your debt. You may also turn to a debt consolidation company. I’m sure you’ve heard their advertisements. If the company is not paid by an hourly rate, its fee is based on a percentage of debt reduced. You should avoid any company that requires an upfront fee which is typical of the prevailing scams.

One issue that comes up in negotiating debt is the effect it will have on your credit rating. To answer this question, I spoke to a number of mortgage brokers. I was discouraged as not only did several not answer the question, but more than one mortgage broker suggested that you refinance and roll up credit card debt as part of a new mortgage(s). IF YOU GET NOTHING ELSE FROM THIS EZINE, PLEASE DO NOT CONVERT UNSECURED CREDIT CARD DEBT TO DEBT SECURED BY YOUR HOME. The mortgage broker who did answer my question explained that the credit score was determined by multiple factors and that it wasn’t really possible to predict the long-term effect without a lot more information.

• Debt Consolidation/Debt Management Plans –  If you have too much debt, or you are unable to make a lump sum repayment, you can have a credit counseling agency enroll you in a debt management plan. Depending upon the creditor, interest rates may be lowered, and fees may be waived. Here’s how it works: the credit counseling agency receives payment from you and makes payments to the creditor based upon the payment plans they have negotiated with your creditors. Again, be careful which agency you choose. Look for certified counselors, with government agency endorsements from the Department of Housing and Urban Development (HUD) or the California Department of Consumer Affairs, as well as membership in national credit counseling associations. You should pay no more than $35 – $100 per month for this service, depending upon the number of creditors.

And what about your credit rating when you choose debt management? Once again, there are no definite answers. It depends upon how the creditors note the reduced payment. Some creditors will note the consolidated payment as “late” or “payments administered by a credit counseling agency,” which will negatively impact your credit report, or as “current” because they re-aged your account which will impact your report positively. If you’ve missed payments in the past or have been late in making payments, the overall impact on your report might be positive.

• Debt Elimination – One increasingly popular way to handle debt is to declare bankruptcy. It’s a complex issue and will be discussed in the next ezine(s) along with credit repair.

As a final note, I can report that many of my recent clients have had the resources or potential income to establish a successful debt reduction plan or consolidation. Even if you are in this enviable position, I would be concerned if in your eagerness to rid yourself of debt, you don’t leave yourself with an adequate emergency fund or enough cash on hand, or that you rob your retirement funds. Bottom line — even if you do have a debt reduction plan, it should be viewed in relation to your total financial plan, which is why you should include a financial planner in your debt management team.

Both Jeena Cho and I are available for complimentary consultations to determine if we can be of assistance. One fact concerning this difficult issue is that the sooner you act the better, so do get in touch as soon as possible.

Tax Preparation – Are you an individual or small business owner who typically does their taxes and would prefer not? Are you concerned about the thoroughness of the preparation and the attention to detail? If so, let Celeste, along with a local CPA who will review the returns, prepare your tax return this year.

Making sense of mayhem, your portfolio at a glance

 

Are your ready to get your head out of the sand and face that 201(K) that you once called your 401(K)? In my last e-zine, the subject was “Controlling What You Can in Uncertain Times – Cash Flow as Your Financial Foundation.” Hopefully, I have given you some insights into how you might stabilize the one area of your personal finances that you are most able to control. Now let’s face one aspect of your personal finance you can’t control – the markets.   READ MORE

The $5,800 – $11,600 tax deduction you could be missing

Why Health Savings Accounts (HSA)s Look Better than Ever Since I entered the insurance business in 1983, I have never seen so little information available to buyers on such an important decision as health care. I teach insurance planning, for goodness sakes, and even I have trouble rooting out critical issues in my own Blue Shield policy.To put it bluntly — buyers beware. And be educated! READ MORE

Annuities…the evil step mother of the investment community just may be cinderella for some retirees

 

I have found investment advisors who swear by annuities and other investment advisors that just plain swear when you use the (A) annuity word. And in defense of the latter, they are asked to unwind purchases with high expense loaded annuities that charge a second load to get out of the contract. And typically surrendering the annuity is necessary. The annuity is illiquid and the entirety of the client’s investment portfolio was placed in the annuity. So the client paid too much and now has no access to their money. That left a crowd of advisors to sing the praises of the annuity, “They accumulate tax deferred.” And “You may even be able to guarantee the cash flow.” READ MORE

Hidden costs and lost deductions

As you may or may not remember, I do some tax preparation. I say “some” as I just began doing individual income tax preparation last year. Well, this year I had the opportunity to do the taxes of a retiree with significant assets and investment income. And as I saw the total tax liability rise, I began to look for deductions. Finally it struck me that there must be some offsetting investment expenses.

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When an insurance policy does double duty

There was a time that financial planning meant a talk on the back porch with a family elder. And today, financial planning means getting the assistance of a professional. And the trick seems to be finding the right type of professional as well as someone you can trust and understand. Some times you need the specialist and some times you need a more comprehensive approach.

Let me give you an example. READ MORE