Chapter 3

Using Loans and Paying Down Debts

IN THIS CHAPTER

check Understanding the best uses for debt

check Tackling the dreaded student-loan debt

check Planning strategies for paying off credit-card debt

check Seeking relief from extreme debt

Borrowing money and taking on debt is like using a chainsaw. With proper training and safety precautions, a chainsaw can be a useful tool. In the hands of an insufficiently trained user or when used in the wrong situations, this useful tool can do serious damage. The same can be said for borrowing money. Used sensibly, loans can help you accomplish important goals and boost your net worth over time. Unfortunately, taking on debt can also cause problems: living beyond your means, borrowing against your future earnings, and lowering your longer-term net worth. Too much debt and the wrong kind of high-cost debt can also cause personal stress.

In this chapter, I help you understand the best uses for loans and what debts to avoid. I also explain how to deal with student-loan debt and how to conquer the all-too-common problem of consumer debt.

Eyeing the Causes of Generational Debt

For a number of years now, it has been argued that young adults are under pressures that lead them to dig deeper into debt than prior generations. The reasons cited for this generational debt have typically included

  • High costs of college: Annual increases in the costs of a college education have far outstripped the increases in general prices of other products and services. The price of some private colleges now is nearly $70,000 per year!
  • Stagnating incomes and job prospects: Most industries and companies compete in an increasingly global economy. And, the Internet has undermined and disrupted numerous retailers and other industries, causing incomes in those businesses to stagnate.
  • High housing costs: The 1990s and most of the 2000s saw rising housing prices, which priced many entry-level buyers out of their local markets.
  • College campus credit-card promotions: The availability and promotion of credit cards is a big problem. Credit cards are tempting to use during college when your income is minimal or nonexistent. On many college and university campuses, banks are allowed, through payment of large fees to the educational institution, to promote their credit cards. This practice and credit cards offering rewards are getting more and more young adults hooked on credit cards at younger ages.
  • More temptations to spend money: Never before have so many temptations existed for spending money through so many outlets. In addition to the ubiquity of places to shop both nearby and online, people are bombarded with ads everywhere.

Most of these reasons for incurring generational debt are valid. However, take a look at both sides of the Internet revolution. While it’s true that the Internet and associated online companies such as Amazon have disrupted many businesses and industries, consumers who know how to shop wisely have often benefitted in terms of having more goods and services conveniently available to them at lower prices. Also, many technology-related companies have grown and expanded and been able to pay their workers well.

remember You may encounter some or all of these debt traps during your 20s and 30s. Remember that you’ll always face things in life that you can and can’t control. If you’re aware of these land mines and can discern the difference between what you can’t control and what you can constructively do to contain your spending and debt, then you’re on the right track. If certain venues or situations or people tempt you to overreach, then avoid them. The rest of this chapter can help.

Making the Most of Loans

Not all debt is bad. In fact, some debt can help you better your life and improve your financial situation in the long run. Taking out a loan for the right reasons can make good financial sense because you’re making an investment. Loans for your education, for buying or starting a small business, or for purchasing real estate can give you a return on your investment. Furthering your education, for example, can increase your income-earning ability. Borrowing to invest in a good piece of real estate or a small business should pay off over the years as well. Despite the potential, however, there’s no guarantee that you’ll earn a return above and beyond your loan’s interest costs. Money may get spent and borrowed on the wrong type of education or an inferior real-estate property, for example.

warning Borrowing and taking on debt for consumption — such as for buying a new car, new furniture, or electronics, or for a costly vacation trip — isn’t a good financial idea because such borrowing encourages living beyond your means. And the interest on this so-called consumer debt is generally not tax-deductible and carries a higher rate than the interest on mortgage debt. (Check out the section “Working Off Consumer Debt” later in this chapter for tips on how to eliminate such costly loans.)

Dealing With Student-Loan Debt

Higher education can cost big bucks. And as you read this book, it’s possible that you may not even be done with this too-often-costly process. Whether it’s finishing a degree or returning to school for some continuing education, you may have education expenditures, perhaps significant ones, in your future.

And, whether all those education costs are behind you now or not, paying off student loans is probably in your future if you’re like most young adults. So, this section will help you to pay off those loans in a manner that best fits with your overall financial situation and that minimizes costs.

Tracking your student loans and making timely payments

You may have multiple types of loans with different loan servicers. It’s your responsibility to keep track of them, provide changes of address as necessary, and pay them on time. All your federal student loans can be found through the National Student Loan Data System (www.nslds.ed.gov).

tip Signing up for automatic electronic payments can knock ¼ percent or more off of the interest rate on your student loans. And, autopayment on your loans will keep you current on those loans, benefit your credit score, and eliminate the chance of getting hit with late fees.

If you fall on hard times (for example, you get laid off from your job) and can’t make a payment, communicate with your loan servicer and request a deferment. While your deferment request may be turned down if your circumstances are deemed not severe enough, you may qualify for forbearance, during which interest continues accumulating on your loans but you stop making payments for up to one year. If you fail to get in touch and communicate with your loan servicer when you’re having problems making payments, your credit report will show that you are deliquent on your loans and your credit score will suffer greatly (see Chapters 1 and 4 for more about credit scores).

Prioritizing the payback of student loans

How fast you pay back student loans should be a function of a number of factors. First, if you plan on doing more schooling and possibly applying for any type of financial aid, it generally makes sense to pay the minimum possible on your loans; the more debt you have outstanding, the better positioned you will be to see your future education bills reduced. You can see your repayment options on the website, studentaid.ed.gov/sa/repay-loans/understand/plans#estimator.

You should be aware of another quirky feature of federal student loans if you’re contemplating working for certain nonprofit or public-sector employers. The Public Service Loan Forgiveness Program may help wipe out your remaining federal student debt after you’ve made ten years of repayments if you work for a qualifying employer such as the federal, state, or local government or a nonprofit organization covered under Section 501(c)(3) of the Internal Revenue Code, or if you’re serving in a full-time AmeriCorps or Peace Corps position. See studentaid.ed.gov/sa/repay-loans/forgiveness-cancellation/public-service for more information.

When weighing which student loans to pay back faster, you should consider the interest rate on your loans. If you have extra cash and would like to pay back your loans faster, start with the ones with the highest interest rate. If the overall interest rates on your student loans are relatively low, don’t miss out on the tax benefits you can earn by funding a retirement savings account, especially if that retirement account offers you free matching money from your employer.

tip If you’re sure you are finished with your higher education and associated costs and are debating paying down your student loans faster than required versus investing your extra cash, do a comparison of the interest cost on your most costly loans versus the likely investment returns if you were to invest that money. (The rules governing the tax-deductible amount of your student-loan interest are covered in the next section.) If your student loan interest is 4 percent and you are reasonably confident that you can earn, say, 6 to 8 percent by investing your extra cash, you could go for the investment.

Using education tax breaks

Whether you are finished with your higher education or not, be sure you understand and maximize your use of the U.S. federal government tax benefits relating to those costs. Here’s a summary of key provisions you should know about:

  • Student-loan interest deduction: You may take up to a $2,500 federal income-tax deduction for student-loan interest that you pay on IRS Form 1040 for college costs as long as your modified adjusted gross income (AGI) is less than or equal to $65,000 for single taxpayers or $135,000 for married couples filing jointly. (Note: Your deduction is phased out if your AGI is between $65,000 and $80,000 for single taxpayers or between $135,000 and $165,000 for married couples filing jointly.) Loans must be for qualified education expenses at an eligible higher educational institution such as a college, university, vocational or technical school, or other post-secondary educational institution eligible to participate in student-aid programs overseen by the U.S. Department of Education. The student using the loan must be enrolled at least half-time in a degree program.
  • Tax-free investment earnings in special accounts: Money invested in so-called section 529 plans is sheltered from taxation and is not taxed upon withdrawal as long as the money is used to pay for eligible education expenses. Subject to eligibility requirements, 529 plans allow you to sock away $200,000+. Please be aware, however, that funding such accounts may harm your potential financial aid.
  • Tax credits: The American Opportunity (AO) credit and Lifetime Learning (LL) credit provide tax relief to low- and moderate-income earners facing education costs. The AO credit may be up to $2,500 per student per year of undergraduate education, while the LL credit may be up to $2,000 per taxpayer. Each student may take only one of these credits per tax year, and they are subject to income limitations. And in a year in which a credit is taken, you may not withdraw money from a 529 plan or take a tax deduction for your college expenses.

A number of so-called miscellaneous education and career-related expenses are deductible on IRS Form 1040 Schedule A. These include

  • Educational expenses: You may be able to deduct the cost of tuition, books, and travel to and from classes if your education is related to your career. Specifically, you can deduct these expenses if your course work improves your work skills. Courses required by law or your employer to maintain your position are deductible if you pay for them. Continuing education classes for professionals may also be tax deductible. Note: Educational expenses that lead to your moving into a new field or career aren’t deductible.
  • Job searches and career counseling: After you obtain your first job, you may deduct legitimate costs related to finding another job within your field. You can even deduct the cost of courses and trips for new job interviews — even if you don’t change jobs. And if you hire a career counselor to help you, you can deduct that cost as well.

Weighing the costs and benefits of education expenditures

If you are considering more higher education, it is imperative to weigh what this education will actually enable you to do in the workforce. Simply spending more on education may not be the answer.

Americans spend a lot of money on obtaining traditional college degrees. Yet, a good number of students fail to graduate with the education and training that they need to secure good, available jobs. A survey of those (especially young adults) currently unemployed and underemployed supports these concerns. There are good quality job openings, but the young adults available to work lack the proper training and educational background to do those jobs.

Simply put, too much money is wasted on higher education that is failing to train young adults to qualify for the best available jobs.

Just as government programs encouraged and enabled excessive mortgage borrowing and contributed to a housing bubble in the late 2000s, the same is happening with higher education.

tip When considering an advanced or undergraduate degree, try as best you can to research the value of particular colleges and degree programs. There are numerous resources for doing this. Among those which I’ve reviewed and found useful are the following:

  • Forbes’ “Best Value Colleges” ranking compares and ranks colleges and universities based upon costs, school quality, post-grad earnings, student debt loads, and graduation success. Visit www.forbes.com/value-colleges/list.
  • Georgetown University’s Center on Education and the Workforce produces “The Economic Value of College Majors” using Census Data to analyze wages for 137 college majors, the majors most likely to lead to an advanced degree, and the economic benefit of earning an advanced degree by undergraduate major. See cew.georgetown.edu/cew-reports/valueofcollegemajors.
  • PayScale, the large online salary and benfits information collector, ranks colleges and majors on a return-on-investment basis over 20 years. Visit www.payscale.com/college-roi.

Making the most of student loans, grants, and other financial aid

If you’re still in school or considering going back to school, a host of financial-aid programs, including a number of loan programs, allow you to borrow at reasonable interest rates. Most programs add a few percentage points to the current interest rates on three-month to one-year Treasury bills. Thus, current rates on educational loans for students are in the vicinity of rates charged on fixed-rate mortgages (parent loan rates are a little higher). The rates are also capped so the interest rate on your student loan can never exceed several percent more than the initial rate on the loan.

A number of loan programs, such as unsubsidized Stafford Loans and Parent Loans for Undergraduate Students (PLUS), are available even when your family is not deemed financially needy. Only subsidized Stafford Loans, on which the federal government pays the interest that accumulates while the student is still in school, are limited to students deemed financially needy.

warning Most loan programs limit the amount that you can borrow per year, as well as the total you can borrow for a student’s educational career. If you need more money than your limits allow, PLUS loans can fill the gap: Parents can borrow the full amount needed after other financial aid is factored in. The only obstacle is that you must go through a credit qualification process. Unlike privately funded college loans, you can’t qualify for a federal loan if you have negative credit (recent bankruptcy, more than three debts over three months past due, and so on). For more information from the federal government about these student-loan programs, call the Federal Student Aid Information Center at 800-433-3243 or visit its website at studentaid.ed.gov.

If you (or your parents) are homeowners, you may be able to borrow against the equity (market value less the outstanding mortgage loan) in your property. This option is useful because you can borrow against your home at a reasonable interest rate, and the interest is generally tax-deductible on up to $100,000 borrowed. Some company retirement plans — for example, 401(k)s — allow borrowing as well.

Parents are allowed to make penalty-free withdrawals from individual retirement accounts if the funds are used for college expenses. Although you won’t be charged an early-withdrawal penalty, the IRS (and most states) will treat the amount withdrawn as taxable income. On top of that, the financial-aid office will look at your beefed-up income and assume that you don’t need as much financial aid. Because of these negative ramifications, funding college costs in this fashion should only be done as an absolute last resort.

tip In addition to loans, a number of grant programs are available through schools, the government, and independent sources. You can apply for federal government grants via the Free Application for Federal Student Aid (FAFSA). Grants available through state government programs may require a separate application. Specific colleges and other private organizations (including employers, banks, credit unions, and community groups) also offer grants and scholarships.

One of the most important aspects of getting financial aid is choosing to apply, even if you’re not sure whether you qualify. Many scholarships and grants don’t require any extra work on your part — simply apply for financial aid through colleges. Other aid programs need seeking out — check directories and databases at your local library, your high-school counseling department, and college financial-aid offices. You can also contact local organizations, churches, employers, and so on. You have a better chance of getting scholarship money through these avenues.

Benefits for military people

Special student-loan benefits are available to those who serve in the U.S. military. If you have student loans and then join a branch of the U.S. military (except the Marines), up to one-third of the amount you borrowed or $1,500 per year of service, whichever is greater, may be forgiven. There’s a reimbursement limit of up to $10,000 for the Air Force and $65,000 for the Army and Navy.

Numerous educational assistance programs are available for those who serve while in college or go to college after serving. See www.military.com/education/money-for-school for details by branch of the military, as there are many programs and they vary by branch.

Working Off Consumer Debt

Assuming you aren’t saving money, you accumulate consumer debt (credit-card debt, auto loan debts, and so on) when your expenses exceed your income. Therefore, it stands to reason that to pay off consumer debt, you need to decrease your spending (see Chapter 5) and/or increase your income. Slowing down the growth of your debt can also assist. The following sections help you jump-start the elimination of your consumer debt.

Kicking the credit-card habit

It’s fine to use your credit cards as a convenient payment method — and possibly to earn benefits and rewards — if you pay your bill in full each month and don’t spend more due to having the cards. I’ve used them my entire adult life and also have reward cards that provide me with free and discounted airline tickets and hotel stays.

However, with their wide acceptance by merchants and their ease of use, having credit cards can foster living beyond your means by extending credit. That’s why I recommend that you cut up all your credit cards and call the card issuers to cancel your accounts if you have a habit of accumulating debt on credit cards.

You can manage your finances and expenditures without having a credit card. Now, if you can trust yourself to be responsible, keep one credit card only for new purchases that you know you can absolutely pay in full each month. But if you decide to keep one widely accepted credit card instead of getting rid of them all, be careful. You may be tempted to let debt accumulate and roll over for a month or two, starting up the whole horrible process of running up your consumer debt again. Even better than keeping one credit card is getting a debit card (see the next section).

tip If you’re not going to take my advice to get rid of all your credit cards or secure a debit card (discussed in the next section), be sure to keep a lid on your credit card’s credit limit (the maximum balance allowed on your card). You don’t have to accept a higher limit just because your bank keeps raising your credit limit to reward you for being such a profitable customer. Call your credit-card service’s toll-free phone number and lower your credit limit to a level you’re comfortable with. Also ask your card-issuing bank not to automatically raise that limit in the future when you’re deemed eligible for an increase.

Discovering debit cards: Convenience without credit temptation

Just because you get rid of your credit cards doesn’t mean you have to always pay by check or cash. Enter the debit card, which offers you the convenience of making purchases with a piece of plastic without the temptation or ability to run up credit-card debt. A debit card looks just like a credit card with either the Visa or MasterCard logo. Debit cards have the following characteristics, which are different from credit cards:

  • Deduction from your checking account: As with checks, debit-card purchase amounts are deducted electronically from your checking account within days. By contrast, if you pay your credit-card bill in full and on time each month, your credit card gives you free use of the money you owe until it’s time to pay the bill.
  • Potential for overdrawing your checking account: If you switch to a debit card and you keep your checking-account balance low and don’t ordinarily balance your checkbook, you may need to start balancing it. Otherwise, you may incur an overdraft (an attempt to withdraw more money than is available in your checking account) and unnecessary overdraft fees (fees charged when you overdraw your account). Overdraft protection may be worth considering, but beware of the temptation to use that as an ongoing, high-interest credit line on balances borrowed, similar to a credit card.
  • Shorter window of time for making disputes: Credit cards make it easier for you to dispute charges for problematic merchandise through the issuing bank. Most banks allow you to dispute charges for up to 60 days after purchase and will credit the disputed amount to your account, pending resolution. Most debit cards offer a much shorter window, typically less than one week, for making disputes. (Despite widespread misperception, personal debit cards have identical fraud protection as personal credit cards.)

tip If you don’t already have a debit card, ask your current bank whether it offers Visa or MasterCard debit cards. If your bank doesn’t offer one, shop among the major banks in your area, which are likely to offer such debit cards. As debit cards come with checking accounts, do some comparison shopping between the different account features and fees. Check out Chapter 11 for more information about finding the right bank for you.

Also check out getting a Visa or MasterCard debit card with the asset-management accounts offered by investment firms. Asset-management accounts basically are accounts that combine your investments, such as stocks, bonds, and mutual funds, with a transaction account. One drawback of these accounts is that most of them require fairly hefty minimum initial investment amounts — typically $5,000 to $10,000. Among brokerages with competitive investment offerings and prices are TD Ameritrade (800-934-4448; www.tdameritrade.com) and Vanguard (800-992-8327; www.vanguard.com).

Lowering the interest rate on consumer debt

If you do have credit-card debt, you can slow its growth until you get it paid off by reducing the interest rate you’re paying. Here are some methods for doing that:

  • Stop making new charges on cards that have outstanding balances while you’re paying down your credit-card balance(s). Many people don’t realize that interest starts to accumulate immediately when they carry a balance. You have no grace period, the 20 or so days you normally have to pay your balance in full without incurring interest charges, if you carry a credit-card balance from month to month.
  • Apply for a lower-rate credit card. To qualify, you need a top-notch credit report and score (see Chapter 4), and not too much debt outstanding relative to your income. After you’re approved for a new, lower-interest-rate card, simply transfer your outstanding balance from your higher-rate card.

    tip See my website, www.erictyson.com, for an up-to-date list of good, low-rate cards.

investigate As you shop for a low-interest-rate credit card, be sure to check out all the terms and conditions of each card. Start by reviewing the uniform rates and terms of disclosure, which detail the myriad fees and conditions (especially how much your interest rate could increase for missed or late payments). Also understand how the future interest rate is determined on cards that charge variable interest rates.

Negotiating better rates from your current credit card

Rather than transferring your current credit-card balance onto a lower-interest-rate card (as mentioned in the preceding section), you can try to negotiate a better deal from your current credit-card company. Start by calling the bank that issued your current, high-interest-rate credit card and inform the bank that you want to cancel your card because you found a competitor that offers no annual fee and a lower interest rate. Your bank may choose to match the terms of the competitor rather than lose you as a customer. If it doesn’t, get that application completed for a lower-rate card.

Be careful with this strategy, and consider just paying off or transferring the balance without actually canceling the higher-interest-rate credit card. Canceling the card, especially if it’s one you’ve had for a number of years, may lower your credit score, especially in the short term. Just be sure not to run up new charges on the card you’re transferring the balance from.

Tapping investments to reduce consumer debt

If you have savings and investment balances available to pay off consumer debt, like high-interest credit-card debt and auto loans, consider doing so. Pay off the loans with the highest interest rates first. Although your savings and investments may be earning decent returns, the interest you’re paying on your consumer debts is likely higher. Paying off consumer loans on a credit card at, say, 14 percent is like finding an investment with a guaranteed return of 14 percent — tax-free. You’d actually need to find an investment that yielded even more — around 21 percent if you’re in a moderate tax bracket — to net 14 percent after paying taxes in order to justify not paying off your 14 percent loans.

The higher your tax bracket (explained in Chapter 6), the higher the return you need on your investments to justify keeping high-interest consumer debt. This discussion refers to investments in nonretirement accounts. Unless your tax bracket drops because of an extended layoff from work or from going back to school, withdrawing money from retirement accounts is costly because of the requirement to pay current federal and state income taxes on the amount withdrawn, not to mention early withdrawal penalties.

remember When using your savings to pay down consumer debts, leave yourself enough cash to be in a position to withstand an unexpected large expense or temporary loss of income.

Paying down balances

If you’ve been reading this chapter from the beginning, you know that I discuss numerous strategies for zapping your consumer debt. Let’s take the discussion to a deeper level. How do you handle paying down multiple consumer-debt balances? It’s really pretty simple after you implement the advice I give up until this point in the chapter.

After meeting the minimum required monthly payment terms for each loan, I strongly advocate that you channel extra payments toward paying down those loans with the highest interest rates first. The financial benefit of doing so should be obvious. If you have one loan at a 20 percent annual interest cost and another at an 8 percent annual interest cost, you’ll be saving yourself a 12 percent annual interest cost by paying down the higher-cost loan faster.

I’m amazed at the wrong-headed advice I continue to see on this topic, especially on the Internet. One guru with no discernible training in the financial-planning/personal-finance field advises that you rank your debt payments by their total outstanding balances and that you channel extra payments to those with the lowest total balance owed. The “theory” behind this is that the psychological boost from paying down smaller debts completely will lead you to keep paying down your other debts.

In my real-world experience as a financial counselor, I’ve found folks to be intelligent and more responsive to the psychological rewards of saving money. And you best save money by paying down your highest-interest debts first.

Getting Help for Extreme Debt

More drastic action may be required if you have significant debts or simply are overwhelmed with what to do about it. In this section, I discuss getting help from a credit counseling agency and the last-resort option of bankruptcy.

Seeking counseling

If you’re seriously in debt, you may consider a credit counselor. The ads for these agencies are everywhere. Although some of these organizations do a decent job, many are effectively funded by the fees that creditors pay them. Before you hire a credit counseling agency, make sure you do your research on the company.

investigate Put together a list of questions to ask to find a credit counseling agency that meets your needs. Here are some key questions you can ask:

  • Do you offer debt-management programs? In a debt-management program (DMP), a counseling agency puts you on a repayment plan with your creditors and gets paid a monthly fee for handling the payments. You should avoid agencies offering DMPs because of conflicts of interest. An agency can’t offer objective advice about all your options for dealing with debt, including bankruptcy, if it has a financial incentive to put you on a DMP.

    This creates a bias in their counsel to place debt-laden folks seeking their advice on their debt-management programs wherein the consumer agrees to pay a certain amount per month to the agency, which in turn parcels out the money to the various creditors. Agencies typically recommend that debtors go on a repayment plan that has the consumer pay, say, 3 percent of each outstanding loan balance to the agency, which in turn pays the money to creditors.

    warning Although credit counseling agencies’ promotional materials and counselors highlight the drawbacks to bankruptcy, counselors are reluctant to discuss the negative impact of signing up for a debt payment plan.

  • What are your fees, including setup and/or monthly fees? Get a specific price quote and contract in writing. Avoid any credit counseling service that charges a high upfront fee before it provides any services. And watch out if the service tells you to stop paying your bills; it may take your money and run while your credit gets ruined.
  • Are you licensed to offer your services in my state? You should only work with an agency licensed to operate in your state.
  • What are your counselors’ qualifications? Are they accredited or certified by an outside organization? If so, by whom? If not, how are they trained? Try to use an organization whose counselors are trained by a nonaffiliated party.
  • What assurance do I have that information about me will be kept confidential and secure? This information includes your address, phone number, and financial information. Reputable agencies provide clearly written privacy policies.
  • How are your employees compensated? Are they paid more if I sign up for certain services, if I pay a fee, or if I make a contribution to your organization? Employees who work on an incentive basis are less likely to have your best interests in mind than those who earn a straight salary that isn’t influenced by your choices.

Considering bankruptcy

When the amount of your high-interest consumer debt relative to your annual income exceeds 25 percent, filing bankruptcy may be your best option. Like any tool, it has its pros and cons.

Bankruptcy’s potential advantages include the following:

  • Certain debts can be completely eliminated or discharged. Debts that typically can be discharged include credit card, medical, auto, utilities, and rent. Eliminating your debt also allows you to start working toward your financial goals, such as saving to purchase a home or toward retirement. Depending on the amount of outstanding debt you have relative to your income, you may need a decade or more to pay it all off.

    Debts that may not be canceled through bankruptcy generally include child support, alimony, student loans, taxes, and court-ordered damages (for example, drunk-driving settlements).

  • Certain assets are protected by bankruptcy. In every state, you can retain certain property and assets when you file for bankruptcy. Most states allow you to protect a certain amount of home equity; some states allow you to keep your home regardless of its value. Additionally, you’re allowed to retain some other types and amounts of personal property and assets. For example, most states allow you to retain household furnishings, clothing, pensions, and money in retirement accounts. So don’t empty your retirement accounts or sell off personal possessions to pay debts unless you’re absolutely sure that you won’t be filing bankruptcy.

Filing bankruptcy, needless to say, has it downsides, including the following:

  • It appears on your credit report for up to ten years. As a result, you’ll have difficulty obtaining credit, especially in the years immediately following your filing. (You may be able to obtain a secured credit card, which requires you to deposit money in a bank account equal to the credit limit on your credit card.) However, if you already have problems on your credit report (because of late payments or a failure to pay previous debts), damage has already been done. And without savings, you’re probably not going to be making major purchases (such as a home) in the next several years anyway.
  • It incurs significant court filing and legal fees. These can easily exceed $1,000, especially in higher cost-of-living areas.
  • It can cause emotional stress. Admitting that your personal income can’t keep pace with your debt obligations is a painful thing to do. Although filing bankruptcy clears the decks of debt and gives you a fresh financial start, feeling a profound sense of failure (and sometimes shame) is common.
  • It becomes part of the public record. Another part of the emotional side of filing bankruptcy is that you must open your personal financial affairs to court scrutiny and court control during the several months it takes to administer a bankruptcy. A court-appointed bankruptcy trustee oversees your case and tries to recover as much of your property as possible to satisfy the creditors — those to whom you owe money.

Deciphering the bankruptcy laws

If you want to have a leisurely afternoon read, then the bankruptcy laws are definitely not for you. I’m here to help clarify the two forms of personal bankruptcy in case you’re considering taking this action:

  • Chapter 7: Chapter 7 allows you to discharge or cancel certain debts. This form of bankruptcy makes the most sense when you have significant debts that you’re legally allowed to cancel.
  • Chapter 13: Chapter 13 comes up with a repayment schedule that requires you to pay your debts over several years. Chapter 13 stays on your credit record (just like Chapter 7), but it doesn’t eliminate debt, so its value is limited — usually to dealing with debts like taxes that can’t be discharged through bankruptcy. Chapter 13 can keep creditors at bay until a repayment schedule is worked out in the courts.

The Bankruptcy Abuse and Prevention Act of 2005 contains the elements of personal bankruptcy laws now in effect, which include the following:

  • Required counseling: Before filing for bankruptcy, individuals are mandated to complete credit counseling, the purpose of which is to explore your options for dealing with debt, including (but not limited to) bankruptcy and developing a debt-repayment plan.

    To actually have debts discharged through bankruptcy, the law requires a second type of counseling called “debtor education.” All credit counseling and debtor education must be completed by an approved organization on the U.S. Trustee’s website (www.usdoj.gov/ust). Click the link “Credit Counseling & Debtor Education.”

  • Means testing: Some high-income earners are precluded from filing the form of bankruptcy that actually discharges debts (Chapter 7 bankruptcy) and instead are forced to use the form of bankruptcy that involves a repayment plan (Chapter 13 bankruptcy). The law does allow for differences in income by making adjustments based on your state of residence and family size. The expense side of the equation is considered as well, and allowances are determined by county and metropolitan area. For more information, click the “Means Testing Information” link on the U.S. Trustee’s website (www.usdoj.gov/ust).
  • Rules to prevent people from moving to take advantage of a more-lenient state’s bankruptcy laws: Individual states have their own provisions for how much personal property and home equity you can keep. Prior to the passage of the 2005 laws, in some cases, soon before filing bankruptcy, people actually moved to a state that allowed them to keep more. Under the new law, you must live in a state for at least two years before filing bankruptcy in that state and using that state’s personal-property exemptions. To use a given state’s homestead exemption, which dictates how much home equity you may protect, you must have lived in that state for at least 40 months.

Obtaining sound bankruptcy advice

No one should rush into filing bankruptcy. But you also don’t want to make the mistake of not considering the option if your debt has become overwhelming. If you’ve seriously investigated bankruptcy and want more information than I provide in this chapter, I suggest that you check out the book The New Bankruptcy: Will It Work for You? (Nolo Press), by attorneys Stephen Elias and Leon Bayer.

If you’re comfortable with your decision to file and you think that you can complete the paperwork, you may be able to do it yourself. The latest edition of the book How to File for Chapter 7 Bankruptcy (Nolo Press), by attorneys Stephen Elias and Albin Renauer, comes with all the necessary filing forms.

Preventing Consumer Debt Relapses

Regardless of how you deal with paying off your debt, you’re at risk of re-accumulating debt if you’ve run up debt in the past. The following list highlights tactics you can use to limit the influence credit cards and consumer debt hold over your life:

  • tip Replace your credit card with a debit card. See the section “Discovering debit cards: Convenience without credit temptation” earlier in this chapter for the details.

  • Think in terms of total cost. Everything sounds cheaper in terms of monthly payments — that’s how salespeople entice you into buying things you can’t afford. Pull up the calculator app on your smartphone, if necessary, to tally up the sticker price, interest charges, and upkeep. The total cost will scare you. It should.
  • Stop the junk mail avalanche. Look at your daily mail (email, snail mail) — I bet half of it is solicitations and mail-order catalogs. And then there are the endless telemarketing calls. You can save some trees and time sifting through junk mail by removing yourself from most mailing lists. To remove your name from mailing lists, including email, and to opt out of telemarketing calls, register through the website dmachoice.thedma.org/static/about_dma.php.

    tip To remove your name from the major credit-reporting-agency lists that are used by credit-card solicitation companies, call 888-567-8688. Also, tell credit-card companies you have cards with that you want your account marked to indicate that you don’t want your personal information shared with telemarketing firms.

  • Go shopping with a small amount of cash and no plastic. That way, you can spend only what little cash you have with you!
  • Identify and treat spending addictions. Some people become addicted to spending, and it becomes a chronic problem that can interfere with other aspects of their lives. Check out Debtors Anonymous (DA), a nonprofit organization that provides support, primarily through group meetings. To find a DA support group in your area, visit the organization’s website at www.debtorsanonymous.org or contact its headquarters at 800-421-2383.
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