Frequently Asked Questions

Many are confused by a barrage of radio and television advertising suggesting debt consolidation is preferable to bankruptcy. What’s more, debt consolidators rarely give the whole story on the flaws and failures associated with debt consolidation. Before you spend thousands of dollars in consolidation fees and pay your creditors substantial sums of money, you should understand the critical differences between bankruptcy and debt consolidation. Then, you may choose the option best suited to your individual circumstances.

Call ROC Law to share the details of your case, and we will let you know about the steps you need to take for debt consolidation or to file bankruptcy. Get a FREE legal consultation today!

*The debts are removed once a discharge order is entered, usually 90 to 100 days after filing date.

**Debt consolidation typically requires 50 to 75% repayment to creditors.

***Chapter 7 bankruptcy typically involves no money ($0) being paid to any unsecured creditors.

A common misconception links bankruptcy filing, and not debt consolidation, to a reduced credit report score.

Here are the facts: Bankruptcy remains on a credit report for 10 years, but will typically begin improving a credit score within 12 months. Meanwhile, after 3 to 5 years of paying a debt consolidation program, many are surprised to learn the closed accounts are reported “paid as compromised” and not “paid as agreed.”

This effectively “locks in” negative information on the credit report for 7 more years. Critically, only bankruptcy actually removes prior negative comments from a credit report. And, no debt consolidation program can erase prior delinquencies, charge-offs, or compromised settlements of debt.

• The FHA will favorably consider making home loans to individuals only three years after discharging their Chapter-7 bankruptcy case
• For most individuals with credit scores below 650, filing bankruptcy will actually cause a substantial increase to the credit score within 12 months of receiving a discharge (typically, a 40 to 140-point increase)
• Debt consolidation fees usually run between $2,500.00 and $3,500.00 and normally must be fully paid prior to any payments going to one’s creditors
• Creditors are not required to accept a debt consolidation proposal, and the government has not passed any new “law” forcing creditors to accept a debt consolidation plan
• Chapter 7 bankruptcy does not require, or even consider, the “willingness” of creditors to approve the discharge and removal of debt
• Even if a debt consolidation program is accepted by most creditors, any particular creditor who rejects the plan has all its legal remedies to collect the debt by “harassment,” file a lawsuit, obtain a judgment and / or garnish the wages and bank account of the indebted person