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© 2010 South-Western, Cengage Learning Chapter © 2010 South-Western, Cengage Learning Problems with Credit 19.1 Solving Credit Problems 19.2 Bankruptcy as an Option 19
© 2010 South-Western, Cengage Learning Chapter 19 2 Lesson 19.1 Solving Credit Problems GOALS ■Discuss good credit management rules and warning signs that you are overextended. ■List sources of credit advice. ■Explain how to avoid credit scams.
© 2010 South-Western, Cengage Learning Chapter 19 3 Credit Management ■Exercising good credit management means following an individual plan for using credit wisely. ■It involves recognizing your limits and planning your use of credit.
© 2010 South-Western, Cengage Learning Chapter 19 4 The 20/10 Rule ■The 20/10 Rule is a plan to limit the use of credit to no more than 20 percent of your yearly take-home pay, with payments of no more than 10 percent of monthly take home pay. ■Mortgage loans and monthly payment commitments for housing are not included in these limits. ■However, all other types of borrowing are included in the limits of the 20/10 Rule.
© 2010 South-Western, Cengage Learning Chapter 19 5 Danger Signs ■You pay for everything with credit. ■You often pay late or at the end of the grace period. ■You often pay one credit card by shifting the balance to another. ■You worry about how you will be able to pay your bills. ■You recognize that if an emergency arises, you would have inadequate unused credit to take care of it.
© 2010 South-Western, Cengage Learning Chapter 19 6 Danger Signs ■Your credit cards are all near the limit. ■Your credit card companies are raising the interest rates because of late payments and charges that have exceeded your credit limit. ■You must time your payments carefully because otherwise you would not have enough income to pay your bills. ■You skip some payments in order to make other payments. ■Your credit rating is falling because you have too much credit. (continued)
© 2010 South-Western, Cengage Learning Video: ■https://www.youtube.com/watch?v=xdflQV9QKXQ (Starting Credit)https://www.youtube.com/watch?v=xdflQV9QKXQ
© 2010 South-Western, Cengage Learning Chapter 19 8 A Credit Payment Plan ■A credit payment plan is a record of your debts and a strategy for paying them off. ■List all debts, with enough information to analyze which ones should be paid off first. ■Focus on paying one off at a time, while making only minimum payments on others. ■As one gets paid off, shift your focus to the next priority. ■A credit payment plan works best when you are responsible and do not incur new debt.
© 2010 South-Western, Cengage Learning Chapter 19 9 Sources of Credit Advice ■If you find you still need help to get back on your feet, credit advice is available from several reliable sources. ■Be aware, however, that some sources will try to take advantage of you and leave you worse off than you were before.
© 2010 South-Western, Cengage Learning Chapter Credit Counseling ■Credit counseling is a service to help consumers manage their debt load and credit more wisely. ■It is available from nonprofit, government- sponsored, or commercial credit counseling services. ■These organizations can help you redeem your credit and manage your credit better in the future.
© 2010 South-Western, Cengage Learning Chapter Debt Management Plan (DMP) ■A debt management plan (DMP) involves giving money each month to a credit counseling organization. ■The organization uses your money to pay your unsecured debts according to the payment plan the counselor develops with you and your creditors. ■Typically, the creditors have agreed to lower your interest rates and waive fees. ■These concessions may be available only through a credit counseling organization. ■Usually a DMP take 48 months or longer to complete. ■You must agree not to use credit while the plan is underway.
© 2010 South-Western, Cengage Learning Chapter Online Credit Advice ■There are good online sources of credit advice, both to help you get out of trouble and to stay out of trouble. ■Examples: ■At the FTC web site, you will find consumer information about credit traps to avoid. ■At the MyMoney web site, you can find information on credit, credit repair, and current rip-offs against consumers. x
© 2010 South-Western, Cengage Learning Chapter Debt Negotiation ■Debt negotiation programs are not the same as debt management or credit counseling. ■With a debt negotiation program, a company you hire will call your creditors on your behalf and negotiate reductions in the amounts you owe.
© 2010 South-Western, Cengage Learning Chapter Debt Adjustment ■People who are in deeper credit trouble than advice can solve often go to a finance company for debt adjustment. ■Debt adjustment is the formal process of taking over your debt situation for a period of time, after which you will be free of debt. ■There are two types of debt adjustment: ■Debt Adjustment Service Plan ■Debt Consolidation Loan
© 2010 South-Western, Cengage Learning Chapter Credit Repair ■Credit repair is the process of reestablishing a good credit rating. ■You can obtain copies of your credit reports, challenge incorrect information, and respond to disputes. ■If your credit rating is poor for good reasons, you can begin to repair your record by using credit responsibly from this point on.
© 2010 South-Western, Cengage Learning Chapter Credit Scams ■Promises and guarantees ■Gold and platinum cards
© 2010 South-Western, Cengage Learning Chapter Lesson 19.2 Bankruptcy as an Option GOALS ■List and describe the types of bankruptcy. ■Discuss the major causes of bankruptcy. ■Explain the advantages and disadvantages of declaring bankruptcy.
© 2010 South-Western, Cengage Learning Chapter What Is Bankruptcy? ■Bankruptcy is a legal process that relieves debtors of the responsibility of paying their debts or protects them while they try to repay. ■When you declare bankruptcy, you are said to be insolvent. ■This means you have insufficient income and assets to pay your debts. ■Bankruptcy is a second chance, but it carries serious consequences.
© 2010 South-Western, Cengage Learning Chapter Bankruptcy Laws and Their Purpose ■Bankruptcy law in the United States has two goals. ■The first is to protect debtors by giving them a fresh start, free from creditors’ claims. ■The second is to give fair treatment to creditors competing for debtors’ assets.
© 2010 South-Western, Cengage Learning Chapter Types of Bankruptcy ■Involuntary bankruptcy ■Voluntary bankruptcy ■Chapter 11 bankruptcy ■Chapter 7 bankruptcy ■Chapter 13 bankruptcy
© 2010 South-Western, Cengage Learning Chapter Involuntary Bankruptcy ■Involuntary bankruptcy occurs when creditors file a petition with the court, asking the court to declare you, the debtor, bankrupt. ■If the court agrees, it takes over your assets to pay off as much of your debt as possible. ■Involuntary bankruptcy does not occur very often, because most creditors would prefer to be repaid in full over a period of time rather than settle only for a portion of your remaining assets.
© 2010 South-Western, Cengage Learning Chapter Voluntary Bankruptcy ■Voluntary bankruptcy, the most common kind, occurs when you file a petition with a federal court asking to be declared bankrupt. ■The court decides how much debt you will pay, what assets you can keep, and what debts will be cancelled. ■Usually the value of all the bankrupt debtor’s assets is not enough to pay off all the debts. ■The court sells the assets and gives each creditor a share.
© 2010 South-Western, Cengage Learning Chapter Discharged Debts ■Discharged debts are debts erased by the court during bankruptcy proceedings. ■Creditors can no longer seek payment for these debts. ■Some debts are not discharged. ■These include child support, alimony, income taxes and penalties, student loans, and court-ordered damages due to malicious or illegal acts. ■Once declared bankrupt, an individual cannot file for bankruptcy again for several years.
© 2010 South-Western, Cengage Learning Chapter Liquidation or Reorganization ■Liquidation ■The court sells the debtors’ assets and uses the proceeds to pay as much of the debt as possible. ■The remaining debt is then discharged. ■Reorganization ■Debtors may keep their property but must submit a payment plan to the court for repaying a substantial portion of their debts.
© 2010 South-Western, Cengage Learning Chapter Chapter 11 ■Chapter 11 bankruptcy is a reorganization form of bankruptcy for businesses that allows them to continue operating under court supervision as they repay their restructured debts.
© 2010 South-Western, Cengage Learning Chapter Chapter 7 Bankruptcy ■Commonly called straight bankruptcy. ■Chapter 7 bankruptcy is a liquidation form of bankruptcy for individuals. ■It wipes out most debts in exchange for giving up most assets. ■The advantage of Chapter 7 bankruptcy is immediate debt relief. ■Recent bankruptcy laws make it more difficult for a person to qualify for straight (liquidation) bankruptcy.
© 2010 South-Western, Cengage Learning Chapter Chapter 13 Bankruptcy ■Chapter 13 bankruptcy is a reorganization (payment plan) form of bankruptcy for individuals. ■It allows debtors to keep most of their property and use their income to pay a portion of their debts over three to five years. ■Under Chapter 13, often referred to as the wage- earner’s plan, some debts are totally discharged, while others are paid off as agreed within the payment period.
© 2010 South-Western, Cengage Learning Chapter Legal Advice ■A person considering bankruptcy should seek good legal advice. ■In most states, it is possible to file for bankruptcy without an attorney. ■But the law is complicated, and a good bankruptcy attorney can help you navigate through the details. ■The attorney can also assist you in deciding which bankruptcy plan will work best to help you solve your credit problems.
© 2010 South-Western, Cengage Learning Chapter Reaffirmation of Debts ■Creditors may ask debtors to agree to pay their debts, even after bankruptcy has discharged them. ■Reaffirmation is the agreement to pay debts that have been legally discharged. ■Examples of reasons to reaffirm ■A friend or family member cosigned the loan and you don’t want to burden this person with the debt. ■You don’t want your car to be repossessed.
© 2010 South-Western, Cengage Learning Chapter Major Causes of Bankruptcy ■Job loss ■Emotional spending ■Failure to budget and plan ■Catastrophic injury or illness
© 2010 South-Western, Cengage Learning Chapter Advantages of Bankruptcy ■Debts are erased. ■Exempted assets are retained. ■Exempted property refers to those assets considered necessary for survival. ■Certain incomes are unaffected. ■The cost is small.
© 2010 South-Western, Cengage Learning Chapter Disadvantages of Bankruptcy ■Credit is damaged. ■Property is lost. ■You may not qualify for liquidation. ■Some debts continue. ■Some debts can be reaffirmed. ■Co-signers must pay.
© 2010 South-Western, Cengage Learning 33 Activity: ■http://www.credit.com/debt/five-shocking-credit-card-debt-statistics/ (credit card debt)http://www.credit.com/debt/five-shocking-credit-card-debt-statistics/ ■http://www.asa.org/policy/resources/stats/ (student loans)http://www.asa.org/policy/resources/stats/ ■http://www.debt.org/faqs/americans-in-debt/demographics/ (demographics of debt)http://www.debt.org/faqs/americans-in-debt/demographics/ ■http://www.statisticbrain.com/american-family-financial-statistics/ (savings stats)http://www.statisticbrain.com/american-family-financial-statistics/ ■Check out the sites above as well as search some of your own. ■1. What stat surprises you the most and why? ■2. What trends do you notice? ■3. How does this impact the future? ■4. What can you do differently?
© 2010 South-Western, Cengage Learning 34 Homework: ■Read Ch 11 and 12, take notes, and define terms. ■Study for Unit 3 test.
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