In order to effectively settle a debt you have to have negotiating leverage, which comes from the ability and willingness to file for bankruptcy protection. How much leverage you have depends upon if you qualify for Chapter 7 which requires no payments to creditors or if you have to file Chapter 13 which requires payments for 3 years for below median income debtors and 5 years for above median income debtors.
- Calculate your “Debt-to-Income Ratio”. If over 35% consider bankruptcy since your chances of successfully settling with all of your creditors are poor. If under 35% consider a global settlement by offering a pro rata share of your payment amount or lump sum to all creditors. DO NOT ATTEMPT TO SETTLE WITH CREDITORS ONE AT A TIME – I have had many bankruptcy clients who wasted a lot of money doing so.
- Calculate the “Median Income for your Your Family Size”. If your debt-to-income ratio is under 35% and you are eligible for Chapter 7, and willing to file if necessary, then you have strong negotiating leverage. Tell all creditors in a written cease and desist letter (NEVER TALK TO CREDITORS ON THE PHONE) that you contacted a bankruptcy lawyer, are eligible for Chapter 7, would prefer not to file, but will be forced to file if the creditor sues. Then wait. Time is on your side as a debtor. Settlement opportunities ripen with time – they cannot be rushed.
- If you are not eligible for Chapter 7 and have to file Chapter 13, then let creditors know that if they sue you, you will be forced to file and they will receive some payment over 3 years or 5 years.
- IF YOU ARE NOT WILLING TO FILE FOR BANKRUPTCY PROTECTION IF NEEDED THEN YOU HAVE NO NEGOTIATING LEVERAGE.
Be aware that not all creditor’s counsel has settlement authority from their client. I have offered settlements to creditor’s counsel who said they would gladly accept, but their client won’t let them. Sometimes creditors need to write off the loss more than they need any payment from you. That is why I have had clients receive their partial payment checks back in the mail.
Bankruptcy is a last resort after all other options have failed. I have had a small number of clients whose families bailed them out and paid their debts once they told them they were going to have to file for bankruptcy protection. This is rare, but if you have such a family – be grateful for it.
Christopher S. Mulvaney’s Mission:
To Always Be a Human Being First, and My Role Second.
To First, Do No Harm, then to provide the best legal outcome,
smoothest process, best value, and to make a positive difference in the life of every Client.
Christopher S. Mulvaney’s Mantra:
May I be filled with loving kindness for all life.
May I be safe from dangers within and without.
May I be healthy in body, mind, socially, and spiritually.
May I be at ease and happy, doing good in the world.
For more information about my practice in Bellevue, Washington, please consult my Blog.
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