Debt Settlement Program Video

Why Bad Debt Must be Paid Off First

You may heard credit specialists on cable and financial websites teach about “ good debt ” and how it contrasts with bad debt. You are taught to pay off your bad debts first because they normally are tied to costly interest rates and are not balanced by something of value. It’s good to first understand the distinction between good and bad debt when you are looking into a debt reduction program.

All You Need to Know Concerning Good Debt

* What’s Good Debt? A good debt is any obligation that can actually increase your net worth. The rule follow is: if holding the debt could create a spike in your net worth, then it is thought of as a good debt. Good debt will develop a profit for you through an escalation in value or business sales. Perhaps, a good debt may additionally be a debt that causes a rise in your overall quality of life. Finally, a debt that’s tax deductible, which means that holding the debt decreases your tax bill every year, should without question be put in the category of a good debt.

* What are A Couple Examples of Good Debt? The most important example of a good debt would be a house loan. Assuming that it is backed by a property or portion of terrain that’s increasing in value, a mortgage loan creates an income through the equity that’s developed in the house. A further example of good debt would be a college loan, due to the fact that it is back by learning and should produce later income. A new business line of credit can additionally be thought of as a good debt if the business breaks a profit and results in an ongoing residual income.

Why Do People Refer To Certain Debt Bad Debt?

* What’s the Easiest Way to Decide If I am Dealing With Bad Debt? Simply put, if the credit account doesn’t produce additional worth for you and/or your bottomline, then it is bad. An auto loan is not a good loan due to the fact that vehicles go down in worth. The rule  of thumb is that as soon as you take a new automobile off of the dealership you leave behind 20 percent in worth, and that decrease in worth carries on right up until the automobile is paid in full. The most widespread example of bad debt would be your credit card bills. Credit cards are the most damaging kind of bad debt for three major reasons: 1) it is not associated with objects of worth (except if you consider the sandals you got in 1998 something of worth!), 2) it commonly carries an expensive rate, and 3) it is a rotating account that could continue all through your life.

How Do I Get Rid of My Bad Debt?
You have a few options when you’re searching for a debt solution. Some the population decide on a bankruptcy lawyer, which may eliminate your debt but cause you to be denied by future banks, jobs, and other businesses for up to a decade. Some debtors settle on their own debt reduction plans, and many have learned about the advantages of plans proposed by debt settlement companies. Whatever approach you settle on, your bad debt should in every case be the first on your list because it it high in cost and in effect takes value from your bottomline.


Posted on : Jun 24 2009
Posted under Debt, Debt Help, Debt Settlement |

Invest, or Pay off Credit Card


Posted on : Jun 22 2009
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Posted under Debt, Debt Help |

Debt Settlement gets a bad rap

Debt Settlement Companies continue to be targeted as a problem industry, a scam, or a fraud. They are easy targets in these tumultuous times, and for good reason. Many of these “Debt Settlement Companies” “Sell” Their service without full disclosure about the risks involved and many of them don’t educate their clients about all of their options, including Debt Consolidation, Debt Management, Credit Counseling, and Bankruptcy.

The rise of the Debt Settlement industry is a result of other underlying issues including but not limited to, credit card companies, Lobbyist’s, bad Laws, lack of government regulation, and most importantly our CULTURE.

Clark Howard recently said “…when the bankruptcy laws changed in our nation. At that time, the giant banks that control the credit card portfolios stopped being cooperative with affiliates of the National Foundation for Credit Counseling (NFCC), which helps consumers manage and eliminate their debt. The banks were cynically trying to force people into a position where they had no choice other than to pay up. That environment created an opportunity for the debt-settlement firms to pop up with their false promises that they alone knew how to defeat the banks.”

We live in a capitalist economic system. The rise of Debt Settlement is directly related to the dire need for change in our Culture and specifically changes to the Credit Card Industry. Until Credit Card Companies are brought back into check the need for Consumer Debt Relief companies will always be there.

Debt Settlement

Debt settlement, also known as debt arbitration or debt negotiation, is an approach to debt reduction in which the debtor and creditor agree on a reduced balance that will be regarded as payment in full.

As long as consumers continue to make minimum monthly payments, creditors will not negotiate a reduced balance. However, when payments stop, balances continue to grow because of late fees and ongoing interest.

Consumers can arrange their own settlements by using advice found on web sites, hire a lawyer to act for them, or use debt settlement companies. Some settlement companies may charge a large fee up front; or take a monthly fee from customer bank accounts for their service, possibly reducing the incentive to settle with creditors quickly. One expert advises consumers to look for companies that charge only after a settlement is made, and charge about 20 percent of the amount by which the outstanding balance is reduced.

Debt Consolidation

Debt consolidation entails taking out one loan to pay off many others. This is often done to secure a lower interest rate, secure a fixed interest rate or for the convenience of servicing only one loan.

Debt consolidation can simply be from a number of unsecured loans into another unsecured loan, but more often it involves a secured loan against an asset that serves as collateral, most commonly a house. In this case, a mortgage is secured against the house. The collateralization of the loan allows a lower interest rate than without it, because by collateralizing, the asset owner agrees to allow the forced sale (foreclosure) of the asset to pay back the loan. The risk to the lender is reduced so the interest rate offered is lower.

Credit Counseling

Credit counseling (known in the United Kingdom as debt counseling) is a process offering education to consumers about how to avoid incurring debts that cannot be repaid. This process is actually more debt counseling than a function of credit education.

Credit counseling often involves negotiating with creditors to establish a debt management plan (DMP) for a consumer. A DMP may help the debtor repay his or her debt by working out a repayment plan with the creditor. DMPs, set up by credit counselors, usually offer reduced payments, fees and interest rates to the client. Credit counselors refer to the terms dictated by the creditors to determine payments or interest reductions offered to consumers in a debt management plan.

Source:

http://en.wikipedia.org/wiki/Debt_settlement

http://en.wikipedia.org/wiki/Debt_consolidation

http://en.wikipedia.org/wiki/Debt_counselling

http://edition.cnn.com/2009/LIVING/personal/06/04/clark.howard.debt.settlement/


Posted on : Jun 05 2009
Posted under Debt, Debt Consolidation, Debt Help, Debt Settlement |

Debt settlement services

IF YOU ARE STRUGGLING MAKING YOUR CREDIT CARD PAYMENTS?
ARE CREDITORS CALLING?

IF SO LOOK INTO ONLINE DEBT SETTLEMENT SERVICES

Debt settlement, also known as debt arbitration or debt negotiation, is an approach to debt reduction in which the debtor and creditor agree on a reduced balance that will be regarded as payment in full.

As long as consumers continue to make minimum monthly payments, creditors will not negotiate a reduced balance. However, when payments stop, balances continue to grow because of late fees and ongoing interest.

Consumers can arrange their own settlements by using advice found on web sites, hire a lawyer to act for them, or use debt settlement companies. Some settlement companies may charge a large fee up front; or take a monthly fee from customer bank accounts for their service, possibly reducing the incentive to settle with creditors quickly. One expert advises consumers to look for companies that charge only after a settlement is made, and charge about 20 percent of the amount by which the outstanding balance is reduced.[1]

Now look at that piece of plastic, tucked away innocently in the card section of your wallet. That small thin glossy Visa or Master card looks oh so innocent as it shines and glimmers in the sunlight, awaiting its next day of use!

But the creditor who assigned you this seemingly innocent card are not clueless. Matter of fact, they realize exactly what’s going on.

It’s not a fluke that as stated by the Federal Reserve’s 2006 survey nearly half of U.S. homes are bogged down with credit card bills and are now looking for debt help. Credit Issuers have made a multi-billion dollar industry from predicting the average consumer’s habits. Below are a few things that creditors realize that credit card consumers are usually unaware of:

- Probability for Problems in the Economy. Many credit card companies have complete departments focused on studying the economy and predicting possible economic issues that would cause credit card holders to use their credit cards more regularly. It’s not a coincidence that at a time when a lot of experts say that the U.S. economy is experiencing a downturn as a result of the swelling cost of oil, food, and other everyday needs, creditors are gaining more profits due to a rise in the everyday use of credit cards.

- Your Usage History Determines the Future. Another morsel of invaluable knowledge that credit card companies profit from is your past credit card habits. They keep a detailed history of your previous buying activities, amounts owed, and what you have decided on in specific circumstances that have come up in your credit card history. What you have done in previous situations is a useful forecaster of your potential deeds. For instance, perchance you initiated a new company and used your credit account to purchase $1,000 in business related supplies one time. Now your bank realizes that you are probably going to use your card for both personal and venture-centered purposes. In another example, if a credit card company knows that you have a weakness for high priced fashionable , they won’t only predict that you’ll purchase further high priced items in the coming months, but furthermore forward you rare offers with your bill for fashionable items from its advertiser partners.

- Card Users Do Not Always Scan the Small Print. Creditors also rely on the notion that many credit consumers are too lazy to read the fine print of their credit card arrangements and agreements. If a credit card user will only pay the lowest payment possible, not taking note of what the APR is, and not understanding how payments are distributed, they can find themselves stuck in a lengthy cycle where they will pay off credit cards for a lengthy period of time. In the meantime, the bank will continue to harvest the benefits of the consumer’s deficiency of facts for a long time into the future.

- 0% Balance Transfer Specials Lure You to Charge More, Thus Raise Your Balance. Years ago, credit issuers started mailing out varied 0% balance transfer specials to convince consumers at other companies to move their balances. While a significant amount of people took advantage of these low APR specials to save money and pay off credit cards, they may not have taken into account the fact that by helping to free up credit on their credit card accounts, these credit issuers were really creating somewhat of a trap. If a customer who is trying to pay off credit cards for whatever reason uses the new 0% balance transfer card account after a certain period of time (even if the 0% balance transfer rate is in effect for the life of the balance transferred), the interest rate on that new purchase balance can increase to 18% or more, and is paid last. This means that 12, 22, or 32 years down the line when the 0% balance is finally paid off, the amount you put on the credit account at 18% has been amassing interest for all of those decades as well. You could find yourself in the same boat as you were in originally!

- “Rewarding” You With an Increased Credit Maximum Gets You Deeper. Creditors usually ”thank” excellent debt holders who pay their monthly debt in full faithfully each month by increasing their spending maximums. But in truth, they know that when your maximum increases, you are likely to swipe the card on a more regular basis. At some stage in that course of action, you will reach a height where the creditor will quit increasing the credit threshold and is profiting from the increased interest costs on your credit card bills. It’s all about foreseeing the credit user’s activities.

Life Challenges Occur

The most important thing that credit card companies know way beforehand that we regular folk don’t predict is that life happens. Unexpected costs come up, cars need to get worked on, and medical and dental procedures have to be carried out. In many of these situations, customers have found themselves so far in economic problems that their instant response to unexpected expenses is to resort to credit. And so persists the sad story of American consumers who are trapped by high credit card debt and resourceful banks that rack up profits off of the despair and unawareness of customers.

If you have put yourself in a situation where you have been taken by all of these attempts to lock you into unsecured debt for life and have mounted up a substantial amount of credit balances due to life happening, it’s dire that you know that there is a silver lining, and yes there is an answer to your debt issues. Debt relief programs akin to the one you’ll stumble on at NetDebt.com have made many consumers break out of their bad dreams involving debt.

PLEASE DO YOUR DUE DILLIGENCE BEFORE YOU GET STARTED.

Debt Negotiation Companies

Also a type of debt settlement firm, they offer a consumer a different way to get out of debt. These companies work with consumers who have no cash to make settlement offers with the credit card companies. Debt Negotiation companies set up “trust” for you – though they are not always a licensed bank entity under the Federal Reserve. They collect a monthly fee to maintain the account, with the idea being that you are saving enough money to settle the accounts at a future date. A portion of the monthly payment towards the “savings account”, a part of the payment is taken as a fee for the debt negotiation company. Unlike consumer credit counseling services, they do not pay your creditors each month, they put money into your “trust”. Your creditors are not told of your “arrangements” with the debt negotiation company. A legitimate company will use an FDIC insured company for the trust account and give you access to it online 24 hours per day. They should also provide you with access to the negotiation correspondence with the credit companies.

The drop out rate of consumers from debt negotiation companies is high. The debt negotiation companies do not handle calls from the credit card companies, nor the collection agencies. Credit card accounts typically go into collection after they are charged off, typically 180 days after the last payment on the account. The length of the program is often 3-5 years, and many consumers cannot keep up the payments for this period of time. Often, consumers wind up being sued or even more deeply in debt with added interest and fees piling up. This can be avoided by using companies with good standings and practices that protect consumers from these procedures.

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Posted on : May 31 2009
Posted under Debt, Debt Help, Debt Settlement |

What are the Benefits of Debt Consolidation?

If you are in too much debt, remember that debt consolidation is an option. Financial dues and notices may be very stressful for you, especially if you have a lot of them. Dealing with credit collectors may be very strenuous especially if you do not have the money on hand to repay your debt. Well, it is good to explore debt consolidation as an option. But before actually getting a debt consolidation loan, it is important to know if it will be beneficial for you.

When you consolidate your debt, this means that you get a single loan to repay all your current loans. It could be that your entire unsecured loans will be consolidated to a single unsecured loan or you can get a single secured loan to pay off all your unsecured loans. Secured loans require collateral to acquire the loan. The collateral comes in the form of house, car or land. Sometimes, jewelries and other valuable materials are also considered as collateral. Because of the presence of a security deposit, the secured loan is actually a low-risk loan for the part of the creditor. In case the debtor does not repay the amount borrowed on the stated maturity date then the creditor gets the asset which served as the collateral. He can then keep the collateral for himself or sell it to get back the money he lent to the borrower.

In effect, he is willing to peg lower interest rates and gives way to better payment schemes. Unsecured loans have higher interest rates than secured loans. This is because the creditor faces a higher risk when lending money in an unsecured loan. Unsecured loans such as credit card, shop cards and the like do not require collateral or security deposit.

One benefit of debt consolidation is the low interest rates. If you are a good and patient researcher, then you might find a debt consolidation loan that has interest rate that is seventy five percent lower than the interest rates offered by credit card companies or other unsecured loans. When you get a debt consolidation loan, remember that you must agree on a monthly payment which you will be able to repay.

If you could not pay the monthly obligation, then your debt consolidation will be useless. A debt consolidation calculator is used to compute for the amount that you can borrow as well as the monthly payment. Flexible payment schemes are also offered by debt consolidation companies. There are also companies which offer benefits if you pay twice or thrice the monthly amount in one payment.


Posted on : May 28 2009
Posted under Debt, Debt Consolidation |

Oboma Pledges Protections fro Credit Card Users


Posted on : May 12 2009
Posted under Debt, Debt Help, Politics |

Getting Power Over Your Good Name with Online Debt Settlement

Online Debt Settlement
Countless Americans are laden with high interest credit accounts. Bad credit happens when average men and women can’t keep up with their credit card bills and other debt payments because of losing a job, lack of employment, or the everyday trials of life.  If you’ve gotten yourself in this situation, it’s a good idea to take control of the situation rather than letting your bad credit to deteriorate. What follows is the most simple information regarding reclaiming command over your bad credit and on the road to a debt-free existence.

1.    Pull Up Your Equifax Report. Some balance holders are just a couple of billing cycles in arrears on their credit card bills as a result of tight budgets, and they may have forgotten about a couple of unpaid bills that are pulling their credit scores downhill. Some of us have gotten so far back in bills that we’ve forgotten what we owe! The primary step to getting back on the track to acceptable credit is to order your credit report so that you can see 1) the companies you hold a debt with, 2) how much you need to pay them, and 3) what your debt payment is. You are guaranteed one no cost credit history from all three of the major reporting companies annually. When you know your balances, you are in a better position to make an informed resolution regarding your debt situation.

2.    Renew Communication With Your Creditors. Yes, it is true. At some stage you’re going to have to re-establish contact with your credit card companies if you’ve lost touch with them after falling behind in payments. At the very worst you’ll have to endure a long quizzing with a sprinkling of bad attitude. The positive news is that it’s possible that you’ll be extended a deal to pay off debt that can get your credit back on track and probably eradicate some of those blemishes on your credit.

3.    Cease Using Available Credit. Possibly the main choice you have to make so that you can reclaim command over your credit and debt affairs is to stop making charges on open credit accounts. That means you have to take the scissors to your credit cards and begin making do on a currency only basis. Adopt this way of thinking: if you do not have the cash to make a buy, then you can’t afford it.

4.    Assure That Your Paycheck is Enough To Take Care of Your Bills. The most difficult requirement to ending your debt woes is netting the salary that is required to cover your payments and get current with your creditors. That is because your income is sometimes not in your control. Think about getting a 10 hour per week side job and dedicate all of the income from that to your debt balances.

5.    Consider Debt Solution Plans.  If you’re seeking to decrease your regular payments, pay off debt fast, or if you simply need to steer clear of direct contact with your credit card companies, you may want to consider an online debt Consolidation program. These helpful programs are overseen by debt settlement companies that specialize in debt reduction and debt negotiation with your card issuers.


Posted on : Apr 14 2009
Tags:
Posted under Debt, Debt Settlement, Uncategorized |

Do You Know The Financial Condition of Your Family?

Do You Know The Financial Condition of Your Family?

So many of us rely on our husbands to know the in’s and out’s of our finances. That is great, sometimes, as it leaves us one less chore to do! However I would strongly advise that you at least have some idea of what is going on financially. If nothing else, know where to find the information when you are struck with pertinent questions about your family’s financial security. I know there are some women who truly do prefer to have their husband run the money show and there is nothing wrong with that. But just at least have a part in it.

Here are some questions to ponder…
•  Do you know where your main Financial Institution is?
•  Where are your chequing and savings accounts?
•  Do you know when the bills are due and which accounts they are to be paid from?
•  Do you have RRSP’s, stocks, bonds or any other kind of investments? If so, where are they, do you know how to contact the company for statements, etc?
•  Do you or your husband have a pension plan? Did you know that you can go to the Government of Canada website and find out exactly how much is in your Canada Pension Plan? To request a statement just go to www.hrdc.gc.ca or call your local Human Resources Development Canada office. Find out how much is being accumulated then check with your financial advisor and see if you need to make some changes to your contributions. Perhaps there is not an adequate amount being put away for your retirement future.
•  Do you have insurance? Life, house, mortgage, automobile. If so, know where and how much you have. You should evaluate your policy regularly to determine if you are sufficiently covered. Especially with the value of homes rising in today’s markets, most families do not have the proper amount of insurance to cover the value of the home.
•  Do you and your husband have a will? Find out where your wills are located and if you don’t have one make an appointment with your lawyer today to begin the process. Be sure that this is done for your family, it is a must have!

If there is information that you don’t have, talk to your husband. Explain your concerns, I am sure he would be more than happy to have you take an interest in your families finances.

Having financial security is a blessing and it takes some work. You will feel better knowing exactly what is going on with the finances in your home.

Don’t leave life to chance.

Get a FREE Analysis today at https://www.ccdr.ca and find out all the options to get out of debt!


Posted on : Mar 31 2009
Posted under Debt, Debt Help, Debt Settlement |

IRS Mortgage Debt Relief Laws

The Mortgage Forgiveness Debt Relief Act and Debt Cancellation

If you owe a debt to someone else and they cancel or forgive that debt, the canceled amount may be taxable.

The Mortgage Debt Relief Act of 2007 generally allows taxpayers to exclude income from the discharge of debt on their principal residence. Debt reduced through mortgage restructuring, as well as mortgage debt forgiven in connection with a foreclosure, qualifies for the relief.

This provision applies to debt forgiven in calendar years 2007 through 2012. Up to $2 million of forgiven debt is eligible for this exclusion ($1 million if married filing separately). The exclusion does not apply if the discharge is due to services performed for the lender or any other reason not directly related to a decline in the home’s value or the taxpayer’s financial condition.

More information, including detailed examples can be found in Publication 4681, Canceled Debts, Foreclosures, Repossessions, and Abandonments. Also see IRS news release IR-2008-17.

The following are the most commonly asked questions and answers about The Mortgage Forgiveness Debt Relief Act and debt cancellation:

What is Cancellation of Debt?
If you borrow money from a commercial lender and the lender later cancels or forgives the debt, you may have to include the cancelled amount in income for tax purposes, depending on the circumstances. When you borrowed the money you were not required to include the loan proceeds in income because you had an obligation to repay the lender. When that obligation is subsequently forgiven, the amount you received as loan proceeds is normally reportable as income because you no longer have an obligation to repay the lender. The lender is usually required to report the amount of the canceled debt to you and the IRS on a Form 1099-C, Cancellation of Debt.

Here’s a very simplified example. You borrow $10,000 and default on the loan after paying back $2,000. If the lender is unable to collect the remaining debt from you, there is a cancellation of debt of $8,000, which generally is taxable income to you.

Is Cancellation of Debt income always taxable?
Not always. There are some exceptions. The most common situations when cancellation of debt income is not taxable involve:

  • Qualified principal residence indebtedness: This is the exception created by the Mortgage Debt Relief Act of 2007 and applies to most homeowners.
  • Bankruptcy: Debts discharged through bankruptcy are not considered taxable income.
  • Insolvency: If you are insolvent when the debt is cancelled, some or all of the cancelled debt may not be taxable to you. You are insolvent when your total debts are more than the fair market value of your total assets.
  • Certain farm debts: If you incurred the debt directly in operation of a farm, more than half your income from the prior three years was from farming, and the loan was owed to a person or agency regularly engaged in lending, your cancelled debt is generally not considered taxable income.
  • Non-recourse loans: A non-recourse loan is a loan for which the lender’s only remedy in case of default is to repossess the property being financed or used as collateral. That is, the lender cannot pursue you personally in case of default. Forgiveness of a non-recourse loan resulting from a foreclosure does not result in cancellation of debt income. However, it may result in other tax consequences.

These exceptions are discussed in detail in Publication 4681.

What is the Mortgage Forgiveness Debt Relief Act of 2007?
The Mortgage Forgiveness Debt Relief Act of 2007 was enacted on December 20, 2007 (see News Release IR-2008-17). Generally, the Act allows exclusion of income realized as a result of modification of the terms of the mortgage, or foreclosure on your principal residence.

What does exclusion of income mean?
Normally, debt that is forgiven or cancelled by a lender must be included as income on your tax return and is taxable. But the Mortgage Forgiveness Debt Relief Act allows you to exclude certain cancelled debt on your principal residence from income. Debt reduced through mortgage restructuring, as well as mortgage debt forgiven in connection with a foreclosure, qualifies for the relief.

Does the Mortgage Forgiveness Debt Relief Act apply to all forgiven or cancelled debts?
No. The Act applies only to forgiven or cancelled debt used to buy, build or substantially improve your principal residence, or to refinance debt incurred for those purposes. In addition, the debt must be secured by the home. This is known as qualified principal residence indebtedness. The maximum amount you can treat as qualified principal residence indebtedness is $2 million or $1 million if married filing
separately.

Does the Mortgage Forgiveness Debt Relief Act apply to debt incurred to refinance a home?
Debt used to refinance your home qualifies for this exclusion, but only to the extent that the principal balance of the old mortgage, immediately before the refinancing, would have qualified. For more information, including an example, see Publication 4681.

How long is this special relief in effect?
It applies to qualified principal residence indebtedness forgiven in calendar years 2007 through 2012.

Is there a limit on the amount of forgiven qualified principal residence indebtedness that can be excluded from income?
There is no dollar limit if the principal balance of the loan was less than $2 million ($1 million if married filing separately for the tax year) at the time the loan was forgiven. If the balance was greater, see the instructions to Form 982 and the detailed example in Publication 4681.

If the forgiven debt is excluded from income, do I have to report it on my tax return?
Yes. The amount of debt forgiven must be reported on Form 982 and this form must be attached to your tax return.

Do I have to complete the entire Form 982?
No. Form 982, Reduction of Tax Attributes Due to Discharge of Indebtedness (and Section 1082 Adjustment), is used for other purposes in addition to reporting the exclusion of forgiveness of qualified principal residence indebtedness. If you are using the form only to report the exclusion of forgiveness of qualified principal residence indebtedness as the result of foreclosure on your principal residence, you only need to complete lines 1e and 2. If you kept ownership of your home and modification of the terms of your mortgage resulted in the forgiveness of qualified principal residence indebtedness, complete lines 1e, 2, and 10b. Attach the Form 982 to your tax return.

Where can I get this form?
If you use a computer to fill out your return, check your tax-preparation software. You can also download the form at IRS.gov, or call 1-800-829-3676. If you call to order, please allow 7-10 days for delivery.

How do I know or find out how much debt was forgiven?
Your lender should send a Form 1099-C, Cancellation of Debt, by February 2, 2009. The amount of debt forgiven or cancelled will be shown in box 2. If this debt is all qualified principal residence indebtedness, the amount shown in box 2 will generally be the amount that you enter on lines 2 and 10b, if applicable, on Form 982.

Can I exclude debt forgiven on my second home, credit card or car loans?
Not under this provision. Only cancelled debt used to buy, build or improve your principal residence or refinance debt incurred for those purposes qualifies for this exclusion. See Publication 4681 for further details.

If part of the forgiven debt doesn’t qualify for exclusion from income under this provision, is it possible that it may qualify for exclusion under a different provision?
Yes. The forgiven debt may qualify under the insolvency exclusion. Normally, you are not required to include forgiven debts in income to the extent that you are insolvent.  You are insolvent when your total liabilities exceed your total assets. The forgiven debt may also qualify for exclusion if the debt was discharged in a Title 11 bankruptcy proceeding or if the debt is qualified farm indebtedness or qualified real property business indebtedness. If you believe you qualify for any of these exceptions, see the instructions for Form 982. Publication 4681 discusses each of these exceptions and includes examples.

I lost money on the foreclosure of my home. Can I claim a loss on my tax return?
No.  Losses from the sale or foreclosure of personal property are not deductible.

If I sold my home at a loss and the remaining loan is forgiven, does this constitute a cancellation of debt?
Yes. To the extent that a loan from a lender is not fully satisfied and a lender cancels the unsatisfied debt, you have cancellation of indebtedness income. If the amount forgiven or canceled is $600 or more, the lender must generally issue Form 1099-C, Cancellation of Debt, showing the amount of debt canceled. However, you may be able to exclude part or all of this income if the debt was qualified principal residence indebtedness, you were insolvent immediately before the discharge, or if the debt was canceled in a title 11 bankruptcy case.  An exclusion is also available for the cancellation of certain nonbusiness debts of a qualified individual as a result of a disaster in a Midwestern disaster area.  See Form 982 for details.

If the remaining balance owed on my mortgage loan that I was personally liable for was canceled after my foreclosure, may I still exclude the canceled debt from income under the qualified principal residence exclusion, even though I no longer own my residence?
Yes, as long as the canceled debt was qualified principal residence indebtedness. See Example 2 on page 13 of Publication 4681, Canceled Debts, Foreclosures, Repossessions, and Abandonments.

Will I receive notification of cancellation of debt from my lender?
Yes. Lenders are required to send Form 1099-C, Cancellation of Debt, when they cancel any debt of $600 or more. The amount cancelled will be in box 2 of the form.

What if I disagree with the amount in box 2?
Contact your lender to work out any discrepancies and have the lender issue a corrected Form 1099-C.

How do I report the forgiveness of debt that is excluded from gross income?
(1) Check the appropriate box under line 1 on Form 982, Reduction of Tax Attributes Due to Discharge of Indebtedness (and Section 1082 Basis Adjustment) to indicate the type of discharge of indebtedness and enter the amount of the discharged debt excluded from gross income on line 2.  Any remaining canceled debt must be included as income on your tax return.

(2) File Form 982 with your tax return.

My student loan was cancelled; will this result in taxable income?
In some cases, yes. Your student loan cancellation will not result in taxable income if you agreed to a loan provision requiring you to work in a certain profession for a specified period of time, and you fulfilled this obligation.

Are there other conditions I should know about to exclude the cancellation of student debt?
Yes, your student loan must have been made by:

(a) the federal government, or a state or local government or subdivision;

(b) a tax-exempt public benefit corporation which has control of a state, county or municipal hospital where the employees are considered public employees; or

(c) a school which has a program to encourage students to work in underserved occupations or areas, and has an agreement with one of the above to fund the program, under the direction of a governmental unit or a charitable or educational organization.

Can I exclude cancellation of credit card debt?
In some cases, yes. Nonbusiness credit card debt cancellation can be excluded from income if the cancellation occurred in a title 11 bankruptcy case, or to the extent you were insolvent just before the cancellation. See the examples in Publication 4681.

How do I know if I was insolvent?
You are insolvent when your total debts exceed the total fair market value of all of your assets.  Assets include everything you own, e.g., your car, house, condominium, furniture, life insurance policies, stocks, other investments, or your pension and other retirement accounts.

How should I report the information and items needed to prove insolvency?
Use Form 982, Reduction of Tax Attributes Due to Discharge of Indebtedness (and Section 1082 Basis Adjustment) to exclude canceled debt from income to the extent you were insolvent immediately before the cancellation.  You were insolvent to the extent that your liabilities exceeded the fair market value of your assets immediately before the cancellation.

To claim this exclusion, you must attach Form 982 to your federal income tax return.  Check box 1b on Form 982, and, on line 2, include the smaller of the amount of the debt canceled or the amount by which you were insolvent immediately prior to the cancellation.  You must also reduce your tax attributes in Part II of Form 982.

My car was repossessed and I received a 1099-C; can I exclude this amount on my tax return?
Only if the cancellation happened in a title 11 bankruptcy case, or to the extent you were insolvent just before the cancellation. See Publication 4681 for examples.

Are there any publications I can read for more information?
Yes.
(1) Publication 4681, Canceled Debts, Foreclosures, Repossessions, and Abandonments (for Individuals) is new and addresses in a single document the tax consequences of cancellation of debt issues.

(2) See the IRS news release IR-2008-17 with additional questions and answers on IRS.gov.

http://www.irs.gov/individuals/article/0,,id=179414,00.html


Posted on : Jan 30 2009
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Posted under Debt, Loan Modification, Mortgage |

Your Credit Card Payments Doubled MSN

The big players have raised minimum payments from 2% to 4% of your balance, meaning you’ll get out of debt much quicker. Here’s how to cope until that day.

Good news: Credit card companies are doubling their minimum payments.

Bad news: Credit card companies are doubling their minimum payments.

Huh?

So far, MBNA, Citibank and Bank of America have announced they are doubling minimum monthly payments on credit card balances from 2% to 4%. Others are expected to follow suit quickly. To some cardholders, that could be seen as a good thing. To others it could be devastating.

If you can handle the increased payment it’s good. Let’s face it, if you pay only a 2% minimum each month, your debt would probably last longer than most marriages. Doubling your minimum might put you back on the financial straight and narrow. Ostensibly designed to help consumers get out of debt faster, the increased minimums will force cardholders to pay off fees, interest and at least a portion of the principal each month.
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But if you simply can’t make that doubled minimum month after month, it could put you and many other debtors in over your head.

Why it’s happening
Over the past few years, low minimum payback rates of between 2 and 2.5% have encouraged Americans to spend, spend, spend — and to rack up an average credit card debt of close to $10,000 per household. For the estimated 40% of cardholders who carry a balance from month to month, the low minimums free up cash. But paying off a big charge little by ever-so-little also means that a $1,000 debt can turn into a 22-year commitment — and that you’ll accumulate thousands more in interest in the meantime.

“People are now in a revolving debt cycle that they’ll never escape,” says Adam Brauer, a debtor advocate and in-house counsel for Debt Settlement USA in Scottsdale, Ariz. “So the government nudged credit card companies into saying, ‘This isn’t working.’”

Specifically, regulators with the Office of the Comptroller of the Currency began pressuring credit card companies to raise minimum payments. Another incentive for change: The newly enacted Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, which requires credit card companies to post a kind of Surgeon General’s warning on monthly statements that notifies consumers about how long they’ll be in debt if they make minimum payments.

Help for big spenders
Although increased minimum payments aren’t a panacea for consumer debt, most financial experts think they’ll help.

“If you pay more per month, you’ll get out of debt quicker and you’ll pay less interest,” explains Mike Peterson, vice president and co-founder of American Credit Foundation, in Midvale, Utah.

Take the $2,000 Hawaiian cruise you charged to a card with an 18% interest rate. If you faithfully make minimum payments and never add another dime to the balance, it’ll still take you about 30 years to pay off the trip — and you’ll end up forking over almost $5,000 in interest. By making 4% minimum payments on the same debt, you’ll finish up in 10 years, and your interest payments will be around $1,100. “It’s a huge saving in time as well as interest,” says Peterson.

Another way increased minimums may cut debt is by forcing buyers who think in terms of monthly installments to take a second look at what they can afford. The new minimums will effectively double the monthly price of a purchase, turning a $40-a-month payment for a new sofa into an $80-a-month one. “People charge up to the point that they feel they have room within their budget to afford those payments,” Peterson explains. “If I’m trying to figure my budget based around what my credit card payment is going to be, I’ll be able to carry less debt.”

Bad news for big debtors
Of course, if your finances are already squeezed to the breaking point, the rate hike is a bitter pill to swallow — good for you in the long run, but hard to take right now.

“If you’re living paycheck to paycheck and your minimum payment goes from $200 to $275, spread over five cards, that’s an extra $375 a month,” says Brauer. “A lot of families can’t come up with that.” The banks already know that and are planning for it. Bank of America, one of the first to raise minimum payment requirements, worked an extra $130 million into its 2005 budget to cover projected losses from defaulting cardholders.

But default isn’t your only option if your new payment seems out of reach.

“I always tell people there are two sins: not paying, and not paying as agreed,” says Cate Williams, vice president of financial literacy for Money Management International, in Chicago. Most creditors would rather opt for the latter, so give your credit card company a call to see if you can either negotiate a reasonable payment arrangement or reduce your interest rate. Otherwise, missing a payment can quickly have you fielding calls from collections agencies — and at that point, no one will be willing to listen to you, says Williams.

Coming up with the cash
If you’ve been carrying a big credit card balance and suddenly need an extra $300 a month to make your minimum payments, now’s a good time to re-examine your finances. With some smart spending shifts and careful planning, virtually anyone can dig an extra 10 to 15% out of their budget.

Here are some ways to get started:

* Pay less to Uncle Sam. In 2004, 80% of taxpayers got a refund — on average, $2,400 a pop. By adjusting your withholdings, you can keep that money in your own pocket and put an extra $200 a month toward your debt.
* Curb your spending. Even small changes, like brown-bagging lunch or renting one DVD a week instead of three, can free up to 10 to 15% of your income, says Peterson. To find expenses you can shave, track your spending for seven days. You may be surprised at how relatively small expenses — like 75 cents for a Diet Coke from the vending machine — add up over time.
* See a credit counselor. The new bankruptcy law mandates at least two financial counseling sessions during the bankruptcy process, but if you see a counselor now you may be able to avoid reaching that point altogether. For help finding one, visit the website of the Association of Independent Consumer Credit Counseling Agencies or the National Foundation for Credit Counseling.
* Control your cards. Paying down a big debt is hard enough without adding more fuel to the fire. To avoid the temptation to spend, “Take every credit card except one out of your wallet,” recommends Williams. “Lock them away. People have frozen them in bowls of ice or given them to a trusted friend. I’m concerned about people walking around without some means of emergency cash. But we all agree what an emergency is, and a shoe sale at Nordstrom is not it.”

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Posted on : Jan 27 2009
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Posted under Debt, Debt Help |