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So if someone were to take an offer, what would be the proper way to do it?

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    So if someone were to take an offer, what would be the proper way to do it?

    Back when my finances were swirling around the drain, I pretended to the collectors that I was considering offers, and that if I could not make everything work out right, that I was going to file Chapter 7. (My main goal was to deter them from filing a suit and garnishing my bank account that was holding a good sum of cash that I ended up using to help buy my house on the eve of BK. )

    Anyway, I was wondering how this should be done. It seems that a creditor would need to send a letter that would state something like, "upon acceptance of this offer with payment, the remaining balance is to be waived, with forfeiture of the right to recover." I presume that all creditors have some sort of form letter, and that if any creditor had tried to sneak in some sort of trick legalese that did not actually over a debt reduction, that some judge or regulator would have just unloaded on that creditor, so I tend to think that this would not be a possibility ... but you never know!

    And if someone were to decide that only if he could get all his creditors to give him a net acceptable offer would he decide to take them, how should that be handled. (BTW, in my diversionary situation, I had 10 creditors.)

    #2
    Not sure anyone here has been able to get ALL of their creditors to agree to a settlement. Seems there is always one who holds out and forces one's hand to a BK. Unless they all agree, it would be pointless and a huge waste of money.

    It's been suggested that you write all of them and make them some kind of minimum offer as a starting point.

    Remember that if you can get all of them to settle (highly unlikely) that you may be responsible for taxes on the forgiven debt as well. If, for instance,you have retirement funds that are exempt in BK, they are NOT exempt from being calculated into your net worth for purposes of determining solvency.

    I had a pipe dream that we would settle too. Finally realized that , short of a nice inheritance or lottery win, it would not be a good idea. Btw, I have had a few decent offers of 20-30 per cent, but not from all of my many. Advanta for instance has made no offers, nor has Discover; although Chase, Citi, BoA and Amex all have.

    Good luck, and if you are able to settle, YES you need something in writing. Someone will be along to chime in on the correct wording.

    Keep On Smilin'

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      #3
      I think this a moot point since you said you closed your house on the eve of bk. It was a pretty good ploy though to keep the wolves away a bit longer. Grats and good fortune in your bk travel. 'Hub
      If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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        #4
        Why would you want to settle after BK? You will still have the BK on your credit report, will have 1099's etc? Just curious.
        Filed CH 7 4/15/11
        341 5/23/11
        DISCHARGED & CLOSED ON 7/27/11

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          #5
          Your post is confusing. did you file for BK? If you received a discharge, then who cares about settling. Dumb. What would be the point of BK? What is a diversionary situation?

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            #6
            Originally posted by keepsmiling View Post
            Remember that if you can get all of them to settle (highly unlikely) that you may be responsible for taxes on the forgiven debt as well. If, for instance,you have retirement funds that are exempt in BK, they are NOT exempt from being calculated into your net worth for purposes of determining solvency.
            So you are saying that the Feds would consider retirement assets as being able to pay the taxes, so if someone were to have enough in there, the Feds would not relent on releasing the liability?

            Comment


              #7
              Originally posted by AngelinaCatHub View Post
              I think this a moot point since you said you closed your house on the eve of bk. It was a pretty good ploy though to keep the wolves away a bit longer. Grats and good fortune in your bk travel. 'Hub
              I know, but I was just curious as to how it would have happened.

              Comment


                #8
                Originally posted by treehugger1 View Post
                Your post is confusing. did you file for BK? If you received a discharge, then who cares about settling. Dumb. What would be the point of BK? What is a diversionary situation?
                I was curious about it.

                The diversionary tactic was that by having the creditors think that there was a chance of me doing a settlement instead of just doing Chapter 7, that they would not waste the effort to sue me and get a judgement, which could have led to the confiscation of the cash I had in my checking account - cash that I intended to use, in part, to purchase a house right before filing Chapter 7.

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                  #9
                  Originally posted by JackBondLove View Post
                  So you are saying that the Feds would consider retirement assets as being able to pay the taxes, so if someone were to have enough in there, the Feds would not relent on releasing the liability?
                  Yes.
                  Your retirement assets are considered equally along with your home, car, cash, and any other assets including clothing, furniture, etc. If the total amount of your assets is worth more than your total liablilities, you are not insolvent (for tax purposes on forgiven debt). You will owe taxes on any amount forgiven according the level of your solvency. There is a formula here:http://www.debtfreedestiny.com/debt-...-income-taxes/

                  This certainly kept me from settling, and I got some pretty good offers. Luckily I found this forum before raiding my 401K so it's still there and technically I am not insolvent.
                  But paying the taxes is a deal breaker, especially since I'd have to raid the 401K to pay them, plus pay taxes on the "income" from raiding it.

                  BK looks better and better, doesn't it?

                  Keep On Smilin'

                  Comment

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