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Credit Basics

A New Debt Squeeze

Borrowers plunged in debt have had two options to extricate themselves: Seek the protection of Chapter 7 bankruptcy, which erases most of their bills (though no taxes or child support), or enter credit counseling to develop a repayment plan Now, however, the credit card industry is making it harder for consumers to do either. A new personal-bankruptcy bill would discourage filings by requiring debtors to submit to a stringent means test before they could qualify to have the debt expunged under Chapter 7.

 

In a version already passed by the House, filers who could repay at least $4,000 within five years, and who could live on a strict allowance established by the Internal Revenue Service for taxpayers in arrears, would be required to reorganize their debt under the less forgiving provisions of Chapter 13. A somewhat more lenient Senate bill is under consideration. Both bills however, protect more-affluent debtors whose hefty mortgage and car payments would not be subject to the IRS limits. The bills may also exempt up to $10,000 in private-school expenses.

Most credit-card issuers, who previously paid debt counselors 15 percent of the money they recovered, have cut those contributions to 10 percent and, in some cases, as little as 6 percent. The banks have also curtailed the favorable interest rates they granted strapped consumers, making repayment more difficult. "It's a terrible situation," says Howard Dvorkin, President of Consolidated Credit Counseling Services in Fort Lauderdale, Fla. "The credit-card issuers want us to educate the public, but they don't want to pay."

Dvorkin tells me to get a copy of my report to make sure that all five credit cards I received reflect "cancellation by consumer." If the report mistakenly says a credit card company nixed its card, that could make it hard for me to get credit if I really need it.

I came away from the experience astonished for two reasons. First, I didn't realize just how easily a consumer can get overextended. And second, I didn't know that lenders sometimes make it extremely hard for you to cancel their cards if you're just trying to keep yourself out of debt.

My advice: Don't be too quick to accept those enticing offers in the mail. You just might be approved

OUT FROM UNDER

Help with your debts these days is no further than a mouse click or a flick through the yellow pages, but choose carefully. A reputable debt counselor will help design a budget, negotiate with creditors for easier payment terms, and teach you to live within your means. Most will ask for a donation when you can make one or impose modest monthly charges of $2 to $3 per creditor. There are no shortcuts for getting out of debt. The process may take three to five years, so avoid for-profit companies offering overnight credit repair, a switch to another credit identify, or other quick fixes. These are some of the better-know services:

Consolidated Credit Counseling Services, 800-SAVE-ME-2 (1-800-320-9929), www.consolidatedcredit.org.