Texas Debt Consolidation Vs Filing For Bankruptcy: Chapter 7 & 13 Explained

Key Takeaways

  • Debt consolidation combines multiple debts into a single payment, potentially lowering interest rates and simplifying finances.
  • Chapter 7 bankruptcy can eliminate many types of debt but requires the liquidation of assets.
  • Chapter 13 bankruptcy allows for debt restructuring and repayment plans over 3-5 years without asset liquidation.
  • Debt consolidation can protect your credit score, while bankruptcy significantly impacts it for up to 10 years.
  • Debt Redemption Texas Debt Relief offers consultations to help Texas residents evaluate their financial situation and choose the best debt relief option.

 

Debt Redemption Texas Debt Relief is a trusted debt relief company in Texas dedicated to helping consumers overcome their financial challenges. We offer personalized solutions including a debt settlement program exclusively offered only to Texans, a debt consolidation loan platform to shop for the best rates, and access to credit counseling solutions via our partners, to help you reduce and manage debt effectively. With a commitment to transparency and customer support, Debt Redemption Texas Debt Relief provides free consultations to guide you towards financial freedom.

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Debt Consolidation Vs Filing For Bankruptcy

Debt Consolidation 

Debt consolidation combines multiple loans into one new loan to make payments more manageable and potentially reduce your interest rates. 

Methods of Debt Consolidation

  • Debt Consolidation Loans: You borrow a lump sum to pay off existing debts and repay the consolidation loan in monthly installments. These loans often have lower interest rates than credit cards.
  • Balance Transfer Cards: You transfer existing credit card balances to a new card with a lower interest rate. Some cards offer a 0% introductory APR for a limited period, giving you time to pay down your debt without accruing additional interest. Pay off the balance before the introductory period ends to avoid high interest rates.
  • Home Equity Loans: You use your home’s equity as collateral. Typically home equity loans have lower interest rates than unsecured loans – but you risk losing your home if you default on the loan.

Pros and Cons of Debt Consolidation

Pros Cons
Simplifies finances by combining multiple payments into one. Good credit score and stable income needed. Poor credit may limit options.
Lower interest rates can save money and reduce total debt. Using a home equity loan or HELOC risks losing your home if you default.

Chapter 7 Bankruptcy 

Eligibility

To qualify for Chapter 7 bankruptcy, you must pass the means test and complete credit counseling from an approved agency within 180 days before filing to explore viable alternatives.

The Means Test

The means test determines if you have enough disposable income to repay debts. You need to calculate your average monthly income over the past six months and compare it to the median income for a household of your size in Texas. If your income is below the median, you can file for Chapter 7. If above, further calculations determine if you can repay a portion of your debts through Chapter 13.

The Process

  • Complete credit counseling from an approved agency.
  • File a bankruptcy petition with the court, including detailed financial information.
  • An automatic stay stops most collection actions against you.
  • A bankruptcy trustee oversees your case.
  • Attend a meeting of creditors for questions about your financial situation.
  • The trustee reviews and may sell non-exempt assets to repay creditors.
  • Complete a debtor education course to discharge eligible debts.

Liquidation of Assets

The trustee will liquidate the necessary non-exempt assets to repay creditors. Exempt assets, like your primary residence, personal belongings, and certain retirement accounts, are protected. Non-exempt assets, such as valuable collections, secondary homes, or luxury items, may be sold to satisfy debts. Know which assets are exempt under Texas bankruptcy laws.

Types of Dischargeable Debts Under Chapter 7

  • Credit card debt
  • Medical bills
  • Personal loans
  • Utility bills
  • Some older tax debts

Certain debts are not dischargeable, such as student loans, recent tax debts, alimony, child support, and debts from fraud or illegal activities.

Impact on Credit

Filing for Chapter 7 significantly impacts your credit score and remains on your credit report for up to 10 years – which can make it challenging to obtain new credit, secure loans, or rent an apartment. However, many find their credit scores improve over time as they rebuild credit and demonstrate responsible financial behavior. 

Timeline

The Chapter 7 process typically takes about 4 to 6 months from filing to discharge.

A person holding a stack of cash, representing the potential benefits of debt consolidation.
Learn how bankruptcy can help eliminate debt and determine if it’s the right option for your financial situation.

Chapter 13 Bankruptcy

Eligibility

To qualify for Chapter 13 bankruptcy, you must have a regular income and meet certain debt limits. As of 2023, unsecured debts must be less than $465,275, and secured debts must be less than $1,395,875. You must also complete credit counseling from an approved agency within 180 days before filing.

The Process

  • Complete credit counseling from an approved agency.
  • File a bankruptcy petition with the court, including detailed financial information and a proposed repayment plan.
  • An automatic stay stops most collection actions against you.
  • A bankruptcy trustee oversees your case.
  • Attend a meeting of creditors for questions about your financial situation.
  • The court holds a confirmation hearing to approve your repayment plan.
  • Make monthly payments to the trustee, who distributes funds to your creditors.
  • After completing the repayment plan, remaining eligible debts are discharged.

Repayment Plans

Create a repayment plan to repay debts over 3 to 5 years. The plan must be court-approved and is based on your income, expenses, and types of debts owed. 

Secured vs Unsecured Debts

  • Secured Debts: Backed by collateral, such as a home or car, secured debt generally receives priority in the repayment plan. You can also continue regular payments may continue outside the plan.
  • Unsecured Debts: Not backed by collateral, unsecured debt is often repaid at a lower percentage, and any remaining balance may be discharged at the end of the repayment plan.

Pros and Cons of Bankruptcy

Pros Cons
Debt discharge  Chapter 7 remains on your credit report for up to 10 years; Chapter 13 for up to 7 years. Challenging to obtain new credit, loans, or rent an apartment during this time.
An automatic stay stops most collection actions, including foreclosure, repossession, wage garnishment, and creditor harassment. Bankruptcy filings are public records, which can affect your privacy and ability to secure certain types of employment or housing.

Comparison: Debt Consolidation vs Bankruptcy

When to Choose Debt Consolidation

  • Good credit score and qualify for a low-interest consolidation loan
  • Multiple high-interest debts, like credit card balances, to combine into one payment
  • Steady income and can afford monthly consolidation loan payments
  • Want to protect your credit score and avoid the long-term impact of bankruptcy

When to Choose Bankruptcy

  • Overwhelming debt that cannot be repaid through consolidation
  • Facing foreclosure, repossession, or wage garnishment, needing immediate relief from creditors
  • Insufficient income to cover basic living expenses and debt payments
  • Few or no assets to protect

Making an Informed Decision

Assessing Your Financial Situation

  • List all debts, including balances, interest rates, and monthly payments.
  • Calculate total monthly income and expenses to determine how much you can afford to pay toward your debts each month.
  • Consider the impact of each option on your credit score, assets, and future financial goals.
  • Evaluate if you can realistically repay your debts through consolidation or if bankruptcy is more suitable. 

Seeking Professional Advice

  • Consult with a debt specialist or credit counselor for valuable insights.
  • Debt Redemption Texas Debt Relief offers free consultations to discuss your debt relief options, including debt settlement, consolidation, and bankruptcy. 
A close-up view of a wallet filled with various credit cards, highlighting the burden of credit card debt.
Dealing with multiple credit cards? Find out how to manage your debt effectively.

How Debt Redemption Texas Debt Relief Can Help

At Debt Redemption Texas Debt Relief, we understand the challenges of managing debt and the importance of finding the right solution. With over 20 years in the business, we offer assistance with:

  • Debt Settlement: Negotiate with creditors to reduce your debt and create an affordable repayment plan.
  • Bankruptcy Assistance: We can connect you with a highly-rated Texas bankruptcy law firm which can offer affordable payment plans to clients referred by Debt Redemption Texas Debt Relief.
  • Debt Consolidation: Consolidating your debts into a single, manageable loan.

Book your free consultation

 

Frequently Asked Questions (FAQs)

What is better for my credit score?

Debt consolidation is better for your credit score than bankruptcy. Consolidating debts and making timely payments can improve your credit. Bankruptcy significantly impacts your credit score and remains on your credit report for up to 10 years.

Can I keep my home in bankruptcy?

Yes, you can keep your home in bankruptcy. In Chapter 13, you can include your mortgage in your repayment plan and keep your home if you continue making payments. In Chapter 7, you may keep your home if it is exempt under Texas bankruptcy laws and you continue making mortgage payments.

Is debt consolidation a quick fix?

No, debt consolidation is not a quick fix, as it requires discipline and commitment to making regular payments. However, it can simplify your finances and reduce interest rates.

How long does bankruptcy stay on my record?

Chapter 7 bankruptcy stays on your credit report for up to 10 years. Chapter 13 bankruptcy remains for up to 7 years. During these times, obtaining new credit, securing loans, or renting an apartment can be difficult.

What types of debt are not dischargeable in bankruptcy?

  • Student loans (unless undue hardship is proven)
  • Recent tax debts
  • Alimony and child support
  • Debts from fraud or illegal activities

Why should I choose Debt Redemption Texas Debt Relief?

With over 20 years of experience, Debt Redemption Texas Debt Relief offers expert guidance on debt consolidation along with bankruptcy assistance. Our personalized consultations help Texans find the best debt relief solution – with up to 40% lower fees than competitors.

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