What Happened With Student Loans?

Student loans are going back into repayment with interests starting to accrue from September 1st, 2023 and payments due starting October 1st 2023. In June, The Supreme Court ruled that the Biden Administration did not have the authorization to forgive up to $20,000 of student debt per borrower.


In response, President Biden announced a 12-month "on-ramp" transition period which will run from October 1st, 2023 to September 30, 2023. The goal of the 12 months “on ramp” is to provide borrowers with time to adjust to the new repayment terms.

During the 12 month on ramp:

  • Loans will not be reported to the credit reporting agencies for being late
  • Loans will not be charged off and sold to debt collectors
  • Interest rates will still accrue if payments are not made

On this page we'll cover what your options are to deal with your debt and student loans as they go into repayment.

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Consequences of Not Paying Your Student Loans

What happens if you don’t pay your student loans?

Although the 12-month “on ramp” will prevent your account from being reported to the credit reporting agencies as delinquent and prevent your loans from being considered in default and sold to debt collectors, you would still accrue interest on your loans if you do not pay your student loans

What happens after the 12-month “on-ramp” period if you continue to not pay your student loans? 

As of now, if you continue to not pay on your student loans after the 12-month “on ramp” period, a couple of things may happen. They may be reported to the credit bureaus as delinquent and sold to collection agencies which would negatively impact your credit score and open you up to collection calls. The loan providers could also pursue legal action and try to receive the payment in the form of a judgment (wage garnishment, lien, etc.) through a lawsuit. 

How to Deal With Student Loans

Going Into Repayment

With student loans going back into repayment, you may be wondering what your options are to keep up with the payments. Especially if it seems like you won’t be able to make them. Here are some options you could consider to deal with your student loans directly and indirectly (freeing up money to pay towards your student loans).

Discharging Student Loans in Bankruptcy

Bankruptcy: Although it may be harder to discharge than other debts in a bankruptcy, student loans could potentially be dischargeable through bankruptcy. Depending on whether your loan is a private or federal loan, it may be treated and potentially discharged differently in a bankruptcy. 

According to the Consumer Financial Protection Bureau, some private student loans could be discharged along with other debt in a bankruptcy. It may be helpful to speak to a bankruptcy attorney in a free bankruptcy consultation to confirm if your private student loans are dischargeable.


Other private and federal student loans could be discharged in a bankruptcy as well. In these cases, the debtor would need to file an adversary proceeding and the bankruptcy courts find that paying back the student loan would cause undue hardship. It’s important to note that getting student loans discharged through bankruptcy could be hard and might not work for everyone. Many times attorneys are not willing to pick up cases that require an adversary proceeding because of the complexity and time it takes.

What is an adversary proceeding? An adversary proceeding is essentially a lawsuit inside of a bankruptcy.

What is undue hardship? According to Federal Student Aid, the bankruptcy court determines undue hardship by looking at a handful of factors:

  • Can you maintain a minimal standard of living if you pay the loan back?
  • How much of the repayment period would you be in hardship?
  • Have you paid back your loans in good faith before you filed bankruptcy?

Federal Student Aid also states that if the bankruptcy court finds that paying back the student loan would cause undue hardship, the court may:

  • Fully discharge your student loans - all collection activity will stop.
  • Partially discharge your student loans - you may need to repay a portion of your loan.
  • Change the terms of your student loan repayment. Ex: lower interest rate.

Eliminate Other Debt So You Can Pay Student Loans

If you are unable to discharge your student loans in a bankruptcy. You could consider eliminating other debt to free up cash flow to pay toward your student loans. You could file a bankruptcy or pursue other debt relief options so that you can lower or get rid of your other debt payments in order to afford your student loan payments.

How are student loans treated in a bankruptcy when they are not discharged? 

If you cannot discharge your debt in a bankruptcy, a bankruptcy may still be helpful. Student loans are typically classified as general unsecured debts, but their treatment in a bankruptcy can vary based on the bankruptcy trustee's interpretation of the law. 


In a Chapter 7 Bankruptcy, if the student loans are not discharged, the student loans may just continue, but hopefully you could discharge some debts to free up money you can pay towards your student loans.

In a Chapter 13 Bankruptcy, student loans may be treated differently depending on the trustee’s interpretation of the law. Some trustees might group student loans with other unsecured debts potentially causing the loans to grow during a Chapter 13 repayment plan if they are not able to receive payments. Which would leave the borrower liable for the full balance along with the interest accrued during the repayment period. On the other hand, some trustees might have debtors continue paying their student loans throughout the Chapter 13 case to ensure they remain current on their debt. Although it would help pay the student loans down, it might not be as appealing because it would make the Chapter 13 repayment plan higher.

Calculate Options To Eliminate Other Debt:

Options to Discharge Student Loans Besides Bankruptcy

What are your options if you can’t discharge your student loans in bankruptcy but you can’t afford to pay them back? Here are a handful of options you can consider:

1. Loan Forgiveness, Cancellation, or Discharge

Loan Forgiveness, Cancellation, or Discharge: According to the U.S. Department of Education, there are a handful of ways to get your federal student loans forgiven.
Specifically for: 

  • Teachers
  • Government employees
  • Nonprofit workers
  • Healthcare professionals
  • Individuals with disabilities
  • People under income-driven repayment plans.

You may also qualify to discharge your loans if your school closed or misled you or a handful of other reasons. To see a full list visit the U.S. Department of Education’s Student Loan Forgiveness page.

2. Alternative Repayment Plans

Alternative Repayment Plans: If you have a federal student loan, you could consider reaching out to your loan provider to work together on a repayment plan that would work for you. Some repayment plans are:

  • Graduated repayment - increasing your payments every 2 years so you can have lower payments in the beginning with more entry level jobs.
  • Extended repayment - extending your 10 year loan to a longer period (like 25 years) to have a lower monthly payment.
  • Income-contingent repayment - payments are capped at 20% of adjusted gross income for up to 25 years. After 25 years, if the loan is not completely paid off the rest of the loan is forgiven.
  • Pay-as-you-earn -  payments are capped at 10% of monthly income for 20 years. This requires being able to prove financial hardship. It may be hard to qualify for financial hardship but if you do you will be able to continue to do a pay-as-you-earn after you are no longer in hardship.

3. Loan Consolidation

Loan Consolidation: Federal student loans can be consolidated into a single federal loan, which may streamline repayment. See if you can consolidate your federal loans on the Federal Student Aid website. If you have private loans, you could also look to consolidate them with a lower monthly payment or interest.

4. Strategic Payment Methods

Strategic Payment Methods: Use pay off plan options like the avalanche, snowball, or savvy method to prioritize your payments towards our debt and reduce the principal so you can get out of debt cheaper, easier, and faster.

5. Refinancing

Refinancing: You could also consider refinancing your student loans with a private lender. Ideally you can refinance with lower interest rates so you can save on the interest. Lenders tend to consider your credit score, history, debt-to-income ratio, and other lending criteria when qualifying your rate and eligibility.

To check if you qualify for refinancing and what rate you could get. Check out Juno to find your best student loan refinance options.

6. Deferment and Forbearance

Deferment and Forbearance: Federal student loans offer options for deferment and forbearance, allowing you to temporarily postpone your payments. Deferment doesn't accrue interest during the approved period, while forbearance might add accrued interest to the principal. Check the Federal Student Aid page on deferment and forbearance for more information.

What Option Is Right For You?

Not sure what option is best for you? Give us a call/text at 833 272 3631 if you have any questions or clarifications. We would love to pass you over to a bankruptcy attorney to see if you can get your student loans discharged or if discharging other debt would help you free up money to afford your student loan payments.

Sources:

https://www.cnn.com/2023/06/30/politics/supreme-court-student-loan-forgiveness-biden

https://www.supremecourt.gov/opinions/22pdf/22-506_nmip.pdf

https://www.whitehouse.gov/briefing-room/statements-releases/2023/06/30/fact-sheet-president-biden-announces-new-actions-to-provide-debt-relief-and-support-for-student-loan-borrowers/

What Is Bankruptcy? How Does It Work?

Bankruptcy is legal debt relief process where a debtor can legally be forgiven (via a discharge) from some or ALL of his/her debts.

Bankruptcy is a legal way for people to get help when they cannot afford to pay back the money they owe. By going through bankruptcy, people can either get a fresh start wiping their debt (Chapter 7) or create a plan to pay back what they can over time (Chapter 13). Bankruptcy is a way to find relief and a chance to improve their financial situation under the guidance of the court.

Check out this video covering the pros and cons of bankruptcy.

Bankruptcy Alternatives

Looking for different ways other than filing for bankruptcy? Bankruptcy may be the last thing you want to end up doing so why not try something else. Well luckily, there are plenty of alternatives to choose from and learn about. For example, have you heard of home co-investment? It's not a HELOC or a reverse mortgage, and it doesn't require a monthly payment.

We will cover each one in detail below. If it's helpful, check out Justin's video where he covers bankruptcy alternatives and then our free bankruptcy alternatives calculator to estimate cost and options.

Here's the bankruptcy alternatives calculator that you can take to help you compare your different debt relief options, the costs, and the pros and cons of each option.

Debt Settlement

One bankruptcy alternative that you can look into is debt settlement. It can be a great option for you to move forward if your debt becomes unmanageable to continue paying. There are many similarities between debt settlement and bankruptcy.

So, what is debt settlement? Debt settlement is when an individual is able to negotiate to lower your debt less than what you originally owe. That way a portion of what you were supposed to pay back will be forgiven. For example, if you owe in debt $100,000, debt settlement is able to negotiate the amount down to $50,000. Though how does the process of debt settlement look like?

Understand the Process

When going through the process of debt settlement, most of the time you use a debt settlement company to guide you through the experience. Keep in mind when looking for a debt settlement company, always do your research before to make sure it is the right one for you. Now getting into the process, debt settlement companies are the link you need for what you owe in debt and the creditor. The debt settlement company will make you an escrow bank account for where all the funds will be collected. From there they will put together all the payments into one for the creditors. They will become your primary contact and negotiate for you to lower your debt. From there you will decide to either accept/decline your settlement and new monthly payment plan. Once accepted you will start sending payments to the creditors till you finding paying off your debt.

Sounds pretty good, though we also have to consider some of the negative impacts it may bring. Such as, how debt settlement can damage your credit score depending on your situation. Sadly, most of the time it will have a negative effect on your credit score throughout the process. So it’s a good idea to consider the pros and cons, depending on your situation.

Understand the Fees 

Debt settlement is a common alternative to bankruptcy, but you may want to think about the cost and fees of debt settlement. Debt settlement companies often charge fees based on the enrolled debt or the saved amount. You should also consider the FTC's guidance and look up whether your attorney general has specific insights for debt settlement in your state. These are just a few things you should think about before looking into debt settlement.

One of the most important things to consider with debt settlement are fees. Many debt settlement companies will charge between 15-25% of enrolled debt. That variance can means thousands of dollars in either less or more fees. This is why we love working with this company as they charge some of the lowest fees in the industry and also maintain an A+ on BBB and a 4.8 rating on Google based on 118 reviews.

Analyze The Debt Relief Companies Reviews

Another thing to consider is the debt relief company's reviews who you are going to work with. Many debt relief companies have positive reviews, but you can find that negative reviews reveal a lot about a company's operations. This is why we only work with 2-3 debt relief firms because many debt relief have a lot of negative reviews. 

While debt settlement is a common alternative to bankruptcy, debt management can preserve your credit score although your monthly payment may be quite a bit higher. Let's dive right in.

Debt Management

You can also consider another alternative called debt management. Debt management is when you collaborate with a company such as credit counseling or debt consolidation to help manage the debts you owe. Debt management isn’t a company that will lend you more loans or settles your debt. What debt management does is help lower your interest rates when paying through the company. For instance, debt management will try to negotiate the debt interest rate down (22% to 7%). As well as, be able to waive certain fees. This will help you to use that money towards the monthly payment that you owe. Which will allow you to pay off your debts faster. So how is the process like to apply for debt management?

Understand the Process

When meeting with a debt management counselor, the agency will look through all your debts. From there they will determine and estimate the amount it will take to pay off your debts with a certain time frame. Typically it is about three to five years long. That is when a monthly payment will be created for you depending on how much debt you need to pay off. Then you will start making those payments towards the company and they will pay your creditors instead. So no need to worry about paying every month since they will be paying for you. After a couple of years, you have paid it all off. Though don’t be fooled just yet because there are also some cons you have to remember.

The thing that credit counseling companies and non/profit debt management agencies are great at doing is making it seem so simple to do. Although you need to make sure you are getting the full picture when thinking about using debt management. Something you should definitely know is the service/maintains fees you will have to be paying for. So not only you will be paying off your debts through the monthly plan but also the added fees for using the companies/agencies. Adding those additional fees may not be saving you any money when paying off your debts. Not only that but you must close all your credit cards because they want to make sure you don’t owe more in debt over time. Understand the credit score impact. Many people also compare debt settlement to debt management. Besides that, depending on your situation this can still be a good option to move forward with.

Debt Payoff Planning

An alternative you can consider is using a debt payoff planner. Such as the Savvy Debt Payoff Planner for this option. It is an app on iOS and Android where you can get out of debt faster. The Savvy debt payoff planner has a zero-based budget and will encourage you throughout the process. It will show how your debt freedom date moves closer and your debt decreases in real-time. It is also super simple to use. You are able to add your bank accounts, credit cards, and loans that you are paying off. As well as automate a budget and a payoff planner for you to use to help reduce expenses.

What is different about the Savvy Debt Payoff Planner is their own savvy method, compared to the snowball or avalanche method to pay off your debt. So, let’s go over each one of the snowball, avalanche, and savvy methods to get a better understanding of it and compare.

Debt Snowball Method

The snowball method is when you start by listing all your debts from smallest to largest. Then from there, you start paying off your smallest debt first and make your way to the largest. This is one of the more common methods much use because of how motivating it can be. When you start seeing your debts being paid off it can become encouraging to keep on going until the end.

Debt Avalanche Method

The avalanche method is when you list your largest interest to your smallest interest debt. Then you start off with the minimum payment on all your debts. Though once you start paying them off you use those funds towards paying off the highest interest debt. From there you will keep on going with the same routine until you have paid off all your debts.

Debt Savvy Method

The savvy method uses both snowball and avalanche methods combine. Using the savvy method will help encourage you as you pay off your small debts. Though it will also gain some of the interest savings by adding the avalanche method. This will help you keep a lookout on your interest rate while also getting psychological benefits from seeing your debts being paid off.

If this aligns with your financial situation, then maybe this could be your option to use to help pay off your debts.

Home Co-Investment

Bankruptcy exemptions can help protect your assets from a Chapter 7 bankruptcy. That said, one of the biggest challenges with a bankruptcy is when your home has equity that is well above your state's bankruptcy homestead exemptions.  For example, let's say you have $200,000 in home equity and the homestead exemption in your state is $50,000. You have $150,000 above the exemption, so if you file Chapter 7 bankruptcy, you may lose your house. If you file Chapter 13 bankruptcy, your Chapter 13 plan payment may be too expensive. You also may be in a position where you cannot get a HELOC or do a reverse mortgage. 

This is a challenge for many people, so there's something called home co-investment where a company will invest in your home for a share of equity in your home. So, when you sell your home, you will get some of the equity, and the home co-investor will also yield a profit from the equity.

The benefit is that you can access equity in your home debt free.

If you are interested in this option, you need to understand whether your home would be eligible. To check eligibility, you can use this link which will show you eligibility and how much you may be able to unlock. If you use this option, please consider reading all the pros and cons of this option and read through the costs. For example, for this option, there may be a lien that is put on your house. You may also consider reading how long you have until you would have to share the equity back with them and how much equity you would need to share with them.

Debt Consolidation Loan

You can also look into a debt consolidation loan as another alternative for you. Basically, a debt consolidation loan is a loan that combines all your debt into one. Since it is just one loan now, you will only have to deal with one payment. For example, let’s say someone has 5 credit cards and $10,000 owed each, so $50,000 and let’s say payment is $500 per month. So your average interest rate is 18%. What Debt consolidation can do is; $50,000 loan - $475 per month and the interest rate are down to 15% now.

That way you aren’t as stress paying different loans back and lose track. Getting a debt consolidation loan also may lower your interest rate as we see in the example. Although to get a debt consolidation, it does depend on your credit and how much you want to combine your debt. One thing to mention is to not worry about your credit score/report. It won’t hurt it! A debt consolidation loan can become more manageable for you to use if this aligns more with what you are looking for.

Mortgage Refinancing

Now even though it is not the most common alternative, mortgage refinancing could be a good idea. How mortgage refinancing works is when the homeowner acquires a new mortgage loan and replaces their previous one. For instance, let’s say the mortgage is $500,000 worth and $300,000 owed → You have $200,000 in equity. Then you refinance your mortgage for $400,000 and get $100,000 in cash. It is nice because now you have more funds and also save more on your mortgage interest. Though here is the problem → $400,000 loan now, so your monthly payment is higher. Also, let’s say you had 20 years left on a 30-year loan. Now, with $400,000 loan, you are back to a 30-year loan. Definitely doesn’t sound fun, but it could still be of use as an alternative.

Help From Family or Friends

An alternative you can do is to also ask for help from your family and/or friends. Sometimes in certain financial situations, this might be an option you should consider. Most of your family and friends don’t ever want to see you financially struggle. So it never hurts to ask to borrow money as a loan or to even donate to you. The worst thing to happen is if they say no. From there you can move on to the next friend or family member who you are close with that may help you out. Just remember that it never hurts to ask.

Increasing Income

Increasing your income can be another option for you to do. You can increase your incoming by picking up a second job to make some extra income on the side. Such as working at a retail store or your local restaurant. You can do this by doing some research online or going around town to see who is hiring. Keep in mind, if you are looking for a second job, find one that you can also earn tips from. If you have a car, you can also look into working for companies like Uber, Lift, and DoorDash. What is nice about doing that is it is on your own schedule and time. So whenever you are free you can go around town picking people up or dropping off someone’s meal. It is also a great way to earn more tips on the side.

Freelancing is also another option you can look into. Such as using Upwork to find small job opportunities to do for others. Such as re-writing articles, proofreading an essay, or doing a few sketches for someone. Again, it is nice to look into this if you are on your own schedule.

Decreasing Expenses

You should also look into decreasing your expenses you may not even use or have better offers. Check for any subscriptions you may have. Such as Netflix, Hulu, HBOMax, STARZ, and Apple TV to see if you are really using all of it. If you aren’t using those subscriptions, delete them and only stick with one subscription for now.

You can also decrease your expenses by not going out as much to eat, like take-out food. Instead, cook at home, it will save you money over time. If you love coffee, maybe stick with at-home coffee instead of going to Starbucks in the morning every day. You will save a ton of money by not spending your money at takeout places. It might be hard at first but worth the sacrifice.

You should also look into your cell phone service provider and see if you are getting the best offer. In fact, look into other providers as well and see which one is more beneficial for you financially. Such as T-Mobile vs AT&T and Verizon ($40 deduction per month and unlimited GB vs 2 Gb). Just cutting back these few expenses can make a big difference financially for your future.

Doing Nothing

I would generally not recommend this option, but what can happen if you have debt and stop paying? Well, nothing good and it will just get worse. Doing nothing will cause creditors to possibly sue you for unpaid debt. They will sue you when they think they can start collecting the debt. Such as your property, amount of debt you still owe, state laws on garnishment, and statutes of limitation.

If you are being sued there are a few things you can try and do before going to court. For instance, you can try and settle your debt on your own. Though you also have to remember you can still be sued in debt settlement programs. If you are, in court most judges will be lenient depending on your case with a valid reason. Though it is always a good idea to try and resolve the issue before heading into court.

If a judge goes against you, a few things may happen. The debt collector can attempt four different ways. For example, Wage garnishment of a paycheck, Levy/garnishment of a bank account, Lien on property or assets – Home mortgage, and Continue normal collection practices. This is why you should never get to this point of “doing nothing” because that will become the biggest mistake of your life.

What is Debt Relief?

Debt relief (also called Debt Settlement) can be an effective way to help you get out of debt when that debt becomes unaffordable. There are 4 main types of debt relief including Chapter 7 bankruptcy, Chapter 13 bankruptcy, debt settlement and debt management. For the purpose of this section, we will spend the most time focusing on debt settlement as that is the most common option. That said, we wrote extensive articles covering Chapter 7 bankruptcyChapter 13 bankruptcy and debt management if that's what you are most interested in.

With debt relief, it is VITAL that you understand the fees associated. Debt relief also has pros and cons you should consider. For example, a payday loan offers cash for an immediate need, but the interest rate is often debilitating. It can lead one down the cycle where it feels that you are robbing Peter to pay Paul.

In the following video, I will highlight how debt relief works (also known as debt settlement), which is one of the biggest alternatives to bankruptcy.

As mentioned in the video, here's the link to our free debt relief calculator, which will help you estimate the cost and duration of debt relief.


What is Debt Relief?

Debt Relief is an individual or service working on an individual’s behalf to negotiate your debts lower than what is owed. Debt settlement is for an individual who is unable to afford his/her debt.

There It is a specific option among a variety of options that cover the severity spectrum.

Debt Relief Process:

Debt settlement companies work as an intermediary between the individual owing the debt and the creditor. The debt settlement company will do the following for the enrolled participant:

  • Create an enrollee-owned escrow bank account for the enrollee where all of the funds are aggregated.
  • Consolidate all of all the payments to creditors into one payment.
  • Act as the primary contact between the creditors, preventing future collection calls.
  • Negotiate on behalf of the enrollee for less than owed based on financial hardship.
  • Receive permission from the enrollee on whether to accept the settlement and payment plan.
  • Manage and send all of the payments to the creditors until the debt has been paid for and is resolved.

A couple points to note:

  • Understand the fees charges and compare those fees against other debt settlement company fees. Companies charge different amounts for a similar service, so do your homework to get the best rate.
  • Understand how the program works and who you work with after the program starts. Some programs have personal finance advisors and others send you to customer service after the sales is made.

Debt Relief Pros and Cons:

The extensive list of Debt Settlement pros and cons below is from perceived highest importance to lowest importance:

Debt Settlement Pros

  • Savings - You often pay less than owed. The savings vary by creditor, but the savings can be 50% or higher.
  • Payment Flexibility - You have more flexibility to set the amount for your escrow account each month than a bankruptcy or a loan.
  • Time - Debt settlement programs can produce debt freedom much faster than making minimum payments or pursuing a consolidation loan.
  • Avoid Bankruptcy - Debt settlement can be a great alternative to bankruptcy in certain situations.
  • Financing Flexibility - You may have access to credit or. a loan faster with debt settlement than bankruptcy.
  • Accountability - Canceling your credit cards in debt settlement can act as accountability.

Debt Relief Cons:

  • Credit Score and Credit Report - Your credit score will often be negatively impacted during the program, so the question is whether getting out of debt is more important than your temporary credit score. Your credit report will also show that you settled your debt which can have adverse effects.
  • Creditor Lawsuit - Creditors may file a lawsuit.
  • Late Fees and Interest - The debt owed at negotiation is often higher, so negotiations are on a higher amount.
  • Creditor May Not Work With You - Creditors may not accept settlement offers to settle debt. Ascend has data to help determine likelihood of settlement at enrollment, but creditors policies and procedures may change.
  • Potential Taxes on Forgiven Debt - Forgiven debt may be taxable if the individual is solvent. Often, many individuals can qualify for technical insolvency, but that does not apply to everyone.
  • More Expensive than Chapter 7 Bankruptcy - Debt settlement often costs more than a Chapter 7 bankruptcy and potentially a Chapter 13 bankruptcy.

How Much Does Debt Relief Affect Your Credit Score?

It depends on each situation. There is almost always a negative impact, but the extent of the impact often depends on the state of your credit score when you entered the program. Debt settlement may be the right option for someone with an 800+ FICO score as well as a 570 FICO score as depends on each individual situation. It may also not be, which is why we created a calculator to help everyone determine the plan payment cost estimates and the pros and cons for each solution.

Previously I wrote an extensive article covering debt settlement credit score impact. Credit score impact is a major concern of most folks entering a debt settlement program, so let’s get into the nuts and bolts of how your credit score may be impacted.

Debt Settlement: Credit Score and Credit Report Impact:

Many individuals researching debt settlement ask us, “How much will debt settlement negatively impact my credit score?” This is a challenging question because the impact of the credit score affect is dependent on many different factors:

  • Credit score presently: Debt settlement will have less of a negative impact if your accounts are already behind. It will have a higher impact if all of your accounts are in good standing.
  • Settled Account amounts: Large balances appears to have a larger impact on your credit score than low balance accounts.
  • Creditor reporting practices: There are creditors who do not report, and other creditors only report to one of the credit bureaus. How your creditor reports will contribute to how your score is impacted.
  • Account status on your credit report: When you settle an account, there is generally a notation that states, “Paid Settled”. This status is generally better than a charge off, but does not look as good as a paid in full.

Credit Score Debt Settlement Impact Simulation:

To understand the potential credit score impact, we ran three hypothetical simulations using the FICO simulator provided by the FICO consumer division of FICO. We simulated three scenarios where the starting credit was good credit, fair credit and poor credit. We used the definitions from Experian to define what is good, fair and poor credit. Everyone’s score is quite different (meaning that a 640 may be comprised differently than another 640).

How do we help mitigate the negative Credit Score effect?

There are three main ways that Ascend helps address this issue for people who join the Ascend debt settlement program.

  • Estimating credit report impact: We can provide free estimates during the program of where your credit score will be once you finish the debt settlement program.
  • Reviewing your credit report: Your personal finance advisor can analyze your credit report at any point in the program. Our advisors are trained to understand the credit report, so we can help find potential inaccuracies or other issues on the report.
  • Resources to help repair credit: Your advisor can show you how to dispute incorrect lines on your credit report. They will also work with you specifically on rebuilding your credit score near program graduation. If we are unable to help, we can point you to a reputable credit repair provider.

Do You Owe Taxes on Forgiven Debt With Debt Relief?

One of the biggest questions you can answer for yourself is whether you have tax consequences of debt settlement.

It depends. If you use debt forgiveness to settle a debt, you should also be aware that you may be required to pay income tax for the settled debt. The forgiven debt is treated similarly as your income, and you will have to pay a tax percentage based on your federal income tax bracket on the amount forgiven. For instance, if you have a debt of $10,000 and your creditor settles the debt for $5,000, you may be responsible to pay taxes on the $5,000 that was forgiven as it is treated as income, and the IRS expects you to pay tax on the same. You don’t always have to pay taxes on forgiven debt, so let’s get into the details.

Estimate Your Tax Consequences with our Debt Settlement Calculator

Ascend built a debt settlement calculator to help you estimate your costs pros and cons of debt settlement, in addition to a tax consequence estimator. Here’s an anonymous example of our debt settlement insights. Also, check the estimates below.

Why does IRS assess taxes on forgiven debt?

When a creditor forgives debt, they declare it uncollectible reporting the same as lost income to the IRS to minimize their tax burden. The IRS will still want to collect tax on the amount that was forgiven, and it may require you to pay tax as seen on IRS Topic No. 431 Canceled Debt. Since you don’t have to pay the full amount owed, the IRS will consider that as taxable income. The rule is applicable even for money owed after foreclosures, and in this case, besides losing your property, you will also pay tax on the difference of what you owed and that amount your property was sold that is if the deficiency is forgiven.

How creditors report forgiven debt to IRS

After forgiving your debt, the lender sends you Form 1099-C indicating cancellation of debt and the amount forgiven and date when the debt was forgiven among other things. The IRS has an entire About Form 1099-C section that may be helpful to read. If the Form 1099-C has incorrect information, you should contact your lender for corrections. The creditor sends the same form to the IRS at the end of the year. The form reports the amount of debt forgiven as income, which requires you to report the amount as income when you file your tax returns.

You may not receive the form, but the lender will have to submit one to the IRS. Failure to indicate the forgiven debt as income while the lender has given the same information to the IRS attracts a tax bill or even a notice which will cost more in penalties and interest.

How taxes on debt settlement works

Forgiven debt once reported to the IRS is taken as income, and thus it is subject to taxation. Lenders are required to send you the Form 1099-C Form by January 31st.  Once Form 1099-C is filed with the IRS, you will have to file the forgiven debt as income which will be taxed when filing your returns at the end of the year. If for instance, you owed $10,000 and your creditor forgives $5,000 then the remaining $5,000 forgone by the creditor will be treated as income and it is taxable.

How you may qualify to be exempt

The Internal Revenue Code gives room for several exceptions where the amount of debt forgiven is not subject to income tax. If you were insolvent before the lender forgives your debt then even if they issue Form 1099-C, you will not be required to pay income tax on the amount forgiven. If your debts are more than your assets, then you are considered insolvent.

What does it mean to be insolvent?

For instance, if you have assets worth $100,000 and debt of $120,000, then you are considered insolvent by $20,000. Therefore if a $30,000 debt is forgiven, which is more than the amount that you are bankrupt you will only be required to pay income tax for $20,000 while the $10,000 is exempted. If the amount of debt forgiven is less than the amount that you are insolvent, then that amount will not be subject to taxable income and you don’t have to report the same as income.  

What does it mean to be solvent?

For instance, if you have assets worth $100,000 and debt of $10,000 then you are considered solvent and you would owe based on the amount of money that was forgiven.

If you are bankrupt and your debt is forgiven, you are not required to pay income tax unlike for insolvency and home loans. Bankruptcy only cancels the debts that were in existence by the time of filing. Student loans have different sets of taxation rules, and in case it gets forgiven, the amount is treated as taxable income. The law applies to government loans and not private loans.  

If a friend or family loan you money and they decide to forgive the debt, then IRS will take it as a gift and you will not have to report as income.  Equally, if the amount forgiven qualifies under the farm or business exclusion, then the amount will be exempted from tax.

How to Account for Taxes on Debt Settlement

Debt settlement may be right for you, but then you have to be mindful of taxes of the debt settled. If not exempted to pay taxes on the amount then you should be prepared to make your tax returns on the income. It is therefore essential to know whether your forgiven debt is taxable so that you can plan to prepare the tax bill.

If you have a debt that has been forgiven and you are not insolvent, then you will have to declare that as gross income in your tax returns. If you are exempted and still receive form 1099-C you will have to use Form 982 and state the amount that should be exempted from the gross income. After establishing how much of the forgiven debt is taxable add the same to Form 1040 as other income in Schedule 1 line 21.

It is good to start preparing your tax bill once your debt has been forgiven, and immediately you get Form 1099-C to start the process. If what is reported by IRS is different from your gross income. Always notify the amount forgiven as taxable income even if it is below $600 and you don’t receive Form 1099-C.

Tax Advice

We encourage you to seek the services of a tax professional to get an understanding of the amount of tax you owe. If you are not in a position to pay your tax bill always try and file on time. Penalties and IRS charges for failure to file is 5% of the amount you owe, and for every month you are late on your returns you will attract 25% of the unpaid taxes.

If you paid your taxes and realized that the debt forgiven was exempt from tax you can still amend your tax returns by filing Form 1040X. Ensure Form 982 accompanies your amendment to show the exemption and then submit the amended tax return through email.

How Does Debt Relief Work In Specific States?

Each state often has differences when it comes to debt relief. For example, a Chapter 7 bankruptcy attorney fee could be more expensive in Florida than Michigan. Or, you may have a higher homestead exemption in California than New Jersey. As such, check the state articles below for your specific state to understand state specific details.

Debt Relief Common Questions:

There are common questions that we receive regarding debt settlement, so I wanted to provide a list of the most common questions:

Are debt relief companies legitimate?

You may read have the CFPB reports on debt relief and the evolution of debt relief and wonder whether debt relief companies are legitimate. We cover this top in great detail in our article titled, “Are Debt Relief Companies Legitimate?” The short answer is that it depends on which company. You should look for the red flags and green flags about each company before you make your decision. For example, you may search online for Google Reviews or “Debt Settlement Company Name reddit” (i.e. National Debt Relief reddit) to read reviews. For example, some people have had negative experiences working with a debt relief company.

We work with only 3 debt settlement companies that have gone through extensive research before we decided that these companies were offers the best services to their customers.

How much do Debt Settlement companies charge for their fees?

Debt Settlement Fees: Many companies will charge fees based on the amount of debt that you enrolled in the program. Fees vary from company to company. It’s important to have a clear picture of the fees before enrolling in a program. Choose a debt settlement company that does not charge fees until AFTER the first debt has been resolved.

Bank Account Fees: There is often a bank account fee for setup and a monthly ongoing fee. The monthly fee can be between $7-$15 per month, depending on what services are provided.

Other Fees: Be cautious on any other fee that is being charged. You may want to consider a different debt settlement company if fees are being charged before services are being offered.

Will debt collectors still contact me if I enroll in a debt settlement program?

The short answer is “no” if the debt settlement company is doing its job right. The debt settlement company should send a power of attorney form to your creditors. Sending a power of attorney will direct all future calls to the debt settlement program and provide relief.

How is Debt Settlement different than Debt Consolidation?

Debt consolidation often refers to a debt consolidation loan which is new debt to repay existing debt. Debt settlement is where a company or you negotiates your creditor for a lower rate because your debt is unaffordable. It is not a loan.

We built a comparison tool to help show the differences between the two options. We also wrote an entire article on the pros and cons of debt consolidation.

Can I negotiate on my own?

Absolutely. We’ll even walk you through this process during a call. This can be the most inexpensive option. There are cons such as managing creditors, managing payments, preventing lawsuits, speaking with creditors, etc. Negotiating on your own is the most inexpensive option.

If you negotiate on your own, you may want to consider gathering as much cash as possible to offer a lump sum payment. We have seen that creditors see lump sum offers more favorably than a payment plan when possible.

Will I be sued by a creditor?

Creditors may send the debts to collections agencies and/or law firms to collect your debt. It’s important to ask the question how they prioritize your debt when researching debt settlement companies. For example, the debt settlement company should have a robust strategy to help prevent lawsuits.

Do additional fees and/or interest accrue on my debt when it goes delinquent?

Creditors generally continue to add interest and late fees onto your delinquent balances until the point of charge off. This means your balance may increase until your account is in settlement. Debt Settlement companies will know how to minimize your total costs when determining your negotiation and payment strategy.

What is Debt Management?

There are clear differences between debt management (i.e. credit counseling) and debt settlement (i.e. debt relief or debt consolidation programs). It is imperative that you understand the exhaustive list of differences before deciding what is right for you. Let's go over:

  • Debt management and debt settlement definition
  • A Personalized all-in cost and duration quote
  • Debt settlement vs Debt management process
  • Debt management vs Debt Settlement Alternatives

 The goal is to help you make the most informed decision. Also, this resource is quite long, so we also put together a video to help you understand the differences. We produce a lot of holistic debt settlement content, so feel free to check out our debt settlement playlist here.

What is Debt Management and Debt Settlement?

Debt Management: The process is accompanied by credit counseling. A credit counselor helps you put together a debt management plan. The counselor will attempt to negotiate with your creditors for a lower monthly payment. You pay the entire debt amount in debt management but can save money from a reduced interest rate and fees. These are often non-profit companies.   

Debt Settlement: An individual or service working on your behalf to negotiate your debts by decreasing the total balance owed. You can save money by a reduced total balance amount. These are often for-profit companies. Debt settlement has had some issues in the past where debt settlement companies would charge upfront fees and never settle the debt. For this reason, you may also want to check CFPB's information on debt settlement companies

Debt Management Process

Debt management companies work as an intermediary for those in debt and the creditor. The enrollee deposits money into an account managed by the debt management company. These funds are used to pay the creditors over a specific period of time, generally between 3-5 years. This period is inflexible as the creditor generally sets a maximum time limit for the debt to be resolved. The debt management company will do the following for the enrollee:  

  • Create an enrollee-owned escrow for you to send payments to each month.
  • Communicate with the creditors to be the primary point of contact going forward.  
  • Negotiate with the creditors on interest rates and charges.
  • Work with you to present a monthly payment plan to your creditors based on your financial situation.
  • Get consent from you on whether to accept the payment plan. 
  • Manage all of the payments to the creditors until the debt has been completely resolved. 

Important points to note:

  • When considering debt management, you should consider whether there’s a chance that you cannot make one payment in 5 years. Payment terms are generally the most inflexible in debt management.
  • The average interest rate reduction can cut your interest rate in half, but it’s important to note that you are paying back all of the debt.
  • Many people simply have too much debt to actually benefit from this program because the creditors generally set a maximum of no more than 5 years. You may have so much debt that a reduced interest rate would not help.  

Beware of Sketchy Debt Ads

Tired of bait and switch ads? Sketchy companies are pitching misleading marketing to get you to sign up with them without knowing the cons. They say you can be debt free to months with no consequences. Sounds great right? Don't fall for it without understanding all your options.

Unfortunately - lowering your debt amount will almost always have negative impacts on your credit score. However, some negatively impact your credit score more and are more expensive than others. Make sure you know your options and the pros and cons before you make a decision!

Watch out for:

Sketchy Debt Consolidation Practices

Unfortunately this industry is full of predatory companies with sketchy practices... We want to make sure you don't get taken advantage of, so here are some Red Flags to look out for in Debt Settlement.

Don't Explain Lawsuit Risk

In order to do debt settlement, you're going to need to be around 4-6 months behind on your payments in order to start the negotiation.

Don't Disclose Credit Score Impact

Going behind on your payments means a negative hit on your credit score

Deceptive Marketing Tactics

Did you get a pre-qualification letter in the mail saying that you qualified for a low interest loan, but when you call they try to pitch you into a debt consolidation program? Are they claiming there is some government assistance program to forgive your debt, but just doing debt settlement instead?

Upfront Fees

According to the Federal Debt Collection Practices Act (FDCPA) Debt Settlement companies cannot collect their fee until a settlement has been made. In the meantime the company should not pocket your payments, they should go into a special purpose escrow account that they can't touch until they have made a settlement on your behalf.

Guaranteeing Results

Debt Settlement can be a risky process. Although Debt Settlement companies may have a good estimate of how much a creditor would charge, there is no guarantee that a creditor will accept the settlement offer.

No Written Contract

The agreements should provide a written contract that shows what you are agreeing to, and what fees you are agreeing to

Misrepresenting Credentials

Companies should not be saying they are a nonprofit if they are not.

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He genuinely wanted to help and definitely gave me hope.

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