Debt Consolidation vs Bankruptcy

Bankruptcy and debt consolidation are strategies through which borrowers can deal with an excessive amount of debt that they can no longer manage.

On the other hand, even though they both intend to assist the borrower in this regard they have different consequences for a borrower’s credit and financial situation

Throughout the following article we will study how each of them work and which are their main implication for individuals and households.

What is Bankruptcy?

Bankruptcy is a legal process through which a borrower declares himself (voluntarily or by court order) unable to meet his financial obligations and the court is in charging of analyzing his financial situation to take appropriate measures that ensure the repayment of the financial commitments.

Bankruptcy procedures may involve the liquidation of a portion of the borrower’s assets (Chapter 7 bankruptcy) or they could result in the reorganization of the debts (Chapter 13 bankruptcy). In both cases, the ultimate goal is to ensure that the borrower meets his obligations by any means possible.

What is Debt Consolidation?

Debt consolidation is a process through which a borrower who holds many different credit accounts merges these accounts into a single debt instrument that usually provides more favorable or flexible terms.

This is commonly achieved through a debt consolidation loan, which can be granted by a financial institution or any other financial business with the sole purpose of paying off the rest of the debts to simplify the borrower’s debt commitments to only one instrument.

Key Takeaways

Key Differences Between Bankruptcy and Debt Consolidation

Complexity

Bankruptcy procedures are usually significantly more complex than debt consolidation transactions, as they require the involvement of lawyers, judges, and other parties who will oversee the valuation of the assets and debts involved.

A bankruptcy procedure may take between 6 months (Chapter 7) and up to 5 years (Chapter 13) while a debt consolidation operation can be done in a few days, even though the repayment of the debt consolidation loan may take many years.

Effect on Credit score

Bankruptcy dramatically reduces a person’s credit score, in some cases by even more than 200 points at once. Debt consolidation loans, on the other hand, the ultimate impact on the borrower’s scores will be determined by how punctually he pays off the debt consolidation loan.

Monthly payment changes

Bankruptcy procedures usually do not suspend or modify the monthly installments of the outstanding debt, even though the bankrupted party may have already stopped paying them. Through bankruptcy, creditors often seek compensation from the liquidation of the borrower’s assets to cover for any accumulated losses.

In contrast, debt consolidation loans often involve the modification of monthly payments to fit the debtor’s current financial situation and budget.

Debt elimination vs debt reduction – bankruptcy can erase some debts leaving the debtor debt free while consolidation lumps debts together in a new loan that the debtor still owes.

As a result of bankruptcy, some or all of the debts held by the borrower may be eliminated or pardoned by the court, even though this may have a devastating effect on the individual’s credit score.

Debt consolidation, on the other hand, does not alter the amount owed by the borrower as the process essentially reduces the number of credit instruments to a single one that has the same outstanding balance as the combined old credit accounts.

Tax effects

Any debt forgiven as a result of bankruptcy is not taxable as income, even though any other form of debt relief is. On the other hand, any taxes owed by the debtor are generally refunded and the outstanding balance is brought to zero.

As for debt consolidation, there is no impact on a borrower’s tax bill.

Pros and Cons of Debt Consolidation and Bankruptcy

Advantages of bankruptcy

• As a result of bankruptcy procedures the borrower may be pardoned of all or most of his debt commitments.
• The primary residence of the bankrupted individual is usually protected from creditors.
• Any pending taxes might be refunded and the relief of the debt is not taxed.
• Debtors are usually granted with certain flexibility to reorganize their financial situation before they start making payments again.

Disadvantages of bankruptcy

• Credit scores are significantly diminished as a result of bankruptcy procedures.
• The borrower will face many hardships to obtain funding once the procedure is completed.
• As a result of bankruptcy, some of the borrower’s assets may be liquidated to pay off a portion of the debts.

Advantages of debt consolidation

• The process is fairly simple as it mainly involves getting approved for a debt consolidation loan to pay off old credit accounts.
• The conditions of the debt consolidation loan are usually more favorable compared to the conditions and borrowing costs of the previous credit accounts.

Disadvantages of debt consolidation

• Studies show that borrowers who take debt consolidation loan tend to end up being more indebted as they use the credit limit of the previous accounts that is now free as a result to the debt consolidation process.

Examples

Carl has been facing many challenges to find a suitable job as a physician in the state where he lives. As a result, he has been struggling to pay off his debt commitments every month and has consulted a financial planner about his alternatives.

This professional indicated Carl that based on his current situation he would be better off by taking the bankruptcy path unless he can secure a job within the next 2 weeks. If he manages to do so, Carl could take a debt consolidation loan to pay off the $26,000 he currently owes under more favorable conditions such as a longer credit term.

On the other hand, if securing the job is not possible during that time frame Carl is contemplating the alternative of filing for Chapter 7 bankruptcy.

This process requires the involvement of a bankruptcy lawyer and the court will evaluate his situation to determine which assets have to be liquidated to pay off the debt and any outstanding balance that may still exist after that will be pardoned and Carl’s credit score will be negatively affected as a result.

Bottom Line

Bankruptcy and debt consolidation are two different strategies that intend to help individuals in managing their debt.

Bankruptcy can be seen as a harsher process due to the significantly negative consequences that result from it while debt consolidation is often seen as a more flexible path that alleviates the burden of the debt by simplifying various debt instruments into one with more favorable conditions.

Frequently Asked Questions

What are the key differences between filing for bankruptcy and opting for debt consolidation?

Filing for bankruptcy is a legal process that may discharge or reorganize your debts under court supervision, significantly impacting your credit and financial standing. Debt consolidation combines multiple debts into a single loan with a lower interest rate, simplifying payments without the legal ramifications of bankruptcy.

How does choosing bankruptcy over debt consolidation affect my credit score?

Bankruptcy can severely damage your credit score for 7 to 10 years, making it challenging to obtain new credit, while debt consolidation may have a temporary negative effect but can ultimately help improve your credit score if payments are made consistently.

Can debt consolidation prevent me from filing for bankruptcy?

Debt consolidation can be an effective way to manage and pay off debt, potentially preventing the need for bankruptcy by making debts more manageable through a single monthly payment and reduced interest rates.

What should I consider when deciding between bankruptcy and debt consolidation?

Consider your ability to repay debts in the long term, the total amount owed, your credit score impact, and potential asset loss with bankruptcy, versus the discipline required for debt consolidation without reducing the debt amount but potentially