Bankruptcy or Credit Counselling

Bankruptcy or Credit Counselling: A Comprehensive Overview

In the realm of financial solutions, when debts become unmanageable, the two most common options that often surface are bankruptcy and credit counselling. But the question remains: Bankruptcy or Credit Counselling, which path should you choose? This article aims to equip you with the knowledge to make that decision and guide you towards the best financial solution for your circumstances.

The Basics: Understanding Bankruptcy and Credit Counselling

Bankruptcy and credit counselling, while similar in their ultimate goal of debt relief, differ significantly in their approach and consequences.

Bankruptcy: A Brief Explanation

Bankruptcy is a legally sanctioned process designed to offer relief to individuals overwhelmed with debt. The main advantage it offers is the full discharge from your existing unsecured debts, excluding secured loans like mortgages or car loans. Essentially, it absolves you from your duty to repay these debts.

Credit Counselling: What It Entails

Credit counselling is typically viewed as a service offering aid to debtors while imparting them with better financial management skills. It has gradually evolved to become more about enrolment in a debt management plan (DMP), which is a program that aids in repaying debts via a credit counsellor over a specified time frame.

The Functioning of Bankruptcy and Credit Counselling

Understanding how each of these solutions works can be instrumental in your decision-making process.

The Bankruptcy Process

To initiate bankruptcy proceedings, you must consult with a Licensed Insolvency Trustee who will conduct a debt assessment. This discussion will reveal your financial standing, including your debtors, total debt, income, and assets. If it’s determined that you’re unable to meet your debt obligations, you’re considered insolvent and thus eligible to file for bankruptcy.

The most notable advantage of bankruptcy is its ability to offer creditor protection. Once you file for bankruptcy, your trustee notifies your creditors, which results in a legal halt on debt collection against you. This protection can halt collection agency calls, stop wage garnishments, and legally allow you to cease payments to your unsecured creditors.

The Credit Counselling Process

Entering a conversation with a credit counsellor begins with a financial assessment. They will evaluate your income, expenses, and debts to determine whether your debts can be fully repaid within five years. If you’re eligible for a DMP, you can consolidate your unsecured debts into a single monthly payment to the credit counselling company.

The credit counselling agency will negotiate with your creditors on your behalf, consolidate your debts into a monthly repayment schedule, and manage any collection calls. However, the creditor retains the right to agree or disagree to join the plan and can still pursue legal action to recover the debt if they choose not to participate.

Bankruptcy or Credit Counselling: The Right Choice for You

Determining whether bankruptcy or credit counselling is the best option for you hinges on several factors, including eligibility, cost, and potential impact on your credit score.

When is Bankruptcy the Preferred Choice?

Bankruptcy is a viable option if you’re burdened with substantial consumer debt, such as high-interest loans, credit card debt, lines of credit, tax debt, and student loans. It’s also an effective way to deal with payday loans. However, if your debts are relatively small, bankruptcy might not be the best choice for you.

When Does Credit Counselling Make Sense?

Credit counselling is beneficial if your debts are smaller and manageable. It’s crucial to note, though, that this option is only viable if you can afford the monthly payment necessary to repay all your debt in full. If you have some overdue bills and a moderate credit card balance, credit counselling could be a good fit.

Cost Implications of Bankruptcy and Credit Counselling

Neither bankruptcy nor credit counselling is a free service. The cost of bankruptcy varies based on your income, expenses, family size, and assets. For credit counselling, agencies typically charge a fee of 10%-15% of your debts, which you must repay alongside your debts, making it a less affordable option over time.

Impact on Your Credit Score

A common misconception is that filing for bankruptcy will ruin your credit score permanently, which is untrue. Yes, bankruptcy remains on your credit report for 6-7 years post-discharge, but you can still apply for a credit card and rebuild your credit score. On the other hand, credit counselling will also affect your credit score and will remain on your credit report for a maximum of 6 years from the date you began the program.

Exploring Alternatives to Bankruptcy and Credit Counselling

If neither bankruptcy nor credit counselling seems right for you, there are other options to consider:

 

A Consumer Proposal is an alternative process that offers the same legal benefits as bankruptcy, but you only repay a portion of your debt to creditors.

A Debt Repayment Plan or budgeting allows you to pay off your debts on your own, given you have discipline and a feasible household budget.

A Debt Consolidation Loan lowers the interest rate on high-interest debt, making it more manageable to repay your debts.

A Debt Settlement Plan allows you to negotiate with your creditor or debt collector on your own to settle smaller, older debts.

Seeking Professional Help

Deciding between bankruptcy or credit counselling can be daunting. But remember, you are not alone. Licensed Insolvency Trustees can guide you through this process, dealing directly with your creditors and providing all the necessary debt relief options. They can also recommend an accredited counsellor if this is the best choice for you.

At the end of the day, the right choice is the one that offers the best path to financial recovery. Whether it’s bankruptcy, credit counselling, or another alternative, the goal is to improve your financial situation and set you on the path to a debt-free future.

Find Your Personal Debt Relief Solution

Licensed Insolvency Trustees are here to help. Get a free assessment of your options.

Discuss options to get out of debt with a trained & licensed debt relief professional.