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Debt Relief Options

Debt Settlement vs. Bankruptcy: How They Compare

When debt is too big to repay in full, settlement and bankruptcy are the two paths people usually weigh. Here is how they compare on cost, time, credit and legal protection.

Key takeaways

  • Settlement negotiates some debts down, one by one. Bankruptcy is a court process that can discharge many debts at once.
  • Settlement doesn’t stop lawsuits. Bankruptcy’s automatic stay generally stops most collection actions.
  • Both hurt your credit. Bankruptcy can stay on your report for up to ten years; settled accounts and late payments generally for seven.
  • Settled debt may be taxable. Debt discharged in bankruptcy generally isn’t.
  • Talk to a nonprofit credit counselor and a bankruptcy attorney before choosing.

If your debts are far more than you can realistically repay, you’ve probably seen ads for debt settlement and heard people mention bankruptcy. Both can reduce what you owe, but they work very differently and carry different risks. Here’s a side-by-side look. This is general information, not legal advice.

Side by side

Debt settlementBankruptcy
How it worksYou or a company negotiate with each creditor to accept lessA court process that can discharge many debts at once
Protection from lawsuitsNone; creditors can still sueThe automatic stay generally stops most collection actions
Typical timelineOften several yearsChapter 7: a few months; Chapter 13: three to five years
CostsCompany fees (only after a debt is settled) plus settlement paymentsCourt filing fees, attorney fees, required counseling
Credit reportLate payments and settled accounts, generally up to seven yearsUp to ten years
Taxes on forgiven debtMay be taxableDischarged debt generally isn’t
Results guaranteed?No; some creditors won’t settleDischarge depends on eligibility and following the rules

How debt settlement works

You, or a company you hire, offer each creditor a lump sum that’s less than the balance. Most programs have you save in a dedicated account, often while you stop paying creditors. Read what is debt settlement for details.

Key points to weigh:

How bankruptcy works

Bankruptcy is a federal court process. The two common types for individuals are:

Before filing, you must complete credit counseling with an approved agency. Some debts generally can’t be discharged, like child support, many taxes and most student loans. See Chapter 7 vs. Chapter 13 bankruptcy and the U.S. Courts’ bankruptcy basics.

Credit impact

Both options hurt your credit. According to the CFPB, most negative information can stay on your report for seven years, and bankruptcies for up to ten. With settlement, months of missed payments usually come first. With bankruptcy, the filing itself is reported. Either way, rebuilding is possible; see how to rebuild credit after debt problems.

Who each one tends to fit

Settlement may be considered when:

Bankruptcy may be considered when:

Before you decide

  1. Talk to a nonprofit credit counselor through the NFCC. See credit counseling: what it is and how to find a good counselor. They may suggest a debt management plan instead.
  2. Get a free consultation with a bankruptcy attorney. Many offer one.
  3. Ask any settlement company the 10 questions to ask before you sign up for debt relief.

The bottom line

Settlement can reduce some debts without going to court, but offers no legal protection and no guarantees. Bankruptcy is a bigger step with longer credit effects, but it can stop collection actions and discharge many debts at once. Get advice from both a nonprofit counselor and a bankruptcy attorney before choosing.

Sources: CFPB: what is a debt relief program · FTC: Debt Relief Services & the Telemarketing Sales Rule · U.S. Courts: Chapter 7 bankruptcy basics · CFPB: how long negative information stays on your report · IRS Topic 431: canceled debt

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