The recently passed Bankruptcy Abuse and Consumer Protection Act requires anyone considering a bankruptcy filing to undergo credit counseling first. That's a great idea; it is an attempt to prevent future problems by educating consumers now.
The problem is that there are a lot of dishonest agencies out there that would rather line their pockets than actually help their customers. With that in mind, many states have now established strict guidelines regarding who may and who may not call themselves a credit counselor. The latest state to jump in is South Carolina, which has recently passed legislation aimed at hte credit counseling industry that takes effect in December 2005.
Typical of those established in other states, the new regulations in South Carolina require the following:
o Applicants must first undergo criminal background checks. This seems like a great idea; if you're worried about an industry that is rampant with fraud, why not weed out those with a history of criminal activity at the application process? We aren't sure what the state will consider when looking at criminal background checks, but anyone with a history of any sort of financial legerdemain will probably not be issued a license.
New bankruptcy law makes counseling mandatory
By Talbert Williams The average household in America now has nearly $10,000 in credit card debt. One in three families have a home equity loan in addition to their first mortgage. Americans are savi..
By Talbert Williams The average household in America now has nearly $10,000 in credit card debt. One in three families have a home equity loan in addition to their first mortgage. Americans are savi..
o Licenses must be issued by the state, and a fee will be required. The fees, presumably, will be used to fund the background check and other associated items.
o Applicants will be required to fully disclose their own personal financial status. The state will then have an accurate picture of exactly who is handling the money of the customers. It stands to reason that anyone who has a history of financial problems of their own will probably not be in a good position to handle the finances of others.
o Put a cap on fees and establish fee guidelines. Counseling agencies will no longer be able to randomly set fees; they will be established by the state. This will provide a more evenhanded set of fees for all agencies, rather than the current situation, which has some companies charging modest amounts while others charge exorbitant setup charges.
While the legislation will regulate those businesses that have a physical presence in the state, it will not affect those that do business form out of state, via the telephone or the Internet. The very nature of doing business that way precludes the state doing anything about it.
Non profit credit counseling agency can help
By Bill A Smith Debt levels are at their worst in America. Consumers who own more than 3 credit cards often find themselves robbing Peter to pay Paul. Non profit credit counseling agencies are a good..
By Bill A Smith Debt levels are at their worst in America. Consumers who own more than 3 credit cards often find themselves robbing Peter to pay Paul. Non profit credit counseling agencies are a good..
Still, this is a step in the right direction and we hope that it will mark the beginning of the end of predatory companies that charge huge upfront an monthly fees and keep the money, rather than forwarding it to creditors. After all, if visiting a debt management agency makes your problems worse, rather than better, then you might as well not have bothered.
About the Author:
Talbert Williams offers debt consolidation, debt reduction, credit card debt referrals and advice. For more information, articles, news, tools and valuable resources on debt solutions, visit this site: [ http://www.1debtfreedom.com] Source: [ http://www.isnare.com]
