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Chapter 13 Bankruptcy: Escape The Debt Trap (And Keep Your Home)
16th July 2024 • Voice over Work - An Audiobook Sampler • Russell Newton
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Crush Debt Now! A 3-Step Negotiation Strategy to Pay Off Debt and Win Financial Freedom Fast (Personal Finance Wizard Series)

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Written by

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Tom Cromwell

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Do you have excessive debts with no idea how you will pay them off?

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Are you being pursued by your creditors,

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receiving aggressive phone calls from debt collectors,

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and letters demanding payment?

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Are your lenders threatening you with court action and taking some of your

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wages?

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15% of Americans said that they had been pursued by a debt collector,

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according to a report by the Consumer Financial Protection bureau in 2017.

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Only one in four of these attended the court hearing.

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In all the other cases,

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it is almost certain the collectors will have benefited from default decisions

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in their favor.

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A judgment that would allow the debt collector to receive a percentage of wages

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or sequester other assets.

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If any of these situations apply to you,

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then this book has been created to provide your solutions.

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With this book,

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you will discover how you can deal effectively with these problems and crush

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your oppressive debts!

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By reading this book,

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you will - * Understand your debts;

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how and why they are perpetually draining your health and wealth.

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* Find out if your debt is sustainable.

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* Learn what to do if your creditors attempt to sequester your assets or wages.

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* Understand the legal processes and how to fight or stop the process.

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* Learn how to fight debt collections calls.

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* Know when not to use loan consolidation and why these are frequently scam

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attacks.

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* Master useful tips on how to negotiate with your creditors - and win!

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* Be able to save money on all different types of debt including utilities,

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taxes,

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mortgages,

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rent,

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vehicle loans,

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student debt,

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credit cards,

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and other loans.

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* Know when and how to use nuclear options of bankruptcy and insolvency.

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This book has been created to help people with serious and chronic debt

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problems.

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It is not aimed at people who are a few thousand dollars in debt who want to

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pay down their debts and need to manage their budget better and create savings.

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This is the topic of our first book in the Personal Finance Wizard series

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“Perpetually Broke - Living Beyond Your Income”

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“Crush Debt Now” is intended for debtors with unsustainable and severe

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financial issues,

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where some or all of the debt is already delinquent.

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I have a wealth of practical and commercial finance experience to draw on in

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writing this series of books on personal finance.

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I experienced an upbringing that showed me the value of every penny earned or

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spent,

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but I also learned that many other people,

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even those earning good salaries have an uncomfortable relationship with money.

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I can show you how it is possible to rise,

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phoenix-like,

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from almost any situation,

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however desperate it may seem.

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In this book,

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we will cover practical examples and advice to dramatically reduce the burden

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of your unsustainable debts,

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and bring back sanity to your finances.

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When you follow the step-by-step guide for all types of personal debts,

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then you can expect to save thousands or even tens of thousands (of dollars)

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in repayments.

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You can crush your outstanding debt and be completely free and be financially

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solvent within two years.

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Using the 3-step negotiating strategy in this book is a proven approach for

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drastic debt reductions for people of all different backgrounds and income

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levels.

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The most successful case I have faced involved restructuring over 12 different

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store cards,

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credit cards,

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and loans which transformed the situation for the client,

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who was facing financial ruin,

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to clear all those debts in 3 Years.

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According to data from CNBC money,

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millennials aged 25-34 have the most debt,

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at an average of $42,000.

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Credit card balances make up the largest part,

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followed by student loans,

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and mortgages only a small part (3%).

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Naturally enough,

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this changes as we get older when mortgage debt becomes the most significant

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component followed by credit cards,

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car loans,

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then student debt.

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However,

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according to Kevin O'Leary,

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host of the ABC show Shark tank and personal finance author,

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age 45 is when "people should aim to have all their debt paid off"

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His logic is that for most people,

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they are halfway through their careers and working lives and so need to use the

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second half to accrue capital for their retirement.

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While I don't entirely agree with him (I still have a mortgage because it costs

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me less than inflation),

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he does make a sound point.

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Therefore,

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while it may be difficult for you to remember that you came to drain the swamp

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when you are fighting off hordes of alligators,

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it does pay to have a goal in mind.

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Right now,

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you are probably wondering just how you are going to stay afloat.

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To illustrate the key points and provide motivation,

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this book contains some case studies to show that you can apply the same

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lessons to your situation.

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It also offers practical worked examples,

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where relevant,

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as this often makes a point better than a thousand words.

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Last but not least,

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I have included all the actionable points in the summary for each chapter.

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Accept the need to act.

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Your debts are growing every day,

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start reading before your situation spirals beyond redemption,

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and decisions are taken out of your hands.

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This book contains all information that you will need to resolve your situation

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and sets out clearly and concisely how to tackle each problem.

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________________ Chapter One - Moving the Debt Mountain In this day and age,

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living debt-free is something that is nearly impossible to do.

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Most people have very limited resources and growing needs which are often very

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difficult to meet without taking on some kind of credit.

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It is common for people to take mortgages in order to purchase homes or acquire

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student loans to finance their higher education.

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Debt can therefore be a means to an end and a very practical way of financing

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some of our lives’ biggest goals.

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However,

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in recent years,

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the issue of debt has taken on very negative connotations and most people tend

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to perceive debt as a bad thing - which isn’t always a fair assessment.

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The truth of the matter is that debt is simply a tool whose benefits and or

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disadvantages depend entirely on how it is used.

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Understanding how debt works is therefore a very important aspect of financial

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literacy,

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which can help you to become more shrewd and disciplined with your money.

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In this chapter,

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we are going to look at how debt works,

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when it becomes sustainable,

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and how to stabilize your debt to prevent it from ballooning out of control.

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We will also discuss the debts that you should prioritize and why to do so.

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What Is Debt?

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Debt essentially refers to anything that is owed by an individual (or group)

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to another.

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In modern parlance,

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debt is commonly used to refer to money or financial assets that one party owes

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to another.

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As we mentioned at the outset of this chapter,

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debt can be a very powerful financial tool that allows you to achieve certain

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goals or needs in life.

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This,

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however,

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depends to a large extent on the amount that you are credited with and how you

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handle it.

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Taking on a lot of debt or poorly managing the money that you borrow can lead

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to poor financial outcomes,

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which can easily destabilize your life.

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Understanding the difference between good and bad debt as well as how to handle

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debt the right way can help you ease your debt burden and improve your overall

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financial position.

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What's the difference between good and bad debt?

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In general,

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any kind of credit or loan that helps you to grow your income or increase your

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net worth can be considered as good debt.

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Some of the most common examples of good debt include - * Student Loans Taking

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on a loan to finance college or university education can be considered as a

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good debt for a number of reasons.

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First,

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acquiring a higher education automatically increases your earning potential.

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College graduates generally tend to earn more on average compared to employees

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who only have a high school diploma or less.

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Obviously,

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there are exceptions to this as well as a number of other factors that

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determine one’s earnings in the job market.

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However,

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workers who have attained a college education are more likely to receive higher

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pay than those who haven’t received a higher education even in entry-level

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positions.

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In addition to this,

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employees who are better educated have higher chances of finding new

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opportunities in the job market compared to those who have not gone through a

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university or college program.

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A student loan can therefore be considered as a good investment with the

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potential for high returns.

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However,

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in order to maximize the value of taking on this kind of debt,

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one should choose a degree program carefully.

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If there are very few career options or potential for income growth then a

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student loan can easily turn into bad debt.

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If a college uses misleading advertising to make false claims about job

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prospects that don’t exist,

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then you may have a case against them and be able to overturn even your federal

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debts if these can be proven to be material.

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* Mortgage./Homeownership With property prices rising literally by the day,

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many people are increasingly turning to mortgage loans as a means to purchase

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homes and achieve a degree of financial independence.

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A mortgage is arguably the best debt one can take on.

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This is because it allows you to become a homeowner and cut down significantly

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on your spending (you can finally say goodbye to monthly rent payments).

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This provides you with greater financial freedom since you can channel the

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surplus income towards paying off other debts and making investments,

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which will ultimately help you to grow your wealth.

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Residential and commercial properties also generally tend to appreciate in

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value over time,

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which means you can sell your property for a much higher price after a few

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years.

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Furthermore,

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mortgage loans tend to have a very low interest - you can pay them comfortably

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over a given period of time as long as you are still earning some income.

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The downside of mortgages occurs when you are unable to pay back the loan since

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your property may end up getting repossessed by your lender.

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* Business Loans Unless you have ready seed capital or are able to source

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funding from friends and relatives,

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you ostensibly need to take a loan when setting up a new business.

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During the first few months of setting up a business,

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expenses and operating costs tend to be higher than profits.

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Therefore,

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in order to keep your business afloat,

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you need to have a capital reserve,

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which will allow you to pay your suppliers,

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cover your operating costs,

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and pay salaries to employees.

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Getting a bank loan can help you to keep your business running until you are

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profitable enough to meet your outstanding expenses and even scale up.

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A business loan is therefore a good debt since it allows you to become

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financially independent (your own boss)

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and has a high potential of growing your wealth.

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As you can see from all these examples,

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a good debt provides you with the opportunity to increase your earnings and

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grow your net worth.

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In contrast,

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bad debt is any kind of debt that you take on in order to purchase assets that

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don’t generate any income but instead depreciate in value over time.

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As a rule of thumb,

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any kind of debt that leaves you worse off,

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in the long run,

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should be avoided since they can be catastrophic to your financial life and

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stability.

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Some of the most common examples of bad debts include - * Car Loans While

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owning a car provides you with greater freedom and mobility (which can make

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your life and work easier)

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taking a loan to purchase a vehicle is usually not a very wise decision.

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This is because you end up paying a lot of interest while the value of the car

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depreciates almost as soon as it leaves the showroom and continues to plummet

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with usage.

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If you must own a car,

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it is always best to purchase a used one and pay cash.

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You may not exactly end up with a luxury car that gets everyone talking,

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but you will ultimately save on a lot of money and avoid the stress that you

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would otherwise have to deal with when servicing the high-interest rates that

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are often charged on car loans.

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If you don’t have cash but still need a vehicle,

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you can take a small low-interest loan to buy an inexpensive but reliable car

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and try to pay back the loan as quickly as possible.

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You will still have spent a huge amount of money on a depreciating asset but at

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least you won’t have to pay high-interest rates,

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which can put a serious dent into your finances.

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* Credit Card.s Credit cards are without a doubt the second-worst debt that

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one can take on (after pay day loans).

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This is because they tend to have the highest interest rates of any kind of

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consumer loans.

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In addition to this,

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the payment schedules are usually set up to favor the creditor.

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Most people who default on credit card payments often end up accruing very high

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interests,

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which they are stuck paying for months or even years.

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* Clothes and Consumables While there is nothing explicitly wrong with buying

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expensive clothes,

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phones,

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and other consumables,

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acquiring these products on credit is usually a bad idea in most cases.

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This is because these items do not grow your income in any way and typically

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lose value very quickly.

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Every cent that you spend paying back debt on these items is money that you

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would otherwise put to better use elsewhere.

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Which is why it is always advisable to purchase them in cash.

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Fortunately,

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there are a lot of options and alternatives which you can use to acquire these

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products without having to take on debts.

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Instead of taking credit to purchase expensive designer clothes,

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you are better off buying inexpensive but good quality clothes from a thrift

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shop.

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Types of Debt- Secured vs Unsecured Debt There are two main types of debt,

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namely - secured and unsecured debt.

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Understanding the characteristics of these different types of debt is crucial

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because it enables you to know which debts to prioritize when it comes to

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payment.

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Secured debt essentially refers to any kind of debt that has an asset attached

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to it as collateral.

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The most common assets that are normally used as collateral are houses (for

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mortgage loans)

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and cars (for automobile loans).

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These assets provide lenders with leverage,

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which they can use to recoup their money and minimize the risk of loss.

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If an individual fails to clear their outstanding debt,

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then the lender has a right to claim their property.

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For instance,

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if you take a mortgage to buy a house and are unable to pay it back,

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the lender can legally repossess and sell the house to recoup their money.

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If the sale value is not enough to cover the entire debt,

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then they may continue to pursue you until they recover the deficit.

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An automobile loan is also another type of secured debt since the lender can

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repossess and resell the vehicle if the debtor fails to clear the debt as

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agreed.

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In general,

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a person who takes up a loan to purchase an asset never fully owns it until

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they have cleared the outstanding debt.

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Once the full payment has been made to the lender,

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the transfer of ownership on the asset is completed.

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Unlike secured debts,

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which are backed by collateral (recoupable assets),

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unsecured debts generally have no collateral rights attached to them and

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instead rely on the debtor’s promise to pay back what they owe.

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Therefore,

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the lender cannot make any claim on the assets if the debtor defaults on

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payment.

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However,

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they can employ other avenues to coax the debtor to repay the debt.

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For instance,

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they can hire a debt collector to persuade the debtor to clear their debt.

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If this fails to work,

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they can file a lawsuit against the person who owes them and convince the court

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to garnish a percentage of the person’s salary,

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which is then redirected towards debt repayment.

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Some of the most common examples of unsecured debts include credit card debts,

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student loans,

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and medical bills.

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Is Your Debt Unsustainable?

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As we have seen from the previous section,

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debt is not automatically a bad thing,

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provided it is used for income-generating ventures and is paid back as soon as

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possible to avoid an accumulation of interest.

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Gauging your debt level is therefore very important when it comes to figuring

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out which debts to prioritize.

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However,

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identifying a debt problem isn’t always easy to do.

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There are several signs that can help you to determine whether you have a

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personal debt crisis.

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These include - * Making Minimum Payments While low payments provide you with

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flexibility and enable you to meet other financial obligations while still

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servicing your debt,

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making minimum payments is likely to keep you stuck in a cycle of revolving

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debt payments.

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Meanwhile,

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your interest continues to rack up,

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which means you end up paying more.

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* Very Large Minimum Monthly Payments If you are making very large minimum

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monthly payments to service your debt,

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you are going to have a very difficult time meeting your living costs,

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and may even end up racking up more debt just to compensate for the deficit.

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In an ideal situation,

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your monthly debt payments should not exceed 20% of your income.

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* Problems with Debt Collectors When creditors and debt collectors start

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hounding you constantly or threatening to garnish your wages and repossess your

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assets,

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this is a tell-tale sign that your debt has become unsustainable.

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If you are still earning some income,

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you should start making payments towards your debt to lower it,

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and stop your creditors from making such threats.

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* Over-Reliance on Advance Cash If you regularly take cash advances to cover

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your living expenses,

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then you are likely stuck in a debt problem.

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Cash advances should ideally be used only in emergency situations and repaid

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promptly to avoid racking up interest.

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* Being Denied Loans/Credit In case you are trying to secure a loan from a bank

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or other lender but are constantly getting turned down,

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you need to take a step back and examine your debt situation.

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Chances are your credit rating is very poor due to non-payment or minimum

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payment,

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which makes lenders very wary about extending any more credit to you.

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On the off chance that you do get a lender who is willing to give you a loan,

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their terms are likely going to be very unfavorable.

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* Not Growing Your Savings Your budget should always include a savings plan of

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some kind,

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whether it is an emergency fund,

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retirement savings,

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or college fund for your kids.

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If you always end up with nothing to save after sorting out your expenses and

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paying bills then you probably have a serious debt crisis.

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In order to manage your debt and maintain a good credit rating,

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it is important to know your debt-to-income ratio.

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A debt-to-income ratio (DTI)

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is essentially a metric that compares your overall debt to your income.

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Lending institutions typically use your DTI to determine whether you are able

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to make monthly payments and clear your debt within the agreed duration.

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Having a good DTI,

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therefore,

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implies that you have a good balance between your outstanding debts and total

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income.

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On the other hand,

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a high DTI means that you have too much debt compared to your income.

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Generally,

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you have higher chances of securing a loan if your DTI percentage is low.

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So,

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how does one determine their debt-to-income ratio?

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Well,

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in order to calculate your DTI,

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you simply need to sum up all your monthly debt payments and divide them by

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your gross monthly income.

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Your gross income is essentially what you earn every month before taxes and

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other deductions are made.

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To illustrate how DTI is calculated,

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let us assume that you pay $1500 every month for your mortgage,

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$500 on a car loan,

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and $500 for other monthly debt payments.

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Your total debt payment can be calculated by summing up all these payments.

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$1500 + $500 + $500 = $2500 If your gross monthly income is $5000,

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then your DTI can be calculated as follows - 2500/5000 = 0.5 x 100 = 50% This

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would be considered high because if taxes take around another 30% - 35% of your

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income this would leave you only $750 to $,1000 for the rest of your needs and

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wants.

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In general,

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lenders are more likely to loan you money if your DTI is less than 36% with no

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more than 28% of that going to mortgage payments.

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However,

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your DTI ratio does not really affect your credit score directly since credit

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agencies are not privy to your earnings and are therefore unable to make this

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calculation.

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Nevertheless,

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keeping your debt-to-credit ratio is still very important since it determines

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the ease with which you are able to secure loans from lenders.

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There are two ways in which you can cut down on your DTI ratio.

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One of the ways to do so is by increasing your income.

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You can achieve this in a number of ways such as requesting a pay rise from

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your employer,

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finding another job or side hustle to supplement what you are currently

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earning,

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completing another course,

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or program to improve your marketability and raise your salary.

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Alternatively,

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you can reduce your DTI by cutting down on your spending and minimize debts.

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Reasons Why You May Be Sinking In Debt.

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Controlling your debt is crucial if you want to take charge of your finances

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and achieve the goals that you have set for yourself.

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In order to do so,

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however,

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you need to get to the root of why you are in debt.

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Understanding why you have so much debt in the first place can help you to

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identify the mistakes that you have been making and how to solve them in order

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to be debt-free or have sustainable debt.

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If you are wondering why you are sinking into so much debt,

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here are some of the top reasons why you may find yourself in that situation.

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i)

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Living beyond Your Income One of the most common reasons why you may be

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struggling with debt is because you are trying to maintain a lifestyle that is

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beyond your income.

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You may be spending too much money purchasing expensive and flashy items in a

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bid to keep up with others,

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which inevitably forces you to take on a lot of debt to furnish that lifestyle.

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ii)

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Overspending Sometimes all it takes to get yourself trapped in a cycle of debt

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is failing to rein in your spending.

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You don’t necessarily have to be buying luxury items,

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but spending too much on living costs can easily result in a blowup of debt.

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iii)

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Reduced Income If your income suddenly reduces due to losing your job,

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for instance,

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this can put a dent in your budget and force you to take on debt in order to

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meet your living costs.

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This is why many financial experts usually advise people to diversify their

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sources of income.

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iv)

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Little or No Savings One of the reasons why including savings in your budget is

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always recommended is because it provides you with a financial cushion in case

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of unexpected events.

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Ask,

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yourself this.

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Suppose you lost your job today,

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would you still be able to maintain your current lifestyle?

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If you have not been saving part of your income in an emergency fund,

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chances are you would have a hard time staying afloat unless you take on some

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kind of debt.

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The Cost Of Debt.

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Whenever you take credit,

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whether it is a mortgage,

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a payday loan,

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or a student loan,

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you are essentially using someone else’s money today with the promise of

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paying it back in the future.

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Since the individual or institution that lends you the money does not have

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access to it until you pay it back,

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they have to charge interest on top of the loaned amount.

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Interest is the cost that one is charged for using borrowed money.

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An alternative way of thinking about interest is that it is the profit that an

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individual or institution earns from lending money to another party.

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Interest is normally calculated as a percentage of a loan that is payable to a

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lender for the privilege of using their funds.

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Whenever you borrow money,

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you always have to pay back the total amount in addition to an interest,

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which is charged to compensate the lender for the risk of lending their money.

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So,

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how much interest does one pay when they take out a loan?

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Well,

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this depends on a number of factors such as the amount of loan,

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interest rate,

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and duration of repayment.

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In general longer-term loans and loans with high-interest rates tend to result

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in higher costs for the borrower.

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Credit card loans,

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payday loans,

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and to a lesser extent,

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car loans are typically charged much higher interest rates compared to mortgage

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loans.

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Taking any of these loans is therefore likely to be very costly in the long run.

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To illustrate how costly debt can be,

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consider the following table - Mortgage.

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Vehicle Loan.

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Credit Card.

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Payday.

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Amount Borrowed.

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$300,000 $30,000 $3,000 $300 Simple Interest Rate.

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4.7% annual 8.64% annual 25.6% annual 20% for 14 days APR (excluding fees)

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5.0% 9.0% 29% 521% Term Of Loan.

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30 Years.

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3 Years.

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1 Year.

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1 Year.

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Interest To Be Paid.

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$996,582 $8,467 $870 $1,563 Total Amount Owed.

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$1,296,582 $38,467 $3,870 $1,863 Interest on all loans is assumed to have a

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monthly compounding when a debtor fails to pay interest on a given month.

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The only exception to this rule is payday loans,

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which are typically compounded fortnightly (every two weeks).

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The interest to be paid is the total amount of interest that one owes assuming

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you make no payments over the duration of the loan.

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This means that for the payday loan you borrow only $300 but you have to pay

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back an eye-watering $1,863 if you borrowed the money for 1 Year.

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(normally you are expected to pay it back within 14 days,

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which makes it seem reasonable,

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when in fact it is usurious).

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The fees for non-payment of interest can be very high,

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especially for payday loans and credit card loans.

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In some cases,

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they can ever be more than twice the amount of annualized percentage rate (APR).

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The annualized percentage rate is essentially simple interest expressed in a

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way that allows for comparing different compounding periods.

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Understand Your Budget.

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The number one reason why most people usually find themselves sinking in debt

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is simply that they spend more than they earn.

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In other words,

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they don’t live within the confines of their budget.

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If you are struggling with debt,

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therefore,

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understanding your budget and optimizing it to suit your income and expenses is

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absolutely important.

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Let us now look at some of the steps you need to take in order to budget

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appropriately and cut down on your debt a lot faster.

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* Track Your Spending In order to determine whether your expenditure exceeds

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your income,

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you need to start keeping track of your monthly spending.

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Make a list of every penny that you spend on everything from food,

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clothing,

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entertainment,

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and utilities.

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You can either go the traditional way of writing down your spending with a

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notebook and pen or take advantage of the numerous budgeting apps that are

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available today.

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I provide a budgeting sheet as part of my free financial toolkit.

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* Add up Your Total Expenditure and Income Once you have determined your total

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monthly spending,

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the next thing you need to do is add that with your income.

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This will help you to easily tell if you are spending more than you are earning.

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Consequently,

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you will be able to identify the changes that you need to make in order to make

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your budget more practical.

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* Create a Budget If you have realized that your spending exceeds your income,

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you need to make cuts to your spending until it is less than your income.

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Ideally,

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you should make a budget first and then look at the areas where you may need to

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cut down in order to reduce your spending.

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By creating a budget and sticking to it,

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you will eliminate the tendency to overspend and cut down on your borrowing

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habits - which are keeping you stuck in debt.

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The table below compares the difference in what will happen to your wealth if

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you either spend $100 more than you earn (the debtor),

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or spend $100 less than you earn (the investor).

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Debtor.

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Investor.

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Cost Or Return.

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23% 9% Cashflow.

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$ -100 $ 100 Year 1.

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$ -1,338 $ 1,254 Year 2.

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$ -2,984 $ 2,621 Year 3.

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$ -5,008 $ 4,111 Year 4.

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$ -7,498 $ 5,735 Year 5.

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$ -10,560 $ 7,505 In the debtor column,

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you have a negative cash flow (earning – expenditure)

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per month of $100,

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after 1 Year. you will owe $1,388 of debt,

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finishing owing $10,560 after 5 years based on the 23% APR. On the other side,

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$100 positive cash flow based on a 9% return on investment in the stock market

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(which is conservative the returns have been in excess of 11% over a

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thirty-year period)

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then you finish with an investment of $7,505 after 5 years.

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* Establish an Emergency Fund If you are earning a monthly income,

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it is absolutely important that you put a percentage of that into an emergency

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fund.

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As a matter of fact,

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many financial experts usually recommend creating an emergency fund before

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saving money for other goals such as retirement or vacations.

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Ideally,

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you should put at least 10% of your income in an emergency fund until you have

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enough funds to meet your living expenses for at least 3 months.

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Having an emergency fund provides you with a measure of financial security in

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the event of unforeseen occurrences such as job loss,

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car breakdown,

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or medical emergencies.

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Without an emergency fund to cater for these unexpected expenses,

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you may end up having to take on credit,

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which can make your debt situation even worse.

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Here are some of the key points to take away from this chapter - * Debt can be

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a good thing or a bad thing depending on how it is utilized and repaid * Any

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debt that helps you increase your income or improve your financial situation

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can be considered as good debt.

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Examples include mortgage loans,

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student loans,

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and investment loans * Any kind of debt that is used to purchase consumer items

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or depreciating assets is a bad debt,

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which should be avoided.

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Examples of this include,

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car loans,

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and credit card loans * Creating and maintaining a workable budget will help

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you keep your spending in check and avoid borrowing too much.

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* Maintaining a low debt-to-income ratio is very important since it proves your

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debt is sustainable and makes lenders more confident about your ability to pay

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back loans.

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This has been

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Crush Debt Now! A 3-Step Negotiation Strategy to Pay Off Debt and Win Financial Freedom Fast (Personal Finance Wizard Series) Written by

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Tom Cromwell

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