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IRS Credit-Counseling Investigation Advances, Strips Tax-Exempt Status From 50% of Industry Debt Resolution Option Remains as ‘Perfect Storm’ Sets Bankruptcy Hurdles

San Mateo, Calif., Jan. 30, 2006 – Following the IRS’ announcement that it is revoking the tax-exempt status of credit-counseling firms responsible for 50 percent of the industry’s revenue, consumers with unmanageable debt face an increasingly arduous course, says Brad Stroh, co-CEO of Freedom Financial Network, LLC.

During 2005, the Federal Trade Commission and Internal Revenue Service initiated a crackdown on credit-counseling firms that engage in unlawful trade practices or abuse nonprofit status. The IRS already has revoked the nonprofit status of five firms, and the agency last week notified 30 more firms that they will lose their tax-exempt status as a result of the latest investigations. The timing, says Stroh, couldn’t be tougher for consumers.

“The bankruptcy reform legislation that went into effect last October mandates that consumers who file for bankruptcy protection obtain debt counseling from an approved non-profit agency within six months prior to filing,” Stroh explains. “Many states require that credit counseling agencies be nonprofit organizations, but the IRS is auditing many of these firms and revoking their not-for-profit tax status. While this is the right thing to do, consumers will have difficulty in meeting the requirements of the bankruptcy laws – and therefore lose the ability to declare bankruptcy or get help with their debt from these traditional sources.”

The continual tightening of the bankruptcy and credit counseling industries comes at a time when consumers are feeling the squeeze from other economic pressures as well, says Stroh.

  • The Federal Reserve has raised interest rates more than a dozen times; credit card companies have responded with punitive annual percentage interest rates of more than 30 percent for customers who have missed or been late with payments.
  • New policies on credit card minimum payments have raised minimum payment requirements from 2 percent to as much as 4 percent of balances, resulting in doubled minimum payments for some customers.
  • This winter has seen the highest natural gas and fuel oil prices in recent memory, forcing some consumers to choose between utilities and debt payments.
  • Home prices are slowing for the first time in several years in many parts of the country.

“Times are tight for consumers in serious debt trouble, but consumers need to know there are options beyond bankruptcy,” Stroh explains. “Many consumers might not be aware that they can avoid the hassle and expense of a bankruptcy filing by working with a reputable debt resolution company instead.”


By negotiating with creditors on behalf of the consumer, a debt resolution company can reduce a consumer’s principle balance due – rather than just interest rates – as well as lower monthly payments and avoid the negative credit impact of a long-term bankruptcy judgment. For those consumers who do contemplate a Chapter 13 bankruptcy filing – which establishes a repayment plan rather than wiping out all debt – the debt repayment plans that a debt resolution company obtains, Stroh says, almost always will be more favorable to the consumer than those resulting from Chapter 13 filings. For example, Freedom Financial Network clients often can save up to half the total amount they owe.

Freedom Financial Network, LLC (www.freedomfinancialnetwork.com) provides consumer debt resolution services through its Freedom Debt Relief and Freedom Tax Relief divisions. The company works for the consumer, negotiating with creditors to lower principal balances due that can often result in savings of up to half the amount owed. Based in San Mateo, Calif., Freedom Financial Network serves more than 5,000 clients nationwide and manages more than $200 million in consumer debt, offering an alternative to bankruptcy, credit counseling, and debt consolidation.

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CONTACTS:

Brad Stroh,
Freedom Financial Network, LLC
650-571-0961, x210
bradford@freedomdebtrelief.com

Aimee Bennett,
Fagan Business Communications
303-843-9840
aimee@faganbusinesscommunications.com
 
 
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