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Debt Relief

Ramsey Tells Unemployed Caller With $80,426 in Debt to Skip Payments and Settle Later

Digilifetrends Published 4 min read

Dave Ramsey advised an unemployed caller overwhelmed by debt tied to a manic episode to stop making card payments and deal with the balances later. But that approach skips the legal protections that come with bankruptcy, and a possible tax bill plus one future paycheck could determine whether it succeeds.

A Boston caller named Richard appeared on The Ramsey Show saying he had “basically no income” and wanted guidance on bankruptcy. He said he had accumulated $68,000 in debt over six months “due to a manic episode” before he had been diagnosed with bipolar disorder. He also owes another $12,000 on a car, bringing the total to “$80,426 is what I owe.”

Dave Ramsey
(EXCLUSIVE COVERAGE) attends "The Celebrity Apprentice" Season Premiere viewing party hosted by John Rich at Mount Richmore on March 6, 2011 in Nashville, Tennessee.

Ramsey, who built his show around becoming debt-free, told Richard to keep paying the minimum on the car and focus on the smallest credit card first. For the remaining cards, he said, “If you can’t get to all of them, let them go. Just don’t pay them.” He added, “I would rather you just not pay them and go settle with them later than file bankruptcy.”

Why the Plan Leaves Him Exposed

The problem is that skipping payments and settling later still means default. Bankruptcy’s automatic stay can legally halt collection calls, lawsuits and wage garnishment. If you default on your own, none of those protections apply.

Co-host Jade Warshaw said that paying $3,000 a month would clear Richard’s debts in 22 months. That would total $66,000, leaving him $14,426 short even before interest is counted.

The gap grows fast once interest is included. With average card APRs around 21%, the card debt alone would rack up about $1,200 in interest each month. At that pace, paying it off would take roughly 29 months. Warshaw’s plan only works if the card companies agree to accept less than the full amount owed. That is a settlement, and settlement terms often cost more than they appear to at first glance.

Ramsey has also described the thinking behind his own rule against borrowing. On a later episode, he said, “We decided after filing bankruptcy: we don’t borrow money.” He later added that bankruptcy “relieves the pressure today. It does not fix the problem in your mirror.” In Richard’s case, Ramsey said the debt “is the symptom of the manic episode,” while Richard said he is taking his medication.

Forgiven Debt Can Trigger Taxes

Federal tax law generally treats canceled debt as income under 26 U.S.C. § 61(a)(11). If a credit card company settles a balance for less than what is owed, the forgiven portion can be taxed like wages. There are two major exceptions: debt discharged in a bankruptcy case is not taxed, and neither is debt discharged when the taxpayer is insolvent, meaning liabilities exceed assets.

Richard is likely insolvent now, but he would still need to prove that each time a card is settled by filing IRS Form 982. In many cases, charged-off debt can also still be sued on until the statute of limitations expires under state law. Settlements also remain on a credit report in much the same way a bankruptcy does.

His Next Paycheck May Decide the Outcome

Richard said he is starting a new job at $27 an hour, which would amount to about $4,680 a month before taxes if he works full time.

Warshaw’s proposed payment would take about 64% of that gross income. He can only consider it because family members are charging him roughly $500 a month.

If that income continues for more than two years, the snowball-and-settlement approach could work without bankruptcy appearing on his record. If his income stops because of a relapse or a job loss, the unpaid balances will keep growing at 21%, and creditors could sue. Without bankruptcy, there would be no automatic stay to block them. Chapter 7 can eliminate unsecured credit card debt for people who pass a means test based on recent income, and filing now—while his recent income is almost nothing—would make that test easier to pass.

Steps to Take Before the First Paycheck Arrives

  1. Schedule a free bankruptcy consultation. Ask a local attorney whether Chapter 7 is available now, then compare that option with the cost and timing of settling each card separately.
  2. Recalculate the payoff plan using real interest rates. Check the APR on each statement and determine how many months $3,000 would actually cover after interest is added.
  3. Put settlement agreements in writing first. Never pay a settlement without a signed letter confirming the balance is resolved. On each settlement date, document your assets and debts so you can support the insolvency exception if needed.
  4. Keep the car loan current. It is secured debt, which means the lender can repossess the vehicle. The car may also be what gets him to work and keeps the rest of the plan alive.
  5. Include treatment costs in the budget. Ramsey said, “I’m not a therapist.” Medication and therapy should be funded before extra debt payments, because a relapse would derail any repayment plan.

Choosing default instead of bankruptcy only makes sense if income stays steady long enough to outlast creditor patience, so the numbers should be checked carefully before anyone stops paying.

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