File bankruptcy, consolidate, or other options?
If your parents' business isn't viable (regardless of what combination of the economy or their management of it caused it not to be viable) it would seem that you'd be throwing good money after bad to save it. If the whole thing gets paid off, then they get rid of the debt, but the economy will still be in the tank and they'll be going in the hole again. If they think they're five years away from retirement, then they're kidding themselves.  They won't be able to retire. They should get bankruptcy advice and should start looking for other sources of income.  Maybe sell their house and get something smaller.  Have their expenses match their income. Sorry if this sounds harsh but it will be difficult for them to recover from this mess if they're in their late fifties. If your parents can afford to shell out $1,250 a month for 5 years, they would pretty much have the debt paid off, provided the credit card companies don't start playing games with rates. If that payment is too high, maybe you could kick in $5k every few months to knock the principal down.  If they think the business can keep puttering along without losing more money, that may be the way to go. Five years is long enough that the business or property may have recovered some value. Another option, depending on the value of the home, could be a reverse mortgage. I don't know how the economy has affected those programs, but that might be a good option to get the debt cleared away. My grandfather was in a similar position back in the 70's. He owned taverns in NYC that catered to an industrial clientele... the place was booming in the 60s and my grandfather and his brother owned 4 locations at one point. But the death of his brother, post-Vietnam malaise, suburban exodus and shutting of industry really hurt the business, and he ended up selling out his last tavern in 1979 -- which was a dark hour in NYC history and real estate values. A few years later, that building sold for a tremendous amount of money... I believe 10x more. I don't know whether there was a way for his business to survive for another 5-7 years, as I was too young to remember. But I do remember my grandfather (and my father to this day) being melancholy about the whole affair. It's hard to have to work part-time in your 60's and be constantly reminded that your family business -- and to some degree a part of your life -- ended in failure. The stress of keeping things afloat when you're broke is tough. But there's also a mental reward from getting through a tough situation on your own. Good luck! A couple of thoughts from someone who's kind of been there... Is the business viable at all? A lot of people do miss the jumping-off point where the should stop throwing good money after bad and just pull the plug on the business. If the business is not that viable, then selling it might not be an option. If the business is still viable (and I'd get advice from a good accountant on this) then I'd be tempted to try and pull through to until I'd get a good offer for the business. Don't just try to sell it for any price because times are bad if it's self-sustaining and hopefully makes a little profit. I does sound like their business is on the up again and if that's a trend and not a fluke, IMHO pouring more energy into (not money) would be the way to go. Don't make the mistake of buying high and selling low, so to speak. I'm also a little confused re their house - do they own it or do they still owe money on it? If they owe money on it, how are they making their payments? If they close the business, do they have enough income to make the payments still? Before they find another job, even if it's just a part-time job? As to paying off their debts or at least helping with paying them off, I'd only do that if I was in a financial position to gift them the money; anything else is going to wreak havoc with the family dynamics (including co-signing debt for them) and everybody will wish they didn't go there. Ask me how I know. Re debt consolidation, I don't think it's going to do much for them, apart from costing them more money for something they could do themselves. Bankruptcy - well, are they bankrupt or are they looking for the get-out-of-debt-free card? Sorry to be so blunt, but if they're so deep in the hole that they truly have no chance whatsoever to pay off their debt ever, then they're bankrupt. From what you're saying they're able to make the minimum payments they're not really what I'd consider bankrupt... Are your parents on a budget? As duffbeer703 said, depending on how much money the business is making they should be able to pay off the debt within a reasonable amount of time (which again doesn't make them bankrupt). "I think you're asking yourself the wrong question. The real question you should be asking yourself is this:  ""Do I want to a) give my parents a $45,000 gift, b) make them $45,000   loan, or c) neither?"" The way you are talking in your question is as if you have the responsibility and authority to manage their lives. Whether they choose bankruptcy, and the associated stigma and/or negative self-image of financial or moral failure, or choose to muddle through and delay retirement to pay off their debt, is their question and their decision.   Look, you said that loaning it to them was out, because you'd rather see them retire than continue to work. But what if they want to continue to work? For all the stress they're dealing with now, entrepreneurial people like that are not happy  You're mucking about in their lives like you can run it. Stop it. You don't have the right; they're adults. There may come a time when they are too senile to be responsible for themselves, and then you can, and should, step up and take responsibility for them in their old age, just as they did for you when you were a child. But that time is not now. And by the way, from the information you've given, the answer should be C) neither. If giving or loaning them this kind of money taps you out, then you can't afford it." "Tough spot. I'm guessing the credit cards are a personal line of credit in their name and not the company's (the fact that the business can be liquidated separately from your parents means they did at least set up an LLC or similar business entity). Using personal debt to save a company that could have just been dissolved at little cost to their personal credit and finances was, indeed, a very bad move. The best possible end to this scenario for you and your parents would be if your parents could get the debt transferred to the LLC before dissolving it. At this point, with the company in such a long-standing negative situation, I would doubt that any creditor would give the business a loan (which was probably why your parents threw their own good money after bad with personal CCs). They might, in the right circumstances, be able to convince a judge to effectively transfer the debt to the corporate entity before liquidating it. That puts the debt where it should have been in the first place, and the CC companies will have to get in line. That means, in turn, that the card issuers will fight any such motion or decision tooth and nail, as long as there's any other option that gives them more hope of recovering their money. Your parents' only prayer for this to happen is if the CCs were used for the sole purpose of business expenses. If they were living off the CCs as well as using them to pay business debts, a judge, best-case, would only relieve the debts directly related to keeping the business afloat, and they'd be on the hook for what they had been living on. Bankruptcy is definitely an option. They will ""re-affirm"" their commitment to paying the mortgage and any other debts they can, and under a Chapter 13 the judge will then remand negotiations over what total portion of each card's balance is paid, over what time, and at what rate, to a mediator. Chapter 13 bankruptcy is the less damaging form to your parent's credit; they are at least attempting to make good on the debt.  A Chapter 7 would wipe it away completely, but your parents would have to prove that they cannot pay the debt, by any means, and have no hope of ever paying the debt by any means. If they have any retirement savings, anything in their name for grandchildren's college funds, etc, the judge and CC issuers will point to it like a bird dog. Apart from that, their house is safe due to Florida's ""homestead"" laws, but furniture, appliances, clothing, jewelry, cars and other vehicles, pretty much anything of value that your parents cannot defend as being necessary for life, health, or the performance of whatever jobs they end up taking to dig themselves out of this, are all subject to seizure and auction. They may end up just selling the house anyway because it's too big for what they have left (or will ever have again). I do not, under any circumstance, recommend you putting your own finances at risk in this. You may gift money to help, or provide them a place to live while they get back on their feet, but do not ""give till it hurts"" for this. It sounds heartless, but if you remove your safety net to save your parents, then what happens if you need it? Your parents aren't going to be able to bail you out, and as a contractor, if you're effectively ""doing business as"" Reverend Gonzo Contracting, you don't have the debt shield your parents had. It looks like housing's faltering again due to the news that the Fed's going to start backing off; you could need that money to weather a ""double-dip"" in the housing sector over the next few months, and you may need it soon."
I wouldn't buy a house at this time. Your credit card debt is the most expensive thing you have. Which is to say that you want to get rid of it as soon as possible. The lawyer isn't cheap, and your personal situation is not fully resolved. Congratulations on paying off the IRS, and getting up the 401k to 17.5k.  Take care of the two things in paragraph 1, first,and then think about buying a house. You're doing too much good work to have it possibly be derailed by home payments. This sounds like a crazy idea, but in reality people don't make the wisest decisions when considering bankruptcy in Australia.  My suggestion would be to get some advice from an insolvency specialist. "You're welcome to throw in the towel and stop paying any time you want.  You'll just suffer the consequences of doing so. It sounds like you're concerned about losing your job ""in the next few years.""  What are you doing to stem this off?  Are you building up a side income?  Are you building up portable skills -- ones that can be used anywhere?  If you think you have a few years left, use them.  Build something up.  You may be able to recover more quickly, or last longer until you find a new job. Some of my blogging friends have been at it about as long as I have, and they're in high-five, low-six figures now.  For blogging.  Some did it even faster.  All it takes is time.  Your expenses for starting a blog are $10/month plus cutting out two hours of TV / drinking / anything else consumer-ish to learn more about your favorite interest, write about it, and interact with the online community. That's just one idea.  Season to taste or choose a different meal altogether. Are you frugal?  Are you looking for ways to cut expenses?  If you can find extra money to save a little bit more and knock out just one of those debts (say, the car), you'll be able to throw that payment at the student loan.  Then they'll both be gone, and you can save up a cushion for yourself faster. I just think it's a little weak to give up when you're not really in trouble yet.  You're tight, but you can get through that." "I debated whether to put this in an answer or a comment, because I'm not sure that this can be answered usefully without a lot more information, which actually would then probably make it a candidate for closing as ""too localized"". At the very least we would need to know where (which jurisdiction) she is located in. So, speaking in a generic way, the options available as I see them are: Contact the mortgage companies and explain she can't continue to make payments. They will likely foreclose on the properties and if she still ends up owing money after that (if you are in the US this also depends on whether you are in a ""non-recourse"" state) then she could be declared bankrupt. This is rather the ""nuclear option"" and definitely not something to be undertaken lightly, but would at least wipe the slate clean and give her some degree of certainty about her situation. Look very carefully at the portfolio of properties and get some proper valuations done on them (depending on where she is located this may be free). Also do a careful analysis of the property sales and rental markets, to see whether property prices / rental rates are going up or down. Then decide on an individual basis whether each property is better kept or sold. You may be able to get discounts on fees if you sell multiple properties in one transaction. This option would require some cold hard analysis and decision making without letting yourselves get emotionally invested in the situation (difficult, I know). Depending on how long she has had the properties for and how she came to own them, it MIGHT be an option to pursue action against whoever advised her to acquire them. Clearly a large portfolio of decaying rental properties is not a suitable investment for a relatively elderly lady and if she only came by them relatively recently, on advice from an investment consultant or similar, you might have some redress there.  Another option: could she live in one of the properties herself to reduce costs? If she owns her own home as well then she could sell that, live in the one of the rentals and use the money saved to finance the sale of the other rentals. Aside from these thoughts, one final piece of advice: don't get your own finances tangled up in hers (so don't take out a mortgage against your own property, for example). Obviously if you have the leeway to help her out of your budget then that is great, but I would restrict that to doing things like paying for grocery shopping or whatever. If she is heading for bankruptcy or other financial difficulties, it won't help if you are entangled too." Absolutely true, but in a bankruptcy situation the best OP can do is win a judgment for breach of contract/fiduciary duty/whatever against Refco, and then get a levy on some assets. He's still just a lien creditor who will be paid after all the secureds in bankruptcy.  As MF Global is demonstrating once again, whatever regulations there are to keep clients' money in brokerages sequestered ain't cutting it. I've worked on numerous restructurings in the o&amp;g space. I assure you that bankruptcy is not a magical process of wiping away debt. It's been extremely common over the last 3 years in the energy industry. It'd be far more aggressive to say that a business is valued at $5 billion when in reality they have $5 billion in debt that traded at pennies on the dollar. Just found your comment as I was searching for 'judicial dissolution'. Depending on your state, your partner (by starting another business which is in direct competition to this business) has committed a breach of fiduciary duty, a breach of the implied covenant of good faith and fair dealing, and maybe fraud. I am currently dealing with a similar situation.  The solution that I am pursuing is judicial dissolution. I will say, does the business own the web domain name, or do you personally? In my case, I purchased the domain myself, and I am simply going to redirect to a similar (but different) domain, and claim it as a rebranding effort.  It sucks. A lot. But it's a valuable lesson learned (for me, anyway). Best of luck. * Absolutely agree with /u/IsAnAlpaca  * You /must/ not agree to this without seeing his balance sheet. * That means assets and liabilities, but also ask for the last 12 months' cash flow * Inability or unwillingness to provide any of those things is a HUGE no-go red flag. There are two common filings under the bankruptcy code. Chapter 11 provides for the company to be reorganized and prevents the creditors from suing for their debts for a period. Hopefully the company becomes profitable and can pay the creditors later, possibly negotiating a reduction in debt, or an exchange of stock for debt. Chapter 7 is liquidation, in which the company is sold with the proceeds going to the creditors. (I may have some of this wrong, as I am just writing this off the top of my head.) Beg, plead, whimper, and hope they take pity on you. Sorry, but there's no way to force someone to take less than you legitimately owe them except to declare bankrupty, and even that may not do it. If they aren't interested in throwing away $3000, your best bet really is to try to arrange a payment plan, or to get a loan from somewhere and pay that back over time. Of course either of those options is likely to cost you interest, but that's what happens... I wish I could say something else, but there really isn't any good news here. "You sound like you're already doing a lot to improve your situation... paying off the credit cards, paying off the taxes, started your 401k... I'm in a similar situation, credit ruined & savings gone after the divorce.  I know it feels like you're just spinning your wheels, but look at it this way: every monthly payment you make on a debt directly increases your net worth.  Paying those bills regularly is one of the single best things you can do right now. As for how you can improve your situation, only two things really jump out at me: 1) $1,300 in rent, plus $300 in utilities, seems quite high for a single man.  I don't know the housing costs in your area, though.  Depending on where you live, you could cut that in half while still living alone, or get a roommate and save even more.  You might have to accept a ""suboptimal"" living arrangement (like a smaller apartment), but we all have to sacrifice at times. 2) That last $1,000... you really need to budget how it's being spent.  Consider cooking at home more / eating out less, or trading in your car for one with lower insurance premiums.  Or spending less money on the kids.  You say it's for their entertainment, but don't say what that is... are we talking about going to the movies once a month, or rock concerts twice a week? 3) If the kids are on their own for college, it's not the end of the world.  I know you want to provide the best future you can for them... help them get good grades, and it'll do more for them than any amount of money. After all those & any other ways you find to save money, even if you can only put a hundred bucks in a savings account at the end of the month (and I'd be surprised if you couldn't put five), do it.  Put it in, and leave it there, despite the temptation to take it out and spend it." Keep in mind collectors are trying to get you to react emotionally, which is having some effect as you are considering bankruptcy.   ...threatening me with judgments... Did they threaten to take away your first born son too?  Many of their threats are empty.  Even if you do have a judgement, you may be able to negotiate with the lawyer that is handling the judgement.  Once you don't pay them anything for a few years, they are more likely to negotiate. It is good that you recognize that it was your dumb decisions that got you into this mess.  Once on the other side of all this cleaning up that you have to do what will you change so this does not happen again?  What raises a red flag for me is that you are worried about your credit score.  Trying to have a good credit score is what got you into this mess in the first place. Stop borrowing. "Assuming by your username that you are Dutch and this concerns invoices under Dutch law, there are a couple of ways to go about it. First of all, we don't have ""small claims court"" the way the US does. That would make life a lot easier, but we don't.   You can go all legal on him and go through court procedures. The first step would probably be the [""kantongerecht""](http://nl.wikipedia.org/wiki/Kantongerecht) though there are some limitations to what you can do there. You don't need to have a lawyer at the kantongerecht, but chances of fucking up are high if you don't have experience or some experienced help. It's also likely to eat up more of your time than it's worth. And even if you get a favorable judgement there's still the matter of collecting.   The second option, which nearly all companies in the Netherlands use, is to turn it over to an ""incassoburo"" (collections agency). For either a fee or a percentage they'll go after the miscreant, usually tacking that fee onto the money owed so it shouldn't cost you too much. The downside is that, again, they're not always successful if the non-paying person is either extraordinarily obstinate, already in a lot of debt, or if you're looking at him/her/it going bankrupt or being in ""schuldhulpverlening"" (debt counseling, which in some cases comes with legal protections).   The third way, if it's a viable debt but you're willing to take a loss in exchange for money now, is to sell off the debt to a factoring agency. They'll assess it and pay out the open invoice to you, minus costs and/or a percentage depending on how they view their odds of collecting on it. It's then their debt, and they'll go after the original debtor without you ever needing to bother with it again.   It's a tough position to be in. I've had to write off some invoices over time, some only a couple'hundred, some in the 5-figure range when a major customer of mine went tits-up. And I just happened to have an interesting conversation yesterday with someone who's more into the commercial side of my line of work. I learned that some relatively big name potential clients are looking more and more like a debt-ridden empty shell,  so they went on the list of companies to keep a sharp eye on in case I do business with them.   In future cases, keep on top of payment t&amp;c, start reminding (""aanmaning"") as soon as they miss their pay-by date as the first documented step towards taking action against them, and if it's a common problem try looking at factoring companies or insurance against non payment. It will cost you some margin, but increase your security." I'm afraid you're not going to get any good news here. The US government infused billions of dollars in capital as part of the bankruptcy deal. The old shares have all been cancelled and the only value they might have to you are as losses to offset other gains. I would definitely contact a tax professional to look at your current and previous returns to create a plan that best takes advantage of an awful situation. It breaks my heart to even think about it. The value of an option has 2 components, the extrinsic or time value element and the intrinsic value from the difference in the strike price and the underlying asset price. With either an American or European option the intrinsic value of a call option can be 'locked in' any time by selling the same amount of the underlying asset (whether that be a stock, a future etc).  Further, the time value of any option can be monitised by delta hedging the option, i.e. buying or selling an amount of the underlying asset weighted by the measure of certainty (delta) of the option being in the money at expiry. Instead, the extra value of the American option comes from the financial benefit of being able to realise the value of the underlying asset early. For a dividend paying stock this will predominantly be the dividend. But for non-dividend paying stocks or futures, the buyer of an in-the-money option can realise their intrinsic gains on the option early and earn interest on the profits today. But what they sacrifice is the timevalue of the option.  However when an option becomes very in the money and the delta approaches 1 or -1, the discounting of the intrinsic value (i.e. the extra amount a future cash flow is worth each day as we draw closer to payment) becomes larger than the 'theta' or time value decay of the option. Then it becomes optimal to early exercise, abandon the optionality and realise the monetary gains upfront. For a non-dividend paying stock, the value of the American call option is actually the same as the European. The spot price of the stock will be lower than the forward price at expiry discounted by the risk free rate (or your cost of funding). This will exactly offset the monetary gain by exercising early and banking the proceeds. However for an option on a future, the value today of the underlying asset (the future) is the same as at expiry and its possible to fully realise the interest earned on the money received today. Hence the American call option is worth more. For both examples the American put option is worth more, slightly more so for the stock. As the stock's spot price is lower than the forward price, the owner of the put option realises a higher (undiscounted) intrinsic profit from selling the stock at the higher strike price today than waiting till expiry, as well as realising the interest earned. Liquidity may influence the perceived value of being able to exercise early but its not a tangible factor that is added to the commonly used maths of the option valuation, and isn't really a consideration for most of the assets that have tradeable option markets. It's also important to remember at any point in the life of the option, you don't know the future price path. You're only modelling the distribution of probable outcomes. What subsequently happens after you early exercise an American option no longer has any bearing on its value; this is now zero! Whether the stock subsequently crashes in price is irrelevent. What is relevant is that when you early exercise a call you 'give up' all potential upside protected by the limit to your downside from the strike price.