QUESTION

can i add bills i didnt know existed to my already filed bankruptcy case? and do payday loans qualify?

Asked on Nov 15th, 2011 on Bankruptcy - Minnesota
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3 ANSWERS

Personal Injury Attorney serving Fall River, MA at Botelho & Associates, LLC
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Yes you can add bills after your initial filing for Chapter 7 Bankruptcy. Payday loans qualify, as long as it was not made right before your filing. Basically if you got a payday loan, then filed bankruptcy right after, the debt would not be discharged most likely, as it would be considered fraudulent. Joseph F. Betel, Esq. BETEL & ASSOCIATES, LLCAttorneys At Lawhttp://massachusettslawyeronline.com/ 126 Shove Street Unit 202 Fall River, MA 02724 Office: 888-269-0688Cell: 508-801-6747FAX: 877-475-8147  
Answered on Dec 05th, 2011 at 2:17 PM

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William/J Joanis
If the debt existed on the date you filed the case, they are discharged, along with your other, listed, debts (except in very limited circumstances where there is money to be distributed to creditors),  Payday loans are very strange transactions under bankruptcy and the Courts have a difficult time dealing with them.  For example, these cases reach opposite results, reading the same laws: In re Kearns, Case No. 09-3917-JDP, Chapter 7, UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF IDAHO, 432 B.R. 276; 2010 Bankr. LEXIS 998, March 3, 2010. Court denied debtor's Motion for Determination of Contempt because the filing of debtor's Chapter 7 petition did not operate to stay payday loan lender's presentment of debtor's post-dated check. By its terms, 11 U.S.C.S. § 362(b)(11) did not exclude transactions involving post-dated, allegedly "noncontemporaneous" checks. In re Snowden, Chapter 7, No. 09-10318, UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF WASHINGTON, 422 B.R. 737; 2009 Bankr. LEXIS 3891; Bankr. L. Rep. (CCH) P81,668; 63 Collier Bankr. Cas. 2d (MB) 259, December 10, 2009 Where creditor made a "payday" loan and then, after notice of the debtor's bankruptcy was mailed to it, instituted an electronic transfer of funds based on information the debtor provided on a postdated check, the creditor was held to have willfully violated the automatic stay and was not excepted under 11 U.S.C.S. § 362(b)(11).  
Answered on Nov 18th, 2011 at 10:18 PM

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DWI Defense Attorney serving St. Louis, MO
Partner at JCS Law
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Yes, and yes. You can add creditors after your bankruptcy case has been filed. Anyone you owe money to qualifies as a creditor. Payday loans can certainly be discharged in bankruptcy. Speak with your attorney to add creditors. If you filed your own bankruptcy, try calling the clerk of the bankruptcy court.
Answered on Nov 16th, 2011 at 8:47 PM

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