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can i put payday loans in a bankruptcy/i have people calling threatening they are taking me on fraud charges i have had alot of finiancial problems in the last year ,and how long do they have to take me to court?
18 ANSWERS
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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Yes.
Answered on Jun 14th, 2013 at 1:35 AM
Bankruptcy Attorney serving Seattle, WA
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The Law Office of Marc S. Stern
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Payday loans are dischargeable in bankruptcy.
Answered on Jun 18th, 2012 at 9:12 AM
Commercial Bankruptcy Attorney serving Davie, FL
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Law Office of Jeffrey Solomon
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Payday loans are just another debt. Don't let them lie to you.
Answered on Jun 12th, 2012 at 12:45 AM
Yes, bankruptcy discharges payday loans.
Answered on Jun 07th, 2012 at 8:10 PM
Yes, you can discharge payday loans in bankruptcy just as you can discharge credit card debt. Don't listen to that hog wash from the collectors for the payday lenders. They are not special. It is not fraud to be unable to pay a debt. How long do they have to sue you? Quite a while. Assuming you signed a contract with them, and almost all the time they ask you to sign, they have 4 years from the date the money was due and was not paid.
Answered on Jun 07th, 2012 at 3:44 PM
Barbara A. Fontaine
A debt is a debt. There is no difference between a payday loan or a bank loan. They can certainly be debts in your bankruptcy.
Answered on Jun 07th, 2012 at 2:37 PM
Glen Edward Ashman
A bankruptcy certainly can cover payday loans. You will want to see a lawyer and do this right so you don't get bullied by the loan sharks in the payday loan companies when you file.
Answered on Jun 07th, 2012 at 2:35 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Usually they have 5 years from a default on a contract to sue you. Yes you can put payday loans in a bankruptcy. They probably could not get a final judgment against you for fraud. These calls would have to stop if you file bankruptcy, or they would be violating the federal automatic stay. There are a lot of people who have had financial problems, you are not alone, and Federal Law can protect you.
Answered on Jun 07th, 2012 at 2:29 PM
Yes, you can include payday loans in your bankruptcy schedules. You are required by law to list all of your debts in your bankruptcy schedules.
Answered on Jun 07th, 2012 at 1:47 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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Not only can you, but the law requires that you list all your debts, including pay day loans. Bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step. Most Arizona bankruptcy attorneys offer a free consultation about the basics of bankruptcy.
Answered on Jun 07th, 2012 at 1:42 AM
Yes. Payday loans can be discharged in bankruptcy. An objection to discharge might be raised if the information you provided to get the loan, that was specifically relied upon by the lender, was knowingly false.
Answered on Jun 07th, 2012 at 1:12 AM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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Yes. Your payday loans can also be included in your bankruptcy.
Answered on Jun 07th, 2012 at 1:09 AM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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Yes, payday loans are dischargeable through bankruptcy.
Answered on Jun 07th, 2012 at 1:04 AM
Daniel James Wilson
The pay day loan vultures are a real problem. You can discharge them in BK. They are lying about fraud charges.
Answered on Jun 07th, 2012 at 12:59 AM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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When you file bankruptcy you are required to list all assets and all debts. When you incur a debt less than 90 days prior to filing bankruptcy it is presumed that you didn't intend to pay it, which can result in an adversary proceeding (or lawsuit) in the bankruptcy court based on fraud. You probably will want to resolve this without waiting for a lawsuit to be filed against you.
Answered on Jun 07th, 2012 at 12:58 AM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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I am unable to answer totally. Pay day loans can be included on a bankruptcy. The closer to filing may require repayment, normally, better if over 4 to 6 months old. If they report you to the police it could be either 1 year for a misdemeanor or 3 years for a felony for them to file. This may be illegal collection tactics. They must prove fraud, not simply failure to pay. The result could be from loss of job, medical problems or other unforseen problems major car problems. They would have to show intent to defraud, in other words that you knew that your could not repay when you took out the loan. This is a difficult standard to meet.
Answered on Jun 07th, 2012 at 12:57 AM
Generally speaking, if you file a Chapter 7 on payday loans, and put stop payment on any post-dated checks written (and inform the payday lender the postdated checks are no good), the payday loans are Discharged in Chapter 7.
Answered on Jun 07th, 2012 at 12:55 AM
Bankruptcy: Creditor Attorney serving Grand Island, NE
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Milner Neuhaus & Judds
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Yes, payday loans are almost always dischargeable in Bankruptcy.
Answered on Jun 07th, 2012 at 12:54 AM