18 ANSWERS
William Rhymer
Yes. However if you gave them something for collateral you may have to still pay it or give them the collateral. It would be your choice.
Answered on Jun 20th, 2014 at 12:34 PM
Consumer Bankruptcy Attorney serving Los Angeles, CA
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Orantes Law Firm
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Yes. It is best to file with an attorney experienced discharging such pay day loans because they are slippery, but it is possible.
Answered on Jun 12th, 2014 at 4:23 PM
Debt Settlement Attorney serving Chicago, IL
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Law Offices of Daniel J. Winter
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Generally, yes; it is important to discuss your whole situation with a lawyer to see whether you qualify for Chapter 7 Bankruptcy and what your options are in bankruptcy.
Answered on Jun 11th, 2014 at 8:37 PM
Bankruptcy Chapter 7 Attorney serving Boulder, CO
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Law Office of Paul Stuber
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Yes, all debts must be listed in a Chapter 7 bankruptcy.
Answered on Jun 11th, 2014 at 8:36 PM
Richard John Wotipka
You not only can, the rules require you to schedule all debts.
Answered on Jun 11th, 2014 at 8:36 PM
Yes, payday loans are dischargeable in Chapter 7.
Answered on Jun 11th, 2014 at 8:36 PM
General Practice Attorney serving Coeur d'Alene, ID
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Michael B. McFarland, PA
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Generally, yes. In some places, though, there can be an issue regarding the check (if any) that was used to "secure" the loan. In Northern Idaho, the prosecuting attorney will not press charges in these cases - but that may not be the same in all jurisdictions. A question of good faith may also be a potential problem. It would be best to check with an experienced bankruptcy attorney in your area in advance of any bankruptcy filing.
Answered on Jun 11th, 2014 at 8:36 PM
Yes. The question of whether the loan was obtained via fraud is up to the lender to raise.
Answered on Jun 11th, 2014 at 8:36 PM
Pay day loans are dischargeable in Chapter 7.
Answered on Jun 11th, 2014 at 8:36 PM
Absolutely, but if you took out the loan less than 6 months ago, you may be vulnerable to a claim that the loan is not eligible to be discharged.
Answered on Jun 11th, 2014 at 8:36 PM
Bankruptcy Attorney serving Santa Rosa, CA
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Law Offices of Craig Burnett
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Yes. All debts must be listed in your bankruptcy schedules.
Answered on Jun 11th, 2014 at 8:36 PM
Bankruptcy Attorney serving Seattle, WA
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The Law Office of Marc S. Stern
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Yes. Loans with a post dated check are generally held to be loans and the bankruptcy discharges the obligation.
Answered on Jun 11th, 2014 at 8:36 PM
You must list all creditors to whom you owe money on the date of filing, regardless of whether you intend to repay them or not. If you borrowed the pay day loan within 90 days of filing bankruptcy, the creditor could challenge the discharge of that debt but often they don't bother, depending upon the amount at stake. If it was within 30 days of filing, I counsel people to plan on paying it back. If it was within 90 days and the creditor challenges it, I usually counsel people to settle it rather than fight it, because most people filing bankruptcy can't afford to litigate the dischargeability of a debt.
Answered on Jun 11th, 2014 at 8:36 PM
Bankruptcy Law Attorney serving Livingston, NJ
Partner at
Law Office of Stuart M. Nachbar, P.C.
2 Awards
Yes it is possible to place a payday loan in a chapter 7.
Answered on Jun 11th, 2014 at 8:36 PM
Yes, you can list a payday loan on your bankruptcy schedules, however you should realize that it will have little to no effect. Payday loans by their very nature are illegal. Filing bankruptcy to remove payday loans is like asking your mugger to put his gun away and leave you alone because you have diplomatic immunity. The mugger doesn't care. Worse than that, you have given over all of your personal information to some nameless people in some distant country. They have sold your information countless times and are very likely engaging in identity theft all over the world with your formerly good name. You would be well advised to consider checking your credit report regularly now and perhaps even putting a freeze on it. Some of the people that I have come in contact with recently that are con-artist/pay day loan people are O'Bannion and Water Arbitration and Private Courier. They use innocuous names like Patrick and claim to be working out of the Sears Tower in Chicago, but in reality these payday loan people are working out of their homes on burner cell phones in India and Asia. They will lie and tell you they are government agencies or even the police. They use fear and intimidation to steal your money. And many scared people willingly part with their money in hopes that they will go away. Unfortunately, they are like cats. If you put out a bowl of milk, the street cats will remember to come back time and time again looking for more. It just shows them you are an easy mark. The moral of this story is never under any circumstances take a payday loan. Half the time they do not send the money. When they do, they charge usurious illegal interest rates and they steal your identity and threaten you forever like a loan shark. They say you can't con an honest person, but its debatable when you look at the payday loan schemes.
Answered on Jun 11th, 2014 at 8:36 PM
Information provided doesn't create an attorney/client privilege nor constitute an offer of services and is only general responses to hypotheticals
bankruptcy Attorney serving Paul, ID
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Paul N. J. Ross Law, PLLC
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Yes, and you are required to. All creditors must be listed in the bankruptcy schedules.
Answered on Jun 11th, 2014 at 8:35 PM
Taxation Attorney serving Charleston, WV
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C. Page Hamrick III
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FOR WEST VIRGINIA ONLY: #1 You must list ALL your debts on your bankruptcy petition. #2 Bankruptcy law determines whether a debt is dischargeable or not, not the creditor. #3 Unless the pay day loan is secured by some security interest there is no apparent reason why it would not be dischargeable. Is there some fact you have not told us?
Answered on Jun 11th, 2014 at 8:35 PM
Yes, of course you can put a pay day loan on chapter 7.
Answered on Jun 11th, 2014 at 8:35 PM