QUESTION

I have a question about bankruptcy claiming and payday loans

Asked on Jan 16th, 2013 on Bankruptcy - Missouri
More details to this question:
I have multiple payday loans and installment loans and am talking to a lawyer about filing for bankruptcy. We do have a lien on our vehicle on one of them. can they procecute you and send u to jail or claim the property if bankruptcy is in progress?
Report Abuse

1 ANSWER

Bankruptcy Attorney serving Burbank, CA
Reviews not shown
3 Awards
First of all, debtor's prison was abolished in the 1800s, so you don't need to worry about going to jail.  At least not for failure to pay your debts. Once your bankruptcy is filed (I assume that's what you meant by "in progress"), an automatic stay goes into effect which prevents your creditors from taking any action to collect on a debt, without first obtaining court approval (which is only given if specific criteria are met). If a creditor has a lien against one of your assets, you may be able to remove that lien in the bankruptcy, depending on whether it is a consensual lien, judgment lien and what the value of the asset is and the amount of exemptions available to protect that asset according to applicable law in your case. You need to consult with a bankruptcy attorney in your area for more details. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.  
Answered on Jan 16th, 2013 at 8:46 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters