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Posted: Fri Jun 16, 2006 7:00 am Subject: PayDay Loans and Bankruptcy |
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Can payday loans be discharged in Bankruptcy? Can someone point me towards some laws that have to do with discharge of PDL's in bankruptcy?
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CRISTEE

Joined: 16 May 2006
Posts: 13
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Posted: Fri Jun 16, 2006 7:19 am Subject: |
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I talked to a bankruptcy lawyer in the past and I believe they can be included as long as they are not within a few months of being new.
Here is one of a few websites that talks about Payday loans and bankruptcy
attorneybankruptcy.net/cash_advances.cfm
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PinkLady
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Joined: 15 Jun 2006
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Posted: Fri Jun 16, 2006 11:37 am Subject: |
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Payday loan is an unsecured debt that can be discharged in bankruptcy. If you do not have any assets, talk to a bankruptcy attorney who will help you in discharging your debts. The creditors who don't hold any of your security will be sent notice about your filing.
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Justme
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Joined: 19 Jan 2005
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Posted: Sat Jun 17, 2006 12:16 pm Subject: can you stop payment on payday loans |
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My husband got in troube with a credit card and they sent it to court..to make it a short story,, and then he didnt do anything about the court AND THEY TOOK THEM MONEY OUT OF THE ACCOUNT..sorry for caps...and then when they do that you loss your over draft protection. si i bounced all kinds of checks..so we tryed to fix that with apyday loans and oh my they are just getting us into more troble..now i have no mooney they take it rent bounced and so did car ..cant take a loand because of the credit card shit...i have no mney for food or anything
help...any infor will help
Linda
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Linda
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Debtcc Points: 100
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Posted: Mon Jun 19, 2006 4:21 pm Subject: |
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Linda, my reply to your subject line is that you can stop a payday loan company from making the debits in your account. You need to explain the problems to your bank and request them to block the payer code of the company. Thus, there won't be any debits from the company. If this doesn't sound good, close your checking account. You need to clear all the charges with your bank before the account is closed.
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GunsNroses
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Joined: 08 Jun 2006
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Posted: Fri Jul 28, 2006 3:09 pm Subject: I NEED SOME HELP ASAP!!!!!!!!! |
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Ok 1st off can they take me 2 jail???? I have about 10 payday loans and i cant pay back not 1. I know and i am ashamed of myself!! But it's not my fault i thought that i would be able 2 handle it but it got out of hand when it got out of control.
I live in texas and i dont know the law that well
I took out payday loans with 4 local stores and the rest on-line. Can they take me 2 court?, can they sue me? And the most important thing is can i go 2 jail!!!! Any-1 please some advise iz better than none!!
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monique
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Posted: Fri Jul 28, 2006 3:17 pm Subject: |
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First of all, you will not go to jail. The store front lenders can take you to court andget a judgement for the amount you owe. You need to talk to the store front lenders and try to work out payment arrangments. The online lenders will not have you arrested, charge you with fraud, etc. There is nothing to be ashamed of, alot of us have gotten hung up in the pdl cycle. What online lenders do you have loans with?
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NotsoLucky

Joined: 02 Nov 2005
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Posted: Wed Aug 09, 2006 2:33 pm Subject: |
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All of my payday loans were discharged through my Chapter 7 bankruptcy. I just got a letter from one company collecting for a company that I got a payday loan through about two weeks ago. My bankruptcy was dicharged back in April. My attorney's office advised me to mail all of my bankruptcy papers to them (ie. letter showing the date and time of my meeting of creditos, copies of papers that listed all debts discharged in my bankruptcy, and a copies of my dishcharge papers).
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ChocolateBeauty

Joined: 19 Mar 2006
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Posted: Mon Aug 14, 2006 12:02 pm Subject: Payday loans and bankruptcy |
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I have retained a bankruptcy attorney. The attorney said that I should give my creditors their name and let them know I am filing for bankruptcy. Are creditors allowed to keep calling you, even if I have retained an attorney? I tell them not to call me at work, but they keep calling.
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smithdebora2000

Joined: 26 Jun 2006
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Posted: Mon Aug 14, 2006 2:11 pm Subject: |
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Smith, I feel that creditors will stop calling you only after the debt has been discharged in bankruptcy. They don't want you to take this step and will try every way to collect the money from you. You need to be quick in filing for bankruptcy if you are finally decided with it. Don't let them get some legal papers before the debt is discharged in bankruptcy.
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Christina

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Posted: Mon Aug 14, 2006 3:47 pm Subject: |
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Once they get the letter from your attorney stating that you've filed bankruptcy and your account with them was included, they aren't allowed to keep calling you. If they do continue to call, you must direct them to your attorney (by giving them the attorney's phone number) and have them speak to them about the account. You shouldn't speak to anyone that you have included in your bankruptcy. Your attorney handles everything once you've filed AND if they should contact your onces the bankruptcy is discharged, you are to send ALL paper work to the creditor. This would included, the meeting of the creditors letter that you get from the bankruptcy court (which shows the date and time that your hearing was), a list of all creditors that was included in the bankruptcy, AND the letter that you get from your attorney and/or court stating that your bankruptcy was discharged. HTH.
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ChocolateBeauty

Joined: 19 Mar 2006
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Posted: Thu Aug 17, 2006 12:20 am Subject: |
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Payday Loans are included in bankruptcy. As a matter of fact, anything that is displayed on your credit report can be included when filing bankruptcy.
One thing that noone has mentioned here is. If you make any payments to old creditors after the discharge has been made, you are basically telling these creditors you want to keep them.
Now, they can start all over again. These accounts do not start off fresh either. They are still owed like they were before the bankruptcy. So Do Not send any payments to any creditors during the process of declaring bankruptcy or afterwards, unless you plan on reinstating this contract and plan to keep the account.
Your lawyer should have explained this to you during the process or if you have not done it yet, he/she most likely will let you know when it happens.
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ShawnK

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PinkLady
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anthony

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PinkLady
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Posted: Tue Sep 05, 2006 6:49 am Subject: |
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I have about 12 or 13 different payday loans out, through internet lenders. A few have called me saying that i needed to settle with them, well i can't pay their payments, due to the balance of the accounts. I went and saw a bankruptcy lawyer last friday and don't know what would be the best choice? i am only 21 and am swamped with payday loan debt and a few credit cards and other debt. I need some guidence and help on the situation. Please help!
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MandaHeartsDrew

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