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 Posted: Fri Mar 28, 2008 7:45 pm
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Hey everyone. Well, my wife and I are going to be filing chapter 7 bankruptcy. My question is what about the illegal payday loan that I still have. I've made a couple of payments but still owe $600.00 which is what I originally borrowed. What do I do when I file? I'm going to put them down as one of my creditors but will they follow the law or continue their tactics. My lawyer has told us to refer the creditors who call to him and they will leave us alone but does that apply to the payday loan company. The PDL is PaydayYes. Thanks, Ed.
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edhue1000
Joined: 17 Sep 2007
Posts: 22
Debtcc Points: 920
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Posted: Fri Mar 28, 2008 7:53 pm
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When they call, refer them to your lawyer and list them with you BK. They will have to follow the rules, they do not have a choice. If they keep calling you after you gave them your lawyers info all you need to do is let your lawyer know and he will go after them. And even after all is said and done, if any creditor tries to collect on a debt that was discharged in a BK you need to let the lawyer know and they will deal with it. With me, even though my BK is off my credit record and 11 years old I still have my papers, just incase some bottom feeder tries to come along and try and collect. I have proof that I can tell them to bite me and go away.
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puddlejmpr
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Posted: Fri Mar 28, 2008 7:59 pm
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Thanks for your help. I'm glad I found this forum to get help from people who have been in my situation before. Ed.
I forgot to add that they aren't calling me anymore but have switched to just e-mailing me. Should I e-mail back with my lawyers name and # or should I call them and let them know?
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edhue1000
Joined: 17 Sep 2007
Posts: 22
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Posted: Fri Mar 28, 2008 8:05 pm
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Creditors can and will try to contact you even though you have retained an attorney. The attempts to collect on a debt will not stop until your attorney actually files your bankruptcy case in court.
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Posted: Fri Mar 28, 2008 8:19 pm
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I would call them with the info. but if you don't want the conflict with them then you can e-mail the info. Has you lawyer talked to them yet?
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puddlejmpr
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Posted: Fri Mar 28, 2008 8:28 pm
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Actually, my wife and I just met with him yesterday and I forgot to ask about my payday loan. I just couldn't wait until we see him again next week when we fill out some paperwork and pay a retainer. I think I'm going to call and e-mail them the info and see what else my lawyer wants to do. Thanks everyone, Ed.
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edhue1000
Joined: 17 Sep 2007
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Posted: Fri Mar 28, 2008 8:31 pm
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You are on the right track and will feel so much better after you sign those papers  I wouldn't worry about the payday loan. They can add that in there with no problem. I wish you my best.
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puddlejmpr
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Posted: Fri Mar 28, 2008 8:45 pm
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Thanks everyone, Ed. 
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edhue1000
Joined: 17 Sep 2007
Posts: 22
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Posted: Sun Mar 30, 2008 12:05 am
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What is chapter 7 exactly and how long does it stay on your report?
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azulojos2006
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