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payday loan - tell I am filing bankruptcy?

Date: Sun, 03/25/2007 - 14:13

Submitted by anonymous
on Sun, 03/25/2007 - 14:13

Posts: 202330 Credits: [Donate]

Total Replies: 10


Has anyone had any experience with telling a payday loan they are filing bankruptcy? Do they stop calling or keep on calling? It is a couple internet payday loans - we just closed our checking acct. and opened a new one.

Thanks!


Goudah is correct - sometimes the companies, especially the ones located overseas, will continue to call, because they think they are not bound by our laws.

If you are filing for bankruptcy and plan to include your payday loans, make sure you give all of the information you have on them (address, phone number, etc.) to your attorney. If they continue to contact you for payment, tell them to call your attorney. And make sure your attorney knows they are contacting you. If they don't stop, he can have them reprimanded by the bankruptcy court. I don't know how much effect that would have on the ones located overseas, but it's extremely effective on creditors located here in the states - they are not allowed to contact a debtor who has filed bankruptcy, once they have been informed of the filing.


lrhall41

Submitted by SUEBEEHONEY70 on Sun, 03/25/2007 - 14:40

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Legally, they can continue to call until you've actually filed for BK. But if you hire a lawyer, the lawyer will usually tell you to tell the creditors to contact him from now on.

From my experience, most of them contacted my attorney to verify my intentions to file, and left me alone after that. The one overseas company I dealt with didn't stop calling me, and one us based pdl didn't stop, but that pdl is a really bad one, so I wasn't surprised.


lrhall41

Submitted by goudah2424 on Sun, 03/25/2007 - 16:39

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I do intend on filing, I am paying my atty the $500 retainter fee next week, which I will have because I won't be paying the payday loans anymore, yipee! I just hope they don't call my atty and say, she took out a loan with us and only paid one extension fee! I don't want to look like a moran to my atty. But I suppose he has heard it all right?


lrhall41

Submitted by on Sun, 03/25/2007 - 17:41

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I don't know if this is per state laws, since i think BK laws are now federal, but I was told that debt incurred within 90 days of filing isn't automatically a reason for your BK to not be discharged, it only gives the creditor a chance to object to the BK. If the creditor objects, then the BK won't be discharged.


lrhall41

Submitted by goudah2424 on Mon, 03/26/2007 - 06:54

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Hi there. Yes, you should definitely tell them that you are filing bankruptcy. I know that once you do this, they are obligated to halt collecting, or any collecting activities.

I am pretty sure that you will need to have a case #, your attorney info, and things verified for them to actually stop. But if you have all that, let them know and they should stop calling you and collecting on it, as long as your case is confirmed.


lrhall41

Submitted by mlposting on Mon, 03/26/2007 - 09:19

( Posts: 29 | Credits: )