Filing bankruptcy

You can file on payday loans, as long as the debt is longer then 90 days old. If it's newer then 90 days, the company can object to your bankruptcy and it may not be discharged.

I would contact an attorney to make sure, but I know of many people that have filed bk and included payday loans. The only situation i could see where you may not be able to is if you were paying off the loan in full each time, then reloaning. In that case each time you reloaned it would be a totally new loan, and then wouldn't be 90 days old.

When I filed I included about 10 PDL's with mine. What Goudah stated above is true. The PDL's must be older than 90 days otherwise you may have trouble getting them discharged. But as always, the best thing to do is contact your attorney and see what they say.

THe payday loans all were the financed around March, April, May and begining of June. The ones in March-May were all the original loans and the ones in June were done in the begining of June and they were reapplied loans.The attorney has stated that we won't be filing until the end of August begining of September. Also, can they still attach our paychecks? One person I spoke to said they won't talk to our attorney. Can they still keep calling me. The attorney has said to forward all calls over to him but they won't even take the phone number.

Goudah, You may remember me. I came under a different name. The nosey coworker!! Thank you again for everything. I talked with the attorney last Saturday and with our debt to income ratio and with me having to take care of my parent who is really sick we just can't make any ends meet.

I remember you! Were the june loans rollovers, or did you take out a "new" loan? That would be the only concern. But I'd trust in your lawyer . . . They are usually right.

Once you have retained the lawyer you can request him to send the companies cease and desist contact letters. I had an attorney do this for me for a company that wouldn't leave me alone either. It pretty much states that the lawyer has been retained in your bankruptcy and that all further contact should be made with his office and not you. Once they get a letter from an attorney they will usually stop calling pretty quickly . . . . They don't want to get sued!

They can garnish your paychecks without a coutr order, but have you revoked any wage assignments yet? If you haven't, you need to do that asap. That will prevent them from getting at your paycheck without a judgement being entered against you.

Hi gouddah, I am in a bind and I hope you have any info. I deposited a check from my other banks checking account and put a stop payment on it because of the payday loans came in even though they were supposed to stop them. Now the bank is wanting the check I stopped payment for because that will pay for all the overdraft fees. They told me to open up a new account which I did and now they have me having a negative balance on my new account.

Also, when I talked with the lawyer they said that I could put the fees into the bankruptcy. I was dealing with a girl in another branch and now I am dealing with a jerk. I told him that the money they wanted didn't pay for anything I owed and that all of it was for NSF.

That sucks . . . Banks can really screw you.

What do you need some info on?

How do u find out what ur PDLS r? I have 2,but i dont know what thr at now,i never got a statement or anything,they were worth 200 and 300!please help me at email address removed as per forum rules - Mike

I should have my 3rd & final meeting with my bankruptcy lawyer real soon. Its amazing the calls I get now from the credit card agents who want to deal. I now can tell them to call my lawyer. I just couldn'tcontinue doing the debt relief, it was costing too much. Other things also came in to play which made filing for bankruptcy necessary & I'm not sorry I did it.

Be sure that these payday loans are licensed to operate in your state. If they are not, you legally do not have to pay them a dime.

Some states do not require licensing from that state, so to make a blanket statement like that could be dangerous . . . Some people may not make the distinction and get themselves into more trouble . . . .

When you file banruptcy, you have to claim all of your debts. When you have your meeting w/ the trustee, PDLS can then object to your petition(they have a 90 day period). When I my trustee meeting in January, I worried about them objecting. In most cases they won't because it would cost them more to go to court than eat the loss( even if it's under 90 days)

Vernon - I wouldn't worry - your statement will be correct for most cases. The PDL companies (especially those operating illegally) won't step foot in a courtroom - not even a bankruptcy court - because they KNOW they're operating illegally. For the most part, they will just quietly go away. Some may continue calling you for a time, but just keep repeating your position to them until they get sick of hearing it and give up.

I just had my meeting of creditors a couple weeks ago and I claimed a storefront, a legal internet pdl, and a couple illegal pdl's on my bankruptcy and none of my creditors showed up. :)

in ny if you claimed bankruptcy in 2001. can I claim it again in 2009. due to illness and medical expenses again?