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payday loans - going to file chapter 7

Submitted by on Sat, 04/07/2007 - 13:16
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Hello, I have a question. Are internet payday loans dischargeable in bankruptcy if you took them out within the 90-day period? I looked at the new law and it says cash advances of $700 or more are not. Is this with just each creditor or total? Also, do they have to object to have it not discharged or can the trustee say it can't be discharged?


thanks for the response steelers. Where do you get that information about the judge deciding? I swear I read it has to be the creditor that objects.

I am $130K in unsecured debt. I lost my job and started to take out these payday loans and gamble because I was depressed. I knew I was going to file bankruptcy, so I am tempted to just leave them off my petition, but I am filing at the end of May so maybe it won't look that fraudulant. What will happen if I never pay any of them back?

I am in MN, the loans I have out are:

CashnetUSA - $700
CashnetUSA - $350
DMS marketing - $300
Mycashnow - $1000
Cashtransfercenters - $700

I don't work - I used our business so I am not worried about wage garnishment, they only have my cell and home numbers. What do internet payday lenders do eventually, settle for half or less?


Submitted by on Sat, 04/07/2007 - 13:35

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The creditor can object, but it is the judge who makes the decision.
These are internet payday loans. How long have you been paying on them? It may be that you have already paid back the principal and legal interest by rolling over the loans, which is illegal in most states. What state are you in also.
With Cash Transfer, you are going to need to revoke your voluntary wage assignment. By law if you revoke this they have to abide by this.


Submitted by WHEREAMI? on Sat, 04/07/2007 - 13:40

WHEREAMI?

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This link will inform you of your state's pdl laws. Just click on your state on the map.
It is possible to get these loans marked paid in full. You will find that the companies you are dealing with are not licensed in your state. You will first need to close and open a new account to stop them from debiting anymore money and take back control of your financial situation. And file complaints against each of these companies with your Attorney General's office.


Submitted by WHEREAMI? on Sat, 04/07/2007 - 13:43

WHEREAMI?

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If you put them down on the BK some of them will not do anything at all and will not bother you others will call and tell you that you have to pay them. I had 4 storefront and only one made me paid them. It has been 6 years and have never heard from them. I guess that when they received the creditors notification of the Ch 7 they decided it was not worth to go to court for the creditors hearing I guess, none of the creditors showed up to the hearing either it went smoothly. follow Steelers1 directions. I know DMS Markgt.will not give you to much hassle but the other ones might. Good luck.
t


Submitted by spanisheyes on Sat, 04/07/2007 - 23:22

spanisheyes

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I had also filed bk. But a chpt. 13 over 4 yrs. ago. I had 3 storefronts included. Only one filed a claim, the others didn't file a claim, so therefor were not paid, and can not come after me to collect ever. And they have never attempted to contact me. But when I filed the storefronts were more than 90 days old, don't know if that made a difference on them contesting or not, nobody showed up in court. I have heard that if they are less than 90 days they will show up in court to contest. I have a difficult time understanding bk since the laws have changed.


Submitted by WHEREAMI? on Sun, 04/08/2007 - 05:43

WHEREAMI?

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When I talked to a lawyer about filing bk he explained the 90 day period like this:

If your debt is less then 90 days old at the time you file, the creditor that you owe that debt to can object to the bk, and the judge can throw out the whole bk, not just the one debt. But just because they can doesn't mean they will. It's still ultimatly up to the judge. And I was told a lot of the time with payday loans, they aren't going to object.


Submitted by goudah2424 on Mon, 04/09/2007 - 07:57

goudah2424

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