Filed bankruptcy 4 months back. Payday loan companies are still calling me. They are saying that payday loans can’t be discharged through bankruptcy. These are special loan arrangements. Hence automatic stay doesn’t apply to them. Is it true?
Of course the automatic stay
applies and that "lender" is absolutely subject to it as well as the
Discharge Order when entered. There is no such thing as "special loan
arrangements".
Send a certified letter with a copy of the Notice of Bankruptcy Filing
(or the Discharge if entered) and advise the "lender" that if it
continues to contact you, you will seek sanctions against it and any
individual involved in violating your bk rights. Better yet, hire an
attny to kick some rear-end.
Are you nuts? You are
believing the stories cooked up by payday loan companies? Payday loans
are special as they don't need credit check. But, that's all about it.
There is nothing else. Automatic stay is imposed after 30 days of filing
bankruptcy. What lenders are saying is so not true. And, you can take
action against them legally. Who are these lenders by the way? Give us
the names once.
"Automatic stay is imposed after 30 days of filing
bankruptcy"
This is not correct. The protection of the automatic stay is immediate
the moment the case is filed unless the filing is the third filing
within one year of having two prior cases
dismissed.
If you file for Chapter 7 bankruptcy, the payday loan will be enlisted
as unsecured debt on the bankruptcy petition. In Chapter 7 bankruptcy,
you’ll be released from the payday loan debt repayment.
![DebtConsolidationCare [A+ on BBB] Logo](/sites/www.debtconsolidationcare.com/themes/bootstrap_forums_subtheme/forums/images/dtcc-logo.png){kind=logo}
Send a certified letter with a copy of the Notice of Bankruptcy Filing (or the Discharge if entered) and advise the "lender" that if it continues to contact you, you will seek sanctions against it and any individual involved in violating your bk rights. Better yet, hire an attny to kick some rear-end.
Des.
Sub: #1 posted on Tue, 05/05/2020 - 04:58
(Posts: 175 | Credits: )
Sub: #2 posted on Wed, 05/06/2020 - 04:46
(Posts: 398 | Credits: )
This is not correct. The protection of the automatic stay is immediate the moment the case is filed unless the filing is the third filing within one year of having two prior cases dismissed.
Sub: #3 posted on Wed, 05/06/2020 - 04:53
(Posts: 175 | Credits: )
If you file for Chapter 7 bankruptcy, the payday loan will be enlisted as unsecured debt on the bankruptcy petition. In Chapter 7 bankruptcy, you’ll be released from the payday loan debt repayment.
Call 800-DEBT-913 for more assistance!
Thanks! Keep posting!
Sub: #4 posted on Wed, 05/06/2020 - 22:03
(Posts: 249 | Credits: )