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They claimed that i couldnt claim Bankruptcy if i Signed the Contract

Date: Mon, 07/06/2009 - 18:01

Submitted by anonymous
on Mon, 07/06/2009 - 18:01

Posts: 202330 Credits: [Donate]

Total Replies: 3


I don't think this is Right the bankruptcy i am currently in is after i signed the contract, i called my attorney so well see what happens but this company doesn't understand that originally i was in good faith then the economy bombed and here i sit lost my house my car and job, oh well


The right to file bankruptcy is a statutory right. No contract can trump a federal law - regardless of whether it is a payday loan. All that matters is that is (a) a debt you incurred prior to filing bankruptcy and (b) that it's not a specific type of debt that the law says can't be discharged, i.e., child support obligations. If that's true then the lender has to come forward and file a complaint for nondischargeablity if it contends there was bad faith, etc. and convince the bankruptcy court to grant them the relief. No one is going to do that over a $300 to $500 loan, no matter what some $8 an hour collector told you.


lrhall41

Submitted by on Mon, 07/06/2009 - 19:34

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The above guest is correct. That verbage is in place to hopefully deter the customer that is intentially borrowing with the intent to gain funds prior to filing or have been advised by the Atty to get the fee this way (it does happen!!). I have not heard of any legal companies that will file the notice to exclude their debt from the BK. There may be some, but if there is they are few and far between.


lrhall41

Submitted by PDLOwner on Tue, 07/07/2009 - 10:00

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