They claimed that i couldnt claim Bankruptcy if i Signed the Contract
Date: Mon, 07/06/2009 - 18:01
Yes, you can claim bankruptcy on payday loans. Is the company s
Yes, you can claim bankruptcy on payday loans. Is the company still contacting you after you filed and they were notified of the bankruptcy stay? If so, they violated the bankruptcy stay.
The right to file bankruptcy is a statutory right. No contract
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.
The above guest is correct. That verbage is in place to hopeful
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.