logo

Debtconsolidationcare.com - the USA consumer forum

payday loan and bankruptcy

Date: Fri, 08/14/2009 - 09:31

Submitted by rusharoundmom
on Fri, 08/14/2009 - 09:31

Posts: 6 Credits: [Donate]

Total Replies: 12


I live in California. I have 4 pay day loans that are due right now! I have filled out my chapter 7 bankrupcy forms and completed my prefiling counseling. I'm torn on what to do with the loans that are due today and tomorrow. Right now I'm choosing between renewing my loans or using the money for the filing fees. Even if I file today, notification to the companies wouldn't be quick enough. I would have filed earlier in the week but I didn't have the money until I got paid. My paycheck is really small right now because I'm on medical leave and using integrated sick leave. My state disability payment comes next week.

If I renew them it will appear as if I never intended to pay and then they wouldn't be dischargable in the bankruptcy. If I don't pay them, at least two of them will still try to do a funds transfer from my checking account. If it were a check I could do a stop payment but they do everything electronicly so I don't trust that they won't get their money anyways.

My payroll check and my childrens social security are direct deposited so if I close the account, eek!


when is your pay and the ssi deposited?you should be able to close that account and open a new one with the funds being deposited in the new account no problem.i wouldn't worry about the pdl's as once you file BK the stay is executed.therefore none of them can even contact you at that point.go to your bank and explain the situation.they should be able to help you.


lrhall41

Submitted by paulmergel on Fri, 08/14/2009 - 10:08

( Posts: 15514 | Credits: )


Payroll takes forever to change. I'm taking with personnel today to request they place a hold on the direct deposit and issue a paper check next pay period.

As far as closing the account and opening another, I'm with a credit union so I'm worried once they hear bankruptcy they may not open another account. Does anyone know if there has been success with ACH holds on credit union accounts that you are requesting being held? my childrens accounts are also linked to my account.


lrhall41

Submitted by rusharoundmom on Fri, 08/14/2009 - 10:16

( Posts: 6 | Credits: )


All legal storefronts I believe. Call them and give your Atty name and number, then you should be ok. I would also notify them in writing with the information. If they debit your account after notification, then your Atty can request the funds be returned. You might even have your Atty contact the stores directly for notification to solidify the stay also.


lrhall41

Submitted by PDLOwner on Fri, 08/14/2009 - 11:07

( Posts: 1049 | Credits: )


my attorney told me the pdl will only be dischargable after 90 to 120 days, so if i file right now they will not get discharged. so if you want to include them definetly quit paying them right now. i would get a second opinion about how long to wait before they will be dischargable. he said it was the same with credit cards if its been less then 90 days it would look like i tool the loan out in anticipation of filing bk and they won be discharged.


lrhall41

Submitted by bastoops on Sun, 08/16/2009 - 10:35

( Posts: 353 | Credits: )