PDL and bankruptcy question.
Date: Thu, 06/11/2009 - 20:13
I am filing for bankruptcy tomorrow and everything seems to be straightforward, but being the worry-wart that I am, I have been wracking my brain to see if there's anything that can delay or hurt my bankruptcy.
Last year, I received a PDL from mycashnow.com for $500. But soon after receiving the loan, I decided that I was going to try a debt resolution plan. The debt resolution company advised me to close my checking account. I soon realized that some of my creditors would not work with a debt resolution company, so after a few months, I cancelled my plan and retained a lawyer for bankruptcy (that turned in to a bust, but that's another story). To get to the point, mycashnow.com never received any money from me. I've received previous loans from them, and paid them off, but this last time, they never received one payment from me.
My question is, did I legally defraud them, and if so, can they contest my bankruptcy? I live in Virginia and I have never received a letter from them. I did change my phone number, but they never called me prior to me changing my number. They are not reporting my debt to the credit agency either.
Thanks in advance for any help.
Last year, I received a PDL from mycashnow.com for $500. But soon after receiving the loan, I decided that I was going to try a debt resolution plan. The debt resolution company advised me to close my checking account. I soon realized that some of my creditors would not work with a debt resolution company, so after a few months, I cancelled my plan and retained a lawyer for bankruptcy (that turned in to a bust, but that's another story). To get to the point, mycashnow.com never received any money from me. I've received previous loans from them, and paid them off, but this last time, they never received one payment from me.
My question is, did I legally defraud them, and if so, can they contest my bankruptcy? I live in Virginia and I have never received a letter from them. I did change my phone number, but they never called me prior to me changing my number. They are not reporting my debt to the credit agency either.
Thanks in advance for any help.
It's not fraud and unless things have changed dramatically since
It's not fraud and unless things have changed dramatically since my days as a bankruptcy attorney, the threshold is $600 in new debt before a creditor can challenge debt taken in the 60 days prior to filing. Last year is a lot longer than that and $500 is a lot less. They won't contest your bankruptcy.
