Can I put payday loans in a bankruptcy? 28 Answers as of June 14, 2013

can i put payday loans in a bankruptcy/i have people calling threatening they are taking me on fraud charges i have had alot of finiancial problems in the last year ,and how long do they have to take me to court?

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Marc S. Stern
Marc S. Stern | Marc S. Stern
Payday loans are dischargeable in bankruptcy.
Answer Applies to: Washington
Replied: 6/18/2012
Law Office of Jeffrey Solomon
Law Office of Jeffrey Solomon | Jeffrey Solomon
Payday loans are just another debt. Don't let them lie to you.
Answer Applies to: Florida
Replied: 6/12/2012
Cohen & Kendziorra, P.A.
Cohen & Kendziorra, P.A. | Robert S. Cohen
Yes, your payday loans can be included in your bankruptcy. A creditor can file a lawsuit against you at any time if you are in default of the loan.
Answer Applies to: Florida
Replied: 6/11/2012
CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE).
CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE). | Gary Lee Lane
If not recent only
Answer Applies to: California
Replied: 6/7/2012
G. Anthony Yuthas & Assoc.
G. Anthony Yuthas & Assoc. | Tony Yuthas
Yes, they are always telling people that they are exempt. Not true.
Answer Applies to: Colorado
Replied: 6/7/2012
    Indianapolis Bankruptcy Law Office of Eric C. Lewis
    Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
    Yes, bankruptcy discharges payday loans.
    Answer Applies to: Indiana
    Replied: 6/7/2012
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    Yes, as long as it is unsecured debt than it will be included in your bankruptcy. .
    Answer Applies to: New York
    Replied: 6/7/2012
    Attorney At Law | Harry D. Roth
    Yes, you can discharge payday loans in bankruptcy just as you can discharge credit card debt. Don't listen to that hog wash from the collectors for the payday lenders. They are not special. It is not fraud to be unable to pay a debt. How long do they have to sue you? Quite a while. Assuming you signed a contract with them, and almost all the time they ask you to sign, they have 4 years from the date the money was due and was not paid.
    Answer Applies to: California
    Replied: 6/7/2012
    Alvin Lundgren | Alvin Lundgren
    Yes you can include pay day loans in your bankruptcy in fact you should list all possible debts, even if you are not sure you owe money to a person/business.
    Answer Applies to: Utah
    Replied: 6/7/2012
    Weber & Phillips, P.A.
    Weber & Phillips, P.A. | John G. Phillips
    In most cases, payday loans are a dischargeable debt and they can be included in your bankruptcy. There can be some limited exceptions for loans taken out to soon prior to filing bankruptcy, but you can cover that with your attorney when you consult with them, which I would recommend that you do sooner than later to prevent consequences that you may still be able to avoid.
    Answer Applies to: Arkansas
    Replied: 6/7/2012
    Barbara Fontaine, Esquire | Barbara Fontaine
    A debt is a debt. There is no difference between a payday loan or a bank loan. They can certainly be debts in your bankruptcy.
    Answer Applies to: Rhode Island
    Replied: 6/7/2012
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    A bankruptcy certainly can cover payday loans. You will want to see a lawyer and do this right so you don't get bullied by the loan sharks in the payday loan companies when you file.
    Answer Applies to: Georgia
    Replied: 6/7/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    Usually they have 5 years from a default on a contract to sue you. Yes you can put payday loans in a bankruptcy. They probably could not get a final judgment against you for fraud. These calls would have to stop if you file bankruptcy, or they would be violating the federal automatic stay. There are a lot of people who have had financial problems, you are not alone, and Federal Law can protect you.
    Answer Applies to: Florida
    Replied: 6/7/2012
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    File and list the payday lenders. Put this mess behind you.
    Answer Applies to: California
    Replied: 6/7/2012
    Law Offices of Michael J. Berger
    Law Offices of Michael J. Berger | Michael J. Berger
    Yes, you can include payday loans in your bankruptcy schedules. You are required by law to list all of your debts in your bankruptcy schedules.
    Answer Applies to: California
    Replied: 6/7/2012
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    Yes payday loans can be included in your bk. payday loans, credit cards, personal loans etc are contracts. The statute of limitations is 4 years in California. So the creditor must sue you within 4 years from the date you breached the agreement by failing to pay.
    Answer Applies to: California
    Replied: 6/7/2012
    Law Office of D.L. Drain, P.A.
    Law Office of D.L. Drain, P.A. | Diane L. Drain
    Not only can you, but the law requires that you list all your debts, including pay day loans. Bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step. Most Arizona bankruptcy attorneys offer a free consultation about the basics of bankruptcy.
    Answer Applies to: Arizona
    Replied: 6/7/2012
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    Yes you can add pay day loans in a bankruptcy. Yes, some of them threaten fraud saying you took out the loan without an intention to repay. But most courts deny that claim as a pay day loan is by its nature a loan with someone with questionable ability to repay - which is why they get that type of loan and they know that when the loan is made. How long they have to sue you depends on the statute of limitations in the state where you reside.
    Answer Applies to: California
    Replied: 6/7/2012
    Salberg Murdock
    Salberg Murdock | Jeffrey D. Salberg
    Yes. Payday loans can be discharged in bankruptcy. An objection to discharge might be raised if the information you provided to get the loan, that was specifically relied upon by the lender, was knowingly false.
    Answer Applies to: Utah
    Replied: 6/7/2012
    Law Office of Pho Ethan Tran PLLC
    Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
    Yes. Your payday loans can also be included in your bankruptcy.
    Answer Applies to: Texas
    Replied: 6/7/2012
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    Yes, payday loans are dischargeable through bankruptcy.
    Answer Applies to: California
    Replied: 6/7/2012
    Dan Wilson Bankruptcy
    Dan Wilson Bankruptcy | Dan Wilson
    The pay day loan vultures are a real problem. You can discharge them in BK. They are lying about fraud charges.
    Answer Applies to: Colorado
    Replied: 6/7/2012
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    When you file bankruptcy you are required to list all assets and all debts. When you incur a debt less than 90 days prior to filing bankruptcy it is presumed that you didn't intend to pay it, which can result in an adversary proceeding (or lawsuit) in the bankruptcy court based on fraud. You probably will want to resolve this without waiting for a lawsuit to be filed against you.
    Answer Applies to: California
    Replied: 6/7/2012
    Steven Alpers | Steven Alpers
    I am unable to answer totally. Pay day loans can be included on a bankruptcy. The closer to filing may require repayment, normally, better if over 4 to 6 months old. If they report you to the police it could be either 1 year for a misdemeanor or 3 years for a felony for them to file. This may be illegal collection tactics. They must prove fraud, not simply failure to pay. The result could be from loss of job, medical problems or other unforseen problems major car problems. They would have to show intent to defraud, in other words that you knew that your could not repay when you took out the loan. This is a difficult standard to meet.
    Answer Applies to: California
    Replied: 6/7/2012
    Charles Schneider, P.C.
    Charles Schneider, P.C. | Charles J. Schneider
    Yes.
    Answer Applies to: Michigan
    Replied: 6/14/2013
    Debt Relief Law Center | Roger J. Bus
    Generally speaking, if you file a Chapter 7 on payday loans, and put stop payment on any post-dated checks written (and inform the payday lender the postdated checks are no good), the payday loans are Discharged in Chapter 7.
    Answer Applies to: Michigan
    Replied: 6/7/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    Yes, you can include payday loans in bankruptcy cases.
    Answer Applies to: California
    Replied: 6/7/2012
    Neuhaus Law Office
    Neuhaus Law Office | Gregory M. Neuhaus
    Yes, payday loans are almost always dischargeable in Bankruptcy.
    Answer Applies to: Nebraska
    Replied: 6/7/2012
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