Can pay day loans be included in bankruptcy? 31 Answers as of June 07, 2012

Can pay day loans be included in bankruptcy? My debts are mostly payday loans and local finance companies not credit cards.

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Debt Relief Law Center | Roger J. Bus
Yes, you can include payday loans.
Answer Applies to: Michigan
Replied: 6/7/2012
Twin City Attorneys, P.A. | Amy B. Norberg
Pay day loans can be included in your bankruptcy. There may be timing issues as to when you took out the loans and for how much.
Answer Applies to: Minnesota
Replied: 5/25/2012
Guerrieri & Cox
Guerrieri & Cox | Michael A. Cox
Payday loans can certainly be included in bankruptcy for a discharge, indeed you are required to include debt you owe. Care should be taken not to incur payday loans when you know you intend to discharge the loans in bankruptcy because by taking the loans you are making a representation that you will be paying back the loans. Loans taken before you formed the intention to file bankruptcy shouldn't be a problem for you if you intended to pay them back when they were incurred.
Answer Applies to: Ohio
Replied: 5/23/2012
Law Office of Susan G. Taylor
Law Office of Susan G. Taylor | Susan G. Taylor
Absolutely! Just keep in mind that cash advances within 90 days of filing bankruptcy are presumptively fraudulent. Consult an attorneyhe or she will advise you how to proceed as quickly as possible. In the meantime, don't believe anything the creditor says
Answer Applies to: Texas
Replied: 5/23/2012
AZ Law Group of Trezza & Associates
AZ Law Group of Trezza & Associates | Stephen Trezza
Yes payday loans are dischargable. If the lender has a lien on a vehicle then that lien would suvive the bankruptcy case.
Answer Applies to: Arizona
Replied: 5/23/2012
    Salberg Murdock
    Salberg Murdock | Jeffrey D. Salberg
    Yes, pay day loans can be discharged in Bankruptcy.
    Answer Applies to: Utah
    Replied: 5/23/2012
    The Law Office of Marvin Wolf
    The Law Office of Marvin Wolf | Marvin Wolf
    All debts are included in bankruptcy, including payday loans.
    Answer Applies to: New Jersey
    Replied: 5/23/2012
    Attorney At Law | Harry D. Roth
    Of course, yes. Payday loans are no different from other unsecured debt. Some of the payday lenders have made statements to past clients implying or even expressly telling them that these debts are non-dischargable or that failure to pay these debts is fraud. If you are being told this, please consider the source.
    Answer Applies to: California
    Replied: 5/23/2012
    Law Office of Kristen Allard Shier
    Law Office of Kristen Allard Shier | Kristen Allard Shier
    Payday loans are unsecured debt and they can be included in a bankruptcy. Some payday loan companies will go as far as including a paragraph in the payday loan contract that states that the debt is not dischargeable in bankruptcy, but the paragraph is unenforceable.
    Answer Applies to: Colorado
    Replied: 5/23/2012
    Alvin Lundgren | Alvin Lundgren
    Yes, and they can be discharged if there is no collateral associated with the loan, or if you are willing to give up the collateral.
    Answer Applies to: Utah
    Replied: 5/23/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    Yes, payday loans can be included in a bankruptcy.
    Answer Applies to: California
    Replied: 5/23/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    Yes pay day loans and local finance companies can be included in your bankruptcy. I was amazed at the amount of interest those places are legally allowed to charge.
    Answer Applies to: Florida
    Replied: 5/22/2012
    Neuhaus Law Office
    Neuhaus Law Office | Gregory M. Neuhaus
    Under almost all circumstances, Payday loans can be discharged in Chapter 7 Bankruptcy.
    Answer Applies to: Nebraska
    Replied: 5/22/2012
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    Yes, they can be included. They can be discharged unless the creditor files an Adversary Proceeding and can establish that you obtained or renewed any of them knowing you did not have the ability to pay them when done.
    Answer Applies to: California
    Replied: 5/22/2012
    Steven Harrell, Attorney at Law | Waymon Steven Harrell
    All debts must be listed on your schedules, without exception.
    Answer Applies to: Georgia
    Replied: 5/22/2012
    Shaw Legal Services
    Shaw Legal Services | Anne Shaw
    They can be included but there are a number of circumstances. Its best to contact a bankruptcy attorney.
    Answer Applies to: Illinois
    Replied: 5/22/2012
    Burton Green, Attorney | Burton Green
    All unsecured debts should be included in your bankruptcy. Pay day loans are probably unsecured loans and will be discharged just like other unsecured debt. However, if you have given any type of security agreement or lien on property for the loan, then while the debt will be included an discharged, you will still have to deal with the lien in order to retain your property.
    Answer Applies to: Florida
    Replied: 5/22/2012
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    YES.... done all the time. The law requires you to list all of your debts and ALL of your assets.
    Answer Applies to: California
    Replied: 5/22/2012
    Tony M. May Attorney At Law
    Tony M. May Attorney At Law | Tony M. May PC
    The answer to your question is yes, pay day loans can be included within a bankruptcy petition. In addition, if you qualify for and file a Chapter 7 Petition, all of your pay day loans should be discharged.
    Answer Applies to: Nevada
    Replied: 5/22/2012
    Law Office of D.L. Drain, P.A.
    Law Office of D.L. Drain, P.A. | Diane L. Drain
    The law requires that you list 100% of all your debts, including payday loans, plus 100% of all your assets. So the answer to your question is yes. Whether the payday loan companies have a right to argue that their debt should not be discharged is another discussion. Most consumer debtor attorneys offer free consultations. I recommend you take advantage of that option.
    Answer Applies to: Arizona
    Replied: 5/22/2012
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    Yes. Payday loans can be included in bankruptcy.
    Answer Applies to: California
    Replied: 5/22/2012
    Milton Acevedo, Esq.
    Milton Acevedo, Esq. | Milton Acevedo, Esq.
    Payday loans are generally dischargeable in a Chapter 7 Bankruptcy. There are certain stipulations that need to be met. Please contact an attorney of your choosing to discuss this matter further.
    Answer Applies to: Florida
    Replied: 5/22/2012
    Law Office of Asaph Abrams
    Law Office of Asaph Abrams | Asaph Abrams
    Payday loans are not given special protection from dischargeability. The nature and timing of incurrence are relevant in anticipating potential issues (as they are with all forms of debt). This answer (by San Diego bankruptcy attorney, Asaph Abrams) doesn't address all facts & implications of the question; it's general info, not legal advice to be relied upon. It creates no attorney-client relationship; it may be pertinent to CA and/or its Southern District Bankruptcy Court only, and it's independent of other answers. It may be time sensitive, as in past the "Use by" date: laws and case law change. Hire legal counsel before acting or refraining from bankruptcy/legal action.
    Answer Applies to: California
    Replied: 5/22/2012
    Michael Schwartz
    Michael Schwartz | Michael Schwartz
    Yes. Pay day loans can be included.
    Answer Applies to: New York
    Replied: 5/22/2012
    Braunstein Law, PC
    Braunstein Law, PC | Jacob Braunstein
    Pay day loans are dischargeable in bankruptcy. They are treated just like any other unsecured, non-priority debt, such as credit cards, medical bills or personal loans.
    Answer Applies to: Oregon
    Replied: 5/22/2012
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