Can you put a pay day loan on chapter 7? 35 Answers as of June 20, 2014

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Rhymer Law Firm
Rhymer Law Firm | William Rhymer
Yes. However if you gave them something for collateral you may have to still pay it or give them the collateral. It would be your choice.
Answer Applies to: Georgia
Replied: 6/20/2014
Joseph Lehn, Esq
Joseph Lehn, Esq | Lehn Law, PA
Yes. It can be listed on Schedule F of the petition.
Answer Applies to: Florida
Replied: 6/13/2014
The Orantes Law Firm
The Orantes Law Firm | Giovanni Orantes
Yes. It is best to file with an attorney experienced discharging such pay day loans because they are slippery, but it is possible.
Answer Applies to: California
Replied: 6/12/2014
Stephens Gourley & Bywater | David A. Stephens
Yes, although some of them are complicated by being secured.
Answer Applies to: Nevada
Replied: 6/11/2014
The Law Office of M Grater LLC
The Law Office of M Grater LLC | Mark O. Grater
All debts and loans are dischargeable in bankruptcy. However, there are various exceptions depending on the type of loan which you should always seek legal advice about. For example, any money borrowed within 90 days of filing bankruptcy gives the creditor the benefit of a presumption that you took out the loan with the intention of discharging it in bankruptcy.
Answer Applies to: Connecticut
Replied: 6/11/2014
    C Page Hamrick Attorney at Law | C Page Hamrick
    FOR WEST VIRGINIA ONLY: #1 You must list ALL your debts on your bankruptcy petition. #2 Bankruptcy law determines whether a debt is dischargeable or not, not the creditor. #3 Unless the pay day loan is secured by some security interest there is no apparent reason why it would not be dischargeable. Is there some fact you have not told us?
    Answer Applies to: West Virginia
    Replied: 6/11/2014
    EDWARD P RUSSELL | EDWARD P RUSSELL
    Yes, you must put all debts on the bankruptcy schedules and a pay day loan is dischargeable.
    Answer Applies to: Minnesota
    Replied: 6/11/2014
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Of course! The law requires you to list ALL of your debts.
    Answer Applies to: California
    Replied: 6/11/2014
    GARCIA & GONZALES, P.C.
    GARCIA & GONZALES, P.C. | Richard N. Gonzales
    Yes, of course you can put a pay day loan on chapter 7.
    Answer Applies to: Colorado
    Replied: 6/11/2014
    Idaho Bankruptcy Law | Paul Ross
    Yes, and you are required to. All creditors must be listed in the bankruptcy schedules.
    Answer Applies to: Idaho
    Replied: 6/11/2014
    Law Office of J. Thomas Black, P.C.
    Law Office of J. Thomas Black, P.C. | J. Thomas Black
    Absolutely. We discharge payday loans in chapter 7 and chapter 13 all the time. They are just as dischargeable in bankruptcy as any other general unsecured debt.
    Answer Applies to: Texas
    Replied: 6/11/2014
    Russell & Heffner, LLC | Lawrence E. Heffner, Jr.
    Unsecured payday loans are dischargeable in a Chapter 7 bankruptcy. Notwithstanding the above, please note, however, that debts incurred within 90 days of your bankruptcy filing that were for the purchase of luxury goods or services owed to a single creditor in excess of $650 are presumed to be nondischargeable. The same goes for cash advances that accumulate to $925 or more if made within 70 days of your filing.
    Answer Applies to: Maryland
    Replied: 6/11/2014
    Law Office of Stuart M. Nachbar, P.C.
    Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
    Yes it is possible to place a payday loan in a chapter 7.
    Answer Applies to: New Jersey
    Replied: 6/11/2014
    Patrick W. Currin, Attorney at Law | Patrick Currin
    Yes. The question of whether the loan was obtained via fraud is up to the lender to raise.
    Answer Applies to: California
    Replied: 6/11/2014
    Rosenberg & Press
    Rosenberg & Press | Max L. Rosenberg
    Yes, you can list a payday loan on your bankruptcy schedules, however you should realize that it will have little to no effect. Payday loans by their very nature are illegal. Filing bankruptcy to remove payday loans is like asking your mugger to put his gun away and leave you alone because you have diplomatic immunity. The mugger doesn't care. Worse than that, you have given over all of your personal information to some nameless people in some distant country. They have sold your information countless times and are very likely engaging in identity theft all over the world with your formerly good name. You would be well advised to consider checking your credit report regularly now and perhaps even putting a freeze on it. Some of the people that I have come in contact with recently that are con-artist/pay day loan people are O'Bannion and Water Arbitration and Private Courier. They use innocuous names like Patrick and claim to be working out of the Sears Tower in Chicago, but in reality these payday loan people are working out of their homes on burner cell phones in India and Asia. They will lie and tell you they are government agencies or even the police. They use fear and intimidation to steal your money. And many scared people willingly part with their money in hopes that they will go away. Unfortunately, they are like cats. If you put out a bowl of milk, the street cats will remember to come back time and time again looking for more. It just shows them you are an easy mark. The moral of this story is never under any circumstances take a payday loan. Half the time they do not send the money. When they do, they charge usurious illegal interest rates and they steal your identity and threaten you forever like a loan shark. They say you can't con an honest person, but its debatable when you look at the payday loan schemes.
    Answer Applies to: Connecticut
    Replied: 6/11/2014
    Garner Law Office
    Garner Law Office | Daniel Garner
    You must list all creditors to whom you owe money on the date of filing, regardless of whether you intend to repay them or not. If you borrowed the pay day loan within 90 days of filing bankruptcy, the creditor could challenge the discharge of that debt but often they don't bother, depending upon the amount at stake. If it was within 30 days of filing, I counsel people to plan on paying it back. If it was within 90 days and the creditor challenges it, I usually counsel people to settle it rather than fight it, because most people filing bankruptcy can't afford to litigate the dischargeability of a debt.
    Answer Applies to: Oregon
    Replied: 6/11/2014
    Kirby G. Moss PC | Kirby G. Moss
    Absolutely. Payday loans are simply promissory notes from a legal standpoint, not a bad check.
    Answer Applies to: Indiana
    Replied: 6/11/2014
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    Absolutely, but if you took out the loan less than 6 months ago, you may be vulnerable to a claim that the loan is not eligible to be discharged.
    Answer Applies to: Nevada
    Replied: 6/11/2014
    Michael B. McFarland, P.A. | Michael B. McFarland
    Generally, yes. In some places, though, there can be an issue regarding the check (if any) that was used to "secure" the loan. In Northern Idaho, the prosecuting attorney will not press charges in these cases - but that may not be the same in all jurisdictions. A question of good faith may also be a potential problem. It would be best to check with an experienced bankruptcy attorney in your area in advance of any bankruptcy filing.
    Answer Applies to: Idaho
    Replied: 6/11/2014
    Law Offices of Joseph A. Mannis
    Law Offices of Joseph A. Mannis | Todd Mannis
    Absolutely. And it couldn't happen to nicer people.
    Answer Applies to: California
    Replied: 6/11/2014
    Hayward, Parker, O'Leary & Pinsky, Esqs.
    Hayward, Parker, O'Leary & Pinsky, Esqs. | Michael O'Leary
    Pay day loans are dischargeable in Chapter 7.
    Answer Applies to: New York
    Replied: 6/11/2014
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    Yes, it is unsecured debt that is dischargeable like any other debts.
    Answer Applies to: New York
    Replied: 6/11/2014
    Moore Taylor Law Firm, P.A.
    Moore Taylor Law Firm, P.A. | Jane Downey
    Yes you can do that.
    Answer Applies to: South Carolina
    Replied: 6/11/2014
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    Yes you can but don't be surprised if you don't have a fight on your hands. The less than honest ones immediately submit your check to be cashed and either you end up with an empty bank account or they report you for writing a bad check.
    Answer Applies to: Michigan
    Replied: 6/11/2014
    Lynch Law Offices, P.C. | Roseanne N. Lynch
    Yes, it is an unsecured debt just like a credit card.
    Answer Applies to: Illinois
    Replied: 6/11/2014
    Law Offices of Eric W. I. Anglin
    Law Offices of Eric W. I. Anglin | Eric W. I. Anglin
    You can include pay day loans in your bankruptcy but if you took out the loan recently and it wasn't used for necessary expenses then you could have a fight with the creditor. Typically it would need to be for more than $600.00 within the past 70 days but if it was for necessary expenses (groceries, gas, etc) it would be dischargeable.
    Answer Applies to: Indiana
    Replied: 6/11/2014
    Law Offices of Daniel J Winter
    Law Offices of Daniel J Winter | Daniel J Winter
    Generally, yes; it is important to discuss your whole situation with a lawyer to see whether you qualify for Chapter 7 Bankruptcy and what your options are in bankruptcy.
    Answer Applies to: Illinois
    Replied: 6/11/2014
    David R. Fondren, Attorney at Law
    David R. Fondren, Attorney at Law | David R. Fondren
    Yes. If they are holding a check, you will need to close the account to avoid a bounced check fee or them getting the money after you file.
    Answer Applies to: Missouri
    Replied: 6/11/2014
    Berlin Patten, PLLC
    Berlin Patten, PLLC | Jessica Stewart
    Yes, a pay day loan can be included to be discharged in a Chapter 7 bankruptcy.
    Answer Applies to: Florida
    Replied: 6/11/2014
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