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Here's the thing - Loans made within a short period (say a year or two, but certainly 90 days) of Bankruptcy generally aren't included, as they are considered taken in anticipation of BK, so you won't get relief. Payday loans are written in such a way that they actually renew every 30 days or so...and are entirely new loans...getting entirely new fee's etc. This is one of the main ways they get much higher than stated interest rates and these things can grow so large, so fast. Hence, they also really can't be discharged in BK. However, a number of Judges/Courts, because of the abusive nature of Payday loans (and bad press...actions to control them), are simply looking through that and allowing them based on the "original" date that started the daisy chain of loans. It just sort of depends on your presentation....and the specific court your in. Even where a judge does allow it...the loan company can and will protest...and they do have a good firm legal case....but hopefully this can at least be resolved favorably for you.
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Answer YES. Any debt can be included in a bankruptcy petition. It is up to the bankruptcy court to determine which debts will be allowed to stay in. … email@example.com
can you file student loans on bankruptcy no. But yes you do have to list them in your bankruptcy. And No they will not discharge the debt on them, if they are federal student… loans.
Can you include payday loans in Chapter 7 bankruptcy in California and if so how long do the loan have to be in default becfore you can include it?
yes you can aslong as it 's under $1150.00 if over need to wait 60 day !@!@!!
Yes. They may try and get out of it saying "you signed a form that says you can't file" or "we're exempt" or "you will still owe us", etc, etc.. its all a lie. Speak with an… attorney about your specific situation. If you can not find an attorney, contact your local Bar association and they will refer you to one. Ans Debts incurred within 90 days of filing BK are not dischargeable. Payday loans are written so they are "new" every 30 days are so. However...in reality the court normally allows them unless it can be shown you did it in anticipation of BK.
These debts can be a bit touchy...the problem is, a debt incurred within a few months of BK can't be included for discharge...and the way pay day loans are generally made, the…y actually are re-written every few weeks, so they are always new! On the other hand, many courts look past that (especially as they may already have collected a large amount of the loan), and will allow them. It just sort of depends. Certainly, like most things, they should be more acceptable as part of a C 13 than a C7.
BK is a Federal process, and while many FEDERAL district courts use definitions and rules that help facilitate things for the customs and laws of the areas they generally serv…e, most of the BK process is the same everywhere. These debts can be a bit touchy...the problem is, a debt incurred within a few months of, or anticipation of BK can't be included for discharge (Federal rules)...and the way pay day loans are generally made, they actually are re-written every few weeks, so they are always new! On the other hand, many courts look past that (especially as the lender may already have collected a large amount of the loan and these loans are considered almost predatory in nature), and will allow them. It just sort of depends. On you, your case and the court your in front of. Certainly, like most things, they should be more acceptable as part of a C 13 than a C7. Obviously, once filing a C13 you are prohibited from making any new ones of these (or any new debt)...and that would likely incur the rath of the court and maybe have your case dismissed.
Yes, in Florida at least. Payday loans are predicated on your ability to pay off a check that is being held by the lender (at a high rate of interest). You must be emplo…yed, a resident of the area, and be able to prove enough income. If the check bounces and your bank fails to cover the overdraft, they sic the bill collectors on you.
For each bankruptcy case, there is a judge who resolves to be presiding over the case. The judge will be one who settles on if the company case will be discharged or dismissed…. Bankruptcy is not carry out like any usual law cases. If the company which are filing, they do not need to be in attendance in front of the judge. The judge will reconsider all the documents and evidences accessible to him/her by the trustee and grant or reject you the bankruptcy discharge. The bankruptcy judge makes the last determination on your bankruptcy case even though the bankruptcy trustee can make proposal to the judge.
Payday loans can be put in chapter 7.
If you file BK, include EVERYTHING, especially unsecured debt. And whilee Pay Day type loans must be included, they may not be dischargeable.
Yes, they can be discharged. A chapter 13 may not be the best way to go, however. You should consider a chapter 7, if you qualify. Consult a local bankruptcy lawyer.