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Filing Chapter 7, can I add and discharge payday loans $300 x5 being renewed every other week and latest the week of filing?

Bakersfield, CA |
Filed under: Chapter 7 bankruptcy

will the payday company try to keep me from discharging the loans. I have been renewing them for 6 months now

Attorney Answers 5


  1. Yes. The problem will likely be getting a bankruptcy notice address from the payday loan place. Many of these rather shady operators, especially the ones who advertise on TV to go to such and such website, are offshore and hard to get addresses for. Nonetheless, in most jursdictions around the country, if you have a "no asset" case, the debt wil be discharged even if you cannot properly notice them. You should speak with an attorney near you about your situation and whether thses debts will be discharged.

    DISCLAIMER: This message is intended as a general discussion of legal issues and not as a statement of fact, legal advice or a legal opinion. No attorney-client relationship is created by this message. Do not act or rely upon law-related information in this communication without seeking the advice of an attorney licensed to practice in the relevant area. I am a Federally Designated Debt Relief Agency under the United States Bankruptcy Code. I proudly help people in financial need file bankruptcy cases. IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication (or in any attachment).


  2. They might. If you owe over $500 dollars to any single creditor, and the amount was used to buy a luxury, then the creditor can challenge the discharge of that loan.

    Matthew Johnson phone# 206.747.0313 is licensed in the State of Washington and performs bankruptcy, short sale negotiations, and estate planning in Whatcom, Skagit, Snohomish, King and Pierce counties. The response does not constitute specific legal advice, which would require a full inquiry by the attorney into the complete background of the facts and circumstances surrounding this matter; rather, it is intended to be general legal information based on the limited information provided by the inquirer; it This response also does not constitute the establishment of an attorney-client relationship, which can only be established after a conflict of interest evaluation is completed, your case is accepted, and a fee agreement is signed. Johnson Legal Group, PLLC


  3. You asked if the payday lenders will keep you from discharging the loans? The answer is almost certainly no. While creditors have a right to challenge a bankruptcy, the grounds to do so are very limited and the court fee is $293. I have never had a payday lender challenge a bankruptcy.

    Law Office of Michael J. Primus We are a debt relief agency and help people file for bankruptcy under the bankruptcy laws. We have offices in California only.


  4. Yes, payday loans are dischargeable in Chapter 7. Assuming you a planning on filing Chapter 7, be careful not to obtain anything else on credit and not to incur any new debts before you file the case.

    This post is for informational purposes only and is not specific legal advice for your matter. Please seek advice of an attorney for guidance in your specific legal matter.


  5. Yes, payday loans can be discharged in a Chapter 7 bankruptcy.

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