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

Asked almost 2 years ago - Bakersfield, CA

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. Michael John Primus


    Contributor Level 13


    Lawyers agree

    Answered . 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... more
  2. Derek R. Caldwell


    Contributor Level 19


    Lawyers agree

    Answered . 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... more
  3. Matthew Erik Johnson

    Contributor Level 17


    Lawyers agree

    Answered . 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... more
  4. Navid Kohan

    Contributor Level 7


    Lawyers agree

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

  5. Michael Frank Chekian

    Contributor Level 10


    Lawyers agree

    Answered . 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... more

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