How do I have to wait to file bankruptcy

Asked 10 months ago - Baltimore, MD

I have two payday loans that are two weeks old, each loan is $500.00. It was a big mistake due to me having problems paying my bills.

Attorney answers (3)

  1. Daniel Mark Press

    Pro

    Contributor Level 14

    1

    Lawyer agrees

    Answered . No, probably not. Payday loans are illegal in MD, so the chance they will pursue you for any fraud claim is slim. But discuss the circumstances in detail with your lawyer (and don't try to file bankruptcy without a lawyer).

  2. Dwayne M Farnsworth

    Contributor Level 14

    1

    Lawyer agrees

    Answered . Wait from when? From the time that you took the loans out? If you took out the loans from the same place, bankruptcy code section 523(2)(C)(ii) reads: (II) cash advances aggregating more than $750 that are extensions of consumer credit under an open end credit plan obtained by an individual debtor on or within 70 days before the order for relief under this title, are presumed to be nondischargeable; and --- this is the closest thing that comes to some sort of a limitation of a discharge for cash advances. Your payday loans are not "open end credit", so not even does this provision of the code keep you from filing bankruptcy at this time. However, please don't file for bankruptcy if these two $500 payday loans are your only reason to file. There are other options, including negotiating a payment arrangement on the outstanding debt. Meet with an experienced bankruptcy attorney in your area. They will usually offer a free consultation, and some solid local counsel on your particular financial problem. Good Luck!

  3. Michael Glynn Busby Jr.

    Pro

    Contributor Level 19

    Answered . You should ask your attorney this question. If you do not have attorney, consider hiring one

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