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Can payday loans be included in a bankruptcy?

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  • Can payday loans be included in a bankruptcy?

    Can \"payday loans\" be included in a bankruptcy? If so, can the payday loan companies be stopped immediately from taking collecting the money - either by taking it out of a checking account or by wage garnishment?

  • #2
    re: Can payday loans be included in a bankruptcy?

    Yes, they can be discharged.

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    • #3
      Re: Can payday loans be included in a bankruptcy?

      i am not sure but i think they can be...as one of my friend included his payday loans into dmp...so they can also be included into bankruptcy...
      Same day loans Australia - Get the cash you need today

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      • #4
        Re: Can payday loans be included in a bankruptcy?

        Generally unsecured debts such as payday loans may be discharged in a bankruptcy. The only reason why it may be nondischargeable is gnerally if it involves some level of fraud of misrepresentation for which the creditor brings an adversary proceeding in your bankruptcy case. The following gives you a list of items that are considered nondischargeable in US Federal bankruptcy cases:

        Non-Dischargeable Debts in Bankruptcy- Debts You Can't Eliminate

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        • #5
          Re: Can payday loans be included in a bankruptcy?

          yes, payday loans may be discharged in a bankruptcy but may be nonchargeable if it involves some level of fraud of misrepresentation for which the creditor brings an adversary proceeding in your bankruptcy case.

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          • #6
            Re: Can payday loans be included in a bankruptcy?

            A payday loan is a lot like an unsecured loan. You are not securing it with any of your assets; all you are doing is taking out a small amount of money and then repaying it when the time is right. Of course, the window for payment is much smaller then your typical unsecured loan. On average a payday loan comes due every two weeks.

            Bankruptcy is a means by where all your debts are forgiven if you cannot pay back. But it is not as simple as that. It is not a quick and easy way out. You do not want to apply for 50 payday loans, not pay them off then declare for bankruptcy. When you declare for bankruptcy you forfeit your right to credit for the next seven years. You also may lose some assets in the process. Basically, your financial life is destroyed for a window of time, during which you will have trouble getting loans. Payday loans can be included in this process. Of course you need to pay attention to the type of bankruptcy you need to follow, and you need to follow your state laws. If your payday loan was too much too handle then it can be included on a bankruptcy, provided your state allows for it. For further information, you ask advice from our legal counsel Cincinnati bankruptcy lawyer.

            http://www.bankruptcyattorneyincincinnati.com

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            • #7
              Chapter 13 Bankruptcy Lawyer

              Yes, I think pay-day loans can be included in a bankruptcy.

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              • #8
                Re: Can payday loans be included in a bankruptcy?

                Absolutely they can be included. Excessive use of payday loans can drive one to bankruptcy. They should be at the top of the creditors list. Chapter 7, wipeout, clean slate bankruptcies have become harder to come by since the change of the bankruptcy laws a decade ago the courts now preferring to work out 5-year repayment plans if the person has any assets and a source of steady income.

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                • #9
                  Re: Can payday loans be included in a bankruptcy?

                  The payday loan company can answer that questions. As far as i know there are a few general requirements that almost all payday lenders have before payday loans are allowed.

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                  • #10
                    Re: Can payday loans be included in a bankruptcy?

                    The foregoing banned user may have been banned for irrelevant and grossly erroneous answers like the one above.

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                    • #11
                      Re: Can payday loans be included in a bankruptcy?

                      When considering payday loans it’s always worth looking at..., as a lot of people find that it can save them a lot of time and even money when things are tight... A pay day loan (also called a paycheck advance) is a small, short-term loan that is intended to cover a borrower's expenses until his or her next payday.

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                      • #12
                        Re: Can payday loans be included in a bankruptcy?

                        Bankruptcy is a means by where all your debts are forgiven if you cannot pay back. But it is not as simple as that. It is not a quick and easy way out. You do not want to apply for 50 payday loans, not pay them off then declare for bankruptcy.In bankruptcy all your unsecured debts are included, the payday loans will be a part of the bankruptcy as well. Once the debts are discharged, usually in 12 months, you will be starting out fresh.

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                        • #13
                          Re: Can payday loans be included in a bankruptcy?

                          Originally posted by Kushner View Post
                          Bankruptcy is a means by where all your debts are forgiven if you cannot pay back. But it is not as simple as that. It is not a quick and easy way out. You do not want to apply for 50 payday loans, not pay them off then declare for bankruptcy.In bankruptcy all your unsecured debts are included, the payday loans will be a part of the bankruptcy as well. Once the debts are discharged, usually in 12 months, you will be starting out fresh.
                          Is this true? And when you applied again for another payday loan, the discharged debt will not get back to you? Payday loan can be a really good help especially for emergency situations. Like in my case, I used the payday loan for the funeral expenses of a died loved one.

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                          • #14
                            Re: Can payday loans be included in a bankruptcy?

                            I really am not trying to spam but I just wrote a blog that explains all of the information you are looking for perhaps this can answer your questions. ---- Does bankruptcy Discharge Payday Loans?

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                            • #15
                              Re: Can payday loans be included in a bankruptcy?

                              Yes, you can include payday loans in a bankruptcy filing as payday loans are usually an unsecured debt, which is a type of debt that bankruptcy specifically targets. You can consult your local bankruptcy attorney near you.

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