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Payday loans and chapter 7

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    Payday loans and chapter 7

    I am going to be filing soon I hope. I stopped paying most bills except the car and stupid payday loan. They take it out of my account biweekly so I have no choice really. I took the payday loan in Nov because I had to pay of another payday loan. Is this going to look bad in a chapter 7. My payday loan drama began a yr ago and def helped cause me to be facing chapter 7 now. Should I try to pay off the payday loan before filing? Could it be included in the chapter 7?

    #2
    It can and should be included in the BK. If you can, you should open a new account and then close the account that they are auto-drafting. That way you can stop paying them now and include them in your BK.
    Filed Ch. 7 Pro Se: 12/11/08
    341 Meeting: 1/7/09
    Trustee's Report of No Distribution: 1/9/09
    Discharged: 3/10/09

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      #3
      Originally posted by jennordhavn View Post
      It can and should be included in the BK. If you can, you should open a new account and then close the account that they are auto-drafting. That way you can stop paying them now and include them in your BK.
      I agree, close the account ;)
      May 2008 Hired 1st Attorney/Stopped paying CCs
      May 21, 2009 Retained 2nd Attorney
      May 28th - Filed for Ch 7 (FINALLY!)
      9/11/09 - DISCHARGED!!!!

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        #4
        I know exactly how you feel with the payday loan mess. I was once wrapped up in that vicious cycle also. I included several storefront and online payday loans in my Ch 13. Are your payday loans storefront or online ones? I agree with the others about closing the account the payday loans are withdrawing from. Even if you revoke their authorization to withdraw from your account, they will still do it. At least, that's what they did to me.
        Filed: 5/22/07; 341 Hearing: 6/27/07;
        Confirmed: 8/13/07; DISCHARGED 4/17/2012

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          #5
          Definitely close the account and open up a new checking at a different bank. And make sure you don't file for at least 90 days after the last loan you took. AND stop paying! Good luck.
          Filed Chapter 7 Pro-Se May 29, 2008
          341 July 1, 2008
          Discharged September 4, 2008
          Closed November 10, 2008 :-)

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            #6
            Originally posted by danaf View Post
            Definitely close the account and open up a new checking at a different bank. And make sure you don't file for at least 90 days after the last loan you took. AND stop paying! Good luck.
            I DEFINITELY AGREE!! Oh my gosh--here's the thing, I've never even HAD a payday loan but our ph# is somehow linked to someone who has, and we get calls at all these crazy hours (6am, 9pm on Sundays) from these places with threats, etc...I've even called them back and told them we aren't the right people yet they still call to harass...they must be the most agressive, annoying people on the planet... Good luck to you!!!

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