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Illegal payday loans and bankruptcy

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    Illegal payday loans and bankruptcy

    I meant to include this in a recent post I made but I completely forgot to. I'm getting ready to file chapter7 bankruptcy.. After I hire an attorney. I took out a couple payday loans about a year ago that I have paid towards. I recently found out those loan companies are illegal in my state. I've paid what I borrowed, plus some, however I'm wondering if I include those debts as owed creditors in my list. The companies claim I still owe them money and harass my employer.

    #2
    Depending on how much you owe them it may be less trouble to pay them. If it is a significant amount, and since they are illegal you have no obligation to pay them at all. If you had a contract, it would be set aside in Court. If you are in debt with them and they are illegal, you still consider them a debt. The legality is not upon you, it is upon them. They will be discharged as any unsecured debt. You did NOT give them a car title or any other security did you? 'Hub
    If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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      #3
      When you file bk, you have no choice but to list them. You MUST list each and every debt that you owe. The debt should be dischargeable.
      All information contained in this post is for informational and amusement purposes only.
      Bankruptcy is a process, not an event.......

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        #4
        Originally posted by frogger View Post
        When you file bk, you have no choice but to list them. You MUST list each and every debt that you owe. The debt should be dischargeable.
        Frogger, what are you doing up so early? How be you?
        If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

        Comment


          #5
          Originally posted by AngelinaCatHub View Post
          Frogger, what are you doing up so early? How be you?
          Had to get up and wake the chickens up so the rooster would know to crow this morning. Doing very well my friend. Hope you are as well.
          All information contained in this post is for informational and amusement purposes only.
          Bankruptcy is a process, not an event.......

          Comment


            #6
            Thank you guys for your responses. I thought I included them, but I wanted to make sure. I didn't want to list them and go to the lawyer and they be like, "why did you list these?" and look dumb.

            Originally posted by AngelinaCatHub View Post
            Depending on how much you owe them it may be less trouble to pay them. If it is a significant amount, and since they are illegal you have no obligation to pay them at all. If you had a contract, it would be set aside in Court. If you are in debt with them and they are illegal, you still consider them a debt. The legality is not upon you, it is upon them. They will be discharged as any unsecured debt. You did NOT give them a car title or any other security did you? 'Hub
            I took out a loan for $300. I never actually signed any sort of contract, they just deposited the money into my account. I paid them back $360 and closed my bank account. They claim I still owe them $510 on a $300 loan. They've been harassing my employer.

            I did not give them any sort of collateral such as a car title or other security. This is an unsecured payday loan.

            Comment


              #7
              Originally posted by zactak View Post
              Thank you guys for your responses. I thought I included them, but I wanted to make sure. I didn't want to list them and go to the lawyer and they be like, "why did you list these?" and look dumb.



              I took out a loan for $300. I never actually signed any sort of contract, they just deposited the money into my account. I paid them back $360 and closed my bank account. They claim I still owe them $510 on a $300 loan. They've been harassing my employer.

              I did not give them any sort of collateral such as a car title or other security. This is an unsecured payday loan.
              Payday loan god says: When my son sins, may he pound sand.

              Tell them (or better write them a C & D letter) that they are full of stit. 'Hub
              Last edited by AngelinaCatHub; 09-06-2011, 05:33 PM.
              If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

              Comment

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