Payday Loan not included in Ch. 13 plan

[greenthinker]

At the time that I filed Ch. 13, I owed $420 on a payday loan. (I know...bad decision, and not a mistake that I'll ever repeat!) I disclosed this debt to my attorney along with all of the others, but somehow this debt was overlooked and never listed in the plan. As a result, I'm concerned that they can come after me for this debt after my bk is discharged in a little less than 3 years. Is there anything that I can do about this now? Any advice would be appreciated!

[bam531]

We had 4 of the "Payday Loans" that we turned in..none of those were included in our plan..we were told they were not " secured loans" and that is why they were not included. The only thing we were told was to change bank accounts...that way they could not collect . We have since been discharged and have not heard anything from the payday loan places... If you are not sure.. please contact your attorney.. ( different states may have different rules) they may be able to explain the reason.

[sophieanne]

Hi..i'm also from Washington state and I think you should speak to your lawyer. I had 1 payday loan and it is included in the plan and they did claim. Good luck.

[keepsmiling]

I believe that they are illegal in some places and therefore just go kind of go away in a BK. But do ask your lawyer.

[sophieanne]

I believe that they are illegal in some places and therefore just go kind of go away in a BK. But do ask your lawyer.

Just a note...Payday loans are NOT illegal in Washington state. They are government regulated.

[frogger]

Were the lenders listed as a creditor when you filed?

[greenthinker]

The payday loan lender was not listed as a creditor, and that's what I'm worried about. So, as the others have advised, I will consult my attorney. Thanks!

[frogger]

Have your attorney add them as a creditor.

[greenthinker]

Will do. Thanks everyone for your replies!