Payday Loans-- on the application I stated I wasn't planning to file bankruptcy

[TonyPR]

Could this constitute fraud?

I owe about $1000 in payday loans to 4 different places. When I applied, I had to initial a box that indicated I was not in or planning to file bankruptcy. I have in fact paid places like Money Tree and Check n Go for several months, stuck in that "spiral" of "re-loaning" with them.

The Chapter 7 is for $28,000 credit card debt, but I also have $100,000 student loans which can't be discharged. So it would be very helpful if I could discharge the payday loans, but I am worried about having made that false statement on the payday loan applications.

Could this hinder my bankruptcy?

Thanks

[BassBoy]

When did you acquire the loan(s) and have you filed BK yet?

[rrockinggramma]

I included Check and Go and First Class Payday in my filing. And I initialed the same box. Neither protested.

[TonyPR]

I have not filed yet. I started taking payday loans about a year ago. I have borrowed every single month since then, sometimes "re-loaning" immediately, sometimes after several days. I took out the most recent loans at the beginning of this month.

[BassBoy]

If I recall correctly, charges or cash advances of over $1,000 made 60 days before a filing are not dischargeable. You may want to stop using the payday loans and attempt to pay whatever you can, to show good faith and the fact that you stated you would not be filing BK shouldn't be a problem. Besides, at the time, you did not intend to take out the loan and then file BK on it....so.....try not to sweat it too much.

I would suggest holding off filing BK for as long as possible. The longer you wait, the better.

[TonyPR]

Thanks for the advice.

To clarify, no single cash advance was for more than $1,000. The total is a little more than $1,000 from 3 different places.

From searching the boards, I thought I read that the trustee might view several consecutive payday loans from one location as a single loan. That is, I could maybe indicate the start date as a year ago, though I borrowed most recently about a month ago.

[HHM]

Keep in mind, the trustee does not care...but the creditor might.

Just list the debts in your BK as unsecured debts. You have to do that anyway...the chips will fall where they will fall. But I have yet to encounter anyone that has any trouble discharging pay day loans.