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90 days to file??

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    90 days to file??

    Hello~

    Ok, so it has been since Dec/Jan since since I have used my credit cards.
    But recently (last one was April 6th) I took out a few pay day loans, and plan to include them in my BK.
    Do I have to wait the 90 days to file? or can I file sooner?
    I only ask cause I am sick of the calls I keep getting from the pay day people, on my cell, and most of all at work.

    Any help would be great!
    Thanks so much!

    #2
    I'm not sure where payday loans stand as far as cash advance or not. They'll sure have trouble claiming you didn't disclose you were in financial trouble prior to the transaction since every payday customer of a payday lender is in deep financial trouble.
    The big problem I see is, why file if you still can't support yourself? You aren't paying cc's and you still can't cover your expenses you have accomplished nothing. I'd wait and make sure you're on solid financial footing before filing.

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      #3
      Actually, after taking out those payday loans, I am pretty solid.
      I just needed the boost, being that I was out of job for 6 months, and had to adjust to the new job paying a lot less than my previous job.
      Thanks for the advice!

      Comment


        #4
        Payday loans

        We took out a payday advance the end of March and filed April 8th. My lawyer said let them fight for it like everyone else we filed on. They are the only ones we have that keep violating the stay, but the lawyer seemed to like it because now if the object we have something to hold against them. Anyways so far not a problem here.
        Filed Ch 7 - 04/08/2008 - Done
        341 continued 06/30/2008
        Last day for objections - 08/01/2008
        Discharged 08/13/2008

        Comment


          #5
          It is better to wait a little bit but if you can't you can't.
          May 31st, 2007: Petition Filed by my lawyer
          July 2nd, 2007: 341 Meeting Held
          September 4th, 2007: Discharged and Closed.

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            #6
            Thanks for all the advice!
            This site has been so helpful!
            It has been almost a month since I took out the last one.
            I meet with a lawyer for the first time next week. I will try to hold out as long as possible, but I just hate them calling my work. They just dont stop, and some of their messages its almost like they are threatening me.
            I just can't wait for this to be over with!! It will relieve so much stress!
            Thanks again!

            Comment


              #7
              Originally posted by keepmine View Post
              I'm not sure where payday loans stand as far as cash advance or not. They'll sure have trouble claiming you didn't disclose you were in financial trouble prior to the transaction since every payday customer of a payday lender is in deep financial trouble.
              The big problem I see is, why file if you still can't support yourself? You aren't paying cc's and you still can't cover your expenses you have accomplished nothing. I'd wait and make sure you're on solid financial footing before filing.
              Lol....I just had to chuckle....why would anyone get a payday loan if they WEREN'T in financial trouble??
              Chapter 7 Pro Se....Discharged Feb. 2006

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                #8
                Originally posted by cindylynnsmith View Post
                Lol....I just had to chuckle....why would anyone get a payday loan if they WEREN'T in financial trouble??
                who knows. maybe someone just had a whim to take out a payday loan??
                [Live link deleted by moderator]

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                  #9
                  Try to wait 70 days after the payday loan, if you can...
                  But if you can't you can't - but expect that you may have them object and you could end up paying like 50% back.
                  <<I am NOT an attorney, my comments are anecdotal only. Contact an attorney for advice>>
                  FINALLY DISCHARGED 92 DAYS AFTER THE 341! A NEW START!!!

                  Comment


                    #10
                    I just wonder how someone can take out a payday loan that is supposed to be paid with the next paycheck...I don't get the whole process. If you took it and then filed BK less then a month later, you may have a problem.
                    Filed: October 1, 2007 341: December 10, 2007
                    CONFIRMED: December 10, 2007
                    Payment: $825 / Mo. for 5 Years-29 MONTHS OF Pmts Down 23 to go!

                    Comment

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