Can you file bankruptcy on Payday Loans?
Wednesday, November 3rd, 2010Are you planning to file for bankruptcy? Are you are thinking whether you can include your outstanding payday loans in your bankruptcy filing? If so, then here is the solution you are looking for.
You can discharge these loans via bankruptcy with the help of bankruptcy attorneys too, but you need to know the specifications regarding the case. The discharge ability of your debt to a payday lender depends upon the decision of the judge in your bankruptcy hearing. If the decision is in your favor, you can easily file bankruptcy on payday loans. However there are a few things that you need to know regarding these aspects:
- You need to provide a postdated check for the amount borrowed plus a borrowing fee when you apply for a payday loan. You can have two options when you get paid. You can either opt for the company to cash the check or you can select a payday loan that will be extended to your next payday. If you stretch your payday loan for a longer period, you will accrue more fees on the account.
- Based on the type of bankruptcy you are eligible to file, you can have the majority of your debts discharged. If your assets are too high, the court will ask you repay your debts using a court-structured repayment plan. You can try including payday loans in any type of personal bankruptcy filing. It depends on the payday loan company to decide if they can be discharged. If the payday loan company has any objection to the loan’s inclusion then you can have problems regarding the discharge.
- Payday loans are backed by a personal check, filing bankruptcy can be a risky process. The check can be immediately taken by the payday lender so they can get back as much money as possible before the bankruptcy hearing. If you are responsible for any overdraft fees that have resulted from the cashed check, you will not be able to make payments on debts like the mortgage you would like to keep.
However it should be kept in mind that bankruptcy should be considered as the last resort. It can get you out of your financial crisis but it can also ruin your credit score to a great extent. Though you can opt for bankruptcy as an option, but if there are chances try taking out a secured loan to pay off your debts. File bankruptcy only when all other options have failed.
Author Bio:
Kevin Craig is a financial writer associated with Oak View Law Group Blog. He has helped many debt burden people to get out of debt by proper financial advice.
