i was wondering if anyone can tell me what they can do if you cannot pay the loan back and you call them to make a payment arrangement and they refuse partial payment? we filed for bankruptcy which was discharged last month and were wrongly told we could not put it on there, my husband recently was laid off and we called to let them know and they said they would deposit the check anyway(knowing the money is not there) we tried to work it so we could give them some money each pay untill it's paid but they refused. so now what? I am not worried about the bank as my account has been recently closed with the bankruptcy, but the loan place won't take my offer to repay as best as we can. so what happens now? should i wait for them to turn it into collections or what? will collections take a partial payment plan? any help would be greatly appreciated! thanks
Just one opinion but you may want to consult with your BK attorney regarding this matter. There could possibly be wider ramifications if the payday loan deposits a check with NSF and a closed account. Call your attorney.
consult him for what? it's too late to add the loan to my bankruptcy, and i have consulted with several experts on the legal ramifications of this matter and was told there can be no criminal charges as this is a civil matter. was i misled?
Yes, the attorney was wrong. If this is prepetion debt and you live in a district that considers debts not included in the bk as discharged, you're off the hook. If not, you may reopen the bk and include the creditor. http://www.usdoj.gov/ust/press/articles/abi012001.htm
well i live in ohio, and this loan was owed before my bankruptcy, but i kept renewing it because i was told they would press charges for check fraud if i didn't pay it. Can i still reopen my bankruptcy and include it?
Were I you, I'd talk with another bk attorney to get the state of the law in your district on debts not included in the bk.
