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Filing a bankruptcy

Submitted by kcooks3973 on Fri, 06/05/2009 - 10:47
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Hi- I would first like to say that I was in a total mess and once I found this site- I have been able to clear it up so thank you. I have a friend who also got into a payday loan mess and now really needs to file a bankruptcy to relieve herself of all her debt- she doesn't want to do it but its probably the best option for her right now. She told me that some of those payday loan contracts have something about not filing for bankruptcy as one of the clauses. She has paid so much interest on the loans and she needs to know if filing these companies on her bankruptcy will relieve her of this or is she in the position where she can't file them because of what is stated in the contract. Any advice would be appreciated, she is stressed out!


From what I understand (and please keep in mind, I am NO expert) but the only things that cannot be discharged by a bankruptcy are:
Taxes and tax liens
Student loans
Alimony and child support (domestic support obligations)
Debts obtained through fraud, false pretenses or false representation
Debts you failed to schedule in time to allow creditors to file proofs of claim (unscheduled debts)
Debts for fraud while you were acting in a fiduciary capacity, or for embezzlement or larceny
Debts for willful and malicious injury
Debts for fines or penalties to governmental units
Debts for judgments in wrongful death or personal injury lawsuits resulting from motor vehicle, vessel or aircraft accidents while you were intoxicated
Condominium or cooperative association fees or assessments

I think chapter 13 may be a bit different and this may not include everything, but all in all I cannot see any reason why a PDL cannot be included. I agree with the poster that said it is probably a clause just to scare people and has no legal merit.


Submitted by sixxgurl1982 on Mon, 06/08/2009 - 08:46

sixxgurl1982

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