Chapter 13 and illegal payday loans
Date: Sat, 08/18/2012 - 08:09
Chapter 13 and illegal payday loans
Logically, I question this--as I havent heard a word from many of them since I closed my bank account 4 months ago. And I know they cannot legally get money.
But, my question is this..Has anyone included illegal lenders in your list of lenders..and have they responded? And did you have an opportunity to dispute the amounts owed?
I am in Ohio and will be in a 100% plan.
Act as per the advice of your lawyer. List the name of the illeg
Act as per the advice of your lawyer. List the name of the illegal payday loan lenders. Some illegal lenders may give a response to you.
Chapter 13 and illegal payday loans
Yes, illegal (fraudulent/scam) lenders have been listed on many petitions. No, they don't normally respond. You could dispute the amount but you will need your original loan/Payday documentation to dispute it. Your attorney would just file an objection to the lender claim.
Even if your plan is a 100% payout, you ONLY pay for the claims that the lenders file. So...if the fraudulent companies never file a proof of claim in your case (claiming the amount they can prove you owe) you will not have to pay them. Make sure that your attorney can provide proof of service on the lenders and this way they will be discharged in the bankruptcy after you've made all of your payments even if they didn't file a claim.
Hope this helps!