Rather than deal with the time, money, and risk of fighting a discharge objection by a payday lender, you may be able to avoid this problem by: waiting more than 90 days from your last payday loan advance before filing bankruptcy, or. filing Chapter 13 bankruptcy and paying the debt in through your plan.
Post-Dated Checks. If you gave the payday lender a post-dated check in exchange for the last advance prior to filing bankruptcy, the creditor may try to cash the check after you file bankruptcy.
If the payday lender cashes your post-dated check when it knows you are in bankruptcy, it may be violating the automatic stay. If this happens, the court may require that the lender return the funds to your bankruptcy trustee. (To find out more about the automatic stay and what happens if a creditor violates it, see cash loan with security Bankruptcy's Automatic Stay topic area.
) In addition, the payday lender may accuse you of writing a bad check and threaten to press criminal charges. If a payday lender does this to you, it may be in violation of various state and federal fair debt collection rules and other cash loan with security laws. This is in addition to violating the automatic stay.
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A recent paycheck stub or other proof of income The most recent checking account statement (account must be open 30 days) A personal check Valid driver's license or state-issued ID " Step 3 - Pick up your cash the very same day - no cash loan with security wait.
What to Bring to the Cash Store. Bring These Documents to Complete Your Application. A recent paycheck stub or other proof of income Social Security Benefits or Pension Benefits (statement of benefits or a bank statement showing direct deposit) Child Support (payment stub from a distributing agency or a bank statement showing direct deposit) " The most recent checking account statement (account must be open 30 days) A personal check Valid drivers license or state-issued ID.
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