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However, a discharge can be denied in rare circumstances for issues involving fraud or bad faith, as it is termed by the Code. Individual debts which are otherwise dischargeable can be determined to be non-dischargeable if some bad faith or fraud was involved in the incurring of the debt. Debts incurred within the 90 days prior to the filing of a bankruptcy petition carry a presumption of bad faith, which must be overcome if the creditor files an adversary proceeding (lawsuit) within your bankruptcy case seeking to have the debt declared to be non-dischargeable.
However, a dischargeable debt is discharged unless a creditor files such a lawsuit. Payday lenders, located god knows where and personal payday cash loans to victimize consumers outside of the scrutiny of judicial authorities, are not likely to show up in your local bankruptcy court to file such a lawsuit.
But, if you find yourself with a snowballing payday loan debt and needing to seek protection in a Chapter 7 or Chapter 13 bankruptcy, and need to do so within 90 days of the date you incurred the debt, it could happen. The post-dated checks present the further issue personal payday cash loans when the individual debt incurred actually occurred: the date of the original loan, the date of the default, the date the bank charged you overdraft fees, and so on.
Such loans are not a long-term financial solution. Persons facing serious financial difficulties should consider other alternatives or should seek out professional financial advice. This website is not an offer to lend. WhiteRockLoans. com is not a lender and does not make loan or credit decisions. WhiteRockLoans. com connects interested persons with a lender from its network of approved lenders. WhiteRockLoans.
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