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Re: Payday Advance Loans included in BK?


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Posted by Advocate (65.161.188.11) on June 29, 2004 at 13:01:16:

In Reply to: Payday Advance Loans included in BK? posted by RobMan on June 29, 2004 at 11:59:10:

Unless I'm misunderstanding this, it seems like you are connecting the payday loan you received with personal checks you wrote.

Let's take the "Payday loan" out of the picture for a moment, and ask the questions:

1. Did you write personal checks from your bank account which bounced because of insufficient funds?
2. Did you know the checks would bounce?
3. Did you call everyone you wrote a check to, and tell them in advance that the check might bounce?

As you said above, if you didn't post-date the check, and the company you sent it to did not know it would bounce, then yes, it seems like you are on the hook for breaking the law.

It is doubtful that criminal charges will come of this, but it is possible. It will probably just be a civil matter, unless someone wants to connect the dots for all your bads checks, and show a pattern of behavior.

Just file BK. I'm sure that you can include the payday loans, but talk to your BK attorney about it.


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