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Nevertheless, there is a risk of losing your discharge if a payday lender can prove its case. 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 cash advance south point ohio file bankruptcy. If the payday lender cash america pawn online loan 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 our 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 consumer laws.