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18 Aug Bankruptcy and Payday Advance Loans. Payday advance loans and payday lenders have an image problem, and in some states, a legal problemthey arent.
Legal, that is. Recent federal law caps the interest rates they can charge military personnel. Many states specifically regulate payday lenders; some outlaw them altogether. Others regulate interest rates, or have general regulations regarding taking a post-dated check, and excalibur cash advance length of time a check can be held.
But in states where such loans are legal, and largely unregulated, (like South Carolina) payday lenders are thriving, and they are an issue in many bankruptcy cases. For excalibur cash advance most part, payday loans arent treated any differently in bankruptcy than any other unsecured loan. The fact is that a post-dated check basically takes the place of a promissory note.
Many of my clients, however, worry that they will be arrested for passing a bad check, and many payday lenders encourage that belief.