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    SmithTM's Avatar
    SmithTM Posts: 1, Reputation: 1
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    #1

    May 22, 2008, 10:54 AM
    Pay Day Loans and Bankruptcy
    I have multiple payday loans out that are defaulted. I recently spent 30 days in an inpatient treatment for compulsive gambling addiction. I lost my job as a consequence of my gambling, so I am unemployed. I am also not eligible for unemployment even though it is considered a medical condition. I am married, however my husband was totally unaware of these loans until I went into treatment. They were in my name only. They were to be deducted from a bank account that was also only in my name and is now closed. I am considering filing bankruptcy and wondering a couple of things. Can I file without my husband being on the bankruptcy? Can I file on payday loans? There was never any checks written, it was all on line. Also there was a cash advance from my bank that is still unpaid. Can I list that also when I file bankruptcy? Thank you for your help.
    progunr's Avatar
    progunr Posts: 1,971, Reputation: 288
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    #2

    May 22, 2008, 11:09 AM
    Most of the items you mention could be discharged in bankruptcy.

    You can file without the husband, as long as every account is in your name only.

    You will be required to list ALL your debts, even the ones that could be in both names, and those debts will be notified of the bankruptcy and that information would effect both of your credit reports and scores.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    May 22, 2008, 11:32 AM
    Quote Originally Posted by progunr
    Most of the items you mention could be discharged in bankruptcy.

    You can file without the husband, as long as every account is in your name only.

    You will be required to list ALL your debts, even the ones that could be in both names, and those debts will be notified of the bankruptcy and that information would effect both of your credit reports and scores.


    Progunr doesn't need me to verify a correct answer but this is 100% on target.

    The only thing I would add is to make certain the credit bureau picks up the bankruptcy correctly - my ex-husband filed years after we were divorced and somehow it got picked up on my credit reports. Wasn't terribly complicated once I was made aware and provided documentation that I didn't know about it, had no part, didn't benefit - in fact, I didn't know where he was and he owes ME money which he didn't even list!

    Your husband needs to run his credit report when it's all over to make sure his is correct.

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