[gina1959]

I have a pay day loan 1month old can I file it on my bankruptcy

[Fr_Chuck]

Is this a brand new bankruptcy ? You are not talking about one, that you already have started.

The issues are many, they will try to claim you planned not paying, since you are filing so soon after taking the loan, so they may ask to be exempt and you would still owe.

You can not add them to a existing one, in fact you can not legally even get a new loan after you already filed into a bankruptcy. Normally.

So much more details about bankruptcy, and more is needed

[AK lawyer]

To answer the question, if you have not yet filed bankruptcy, not only can you declare it when you file, you must declare it.

Whether it can be discharged is another matter. But, unlike Fr_Chuck, I don't see a particular problem with the dischargeability of a payday loan.

[gina1959]

I haven't filed bankruptcy yet. I have been thinking about it. Sooo much debt. Some one told me if you have loans or credit cards or credit less than 6months they can't be discharge in bankruptcy. I was just wondering.

[AK lawyer]

I haven't filed bankruptcy yet. I have been thinking about it. sooo much debt. some one told me if you have loans or credit cards or credit less than 6months they can't be discharge in bankruptcy. I was just wondering.

Bankruptcy discharges are governed by this federal statute.

"11 USC § 523 - Exceptions to discharge
...
(a)A discharge under section 727, 1141, 1228(a), 1228(b), or 1328(b) of this title does not discharge an individual debtor from any debt—
...
2)for money, property, services, or an extension, renewal, or refinancing of credit, to the extent obtained by—
(A)false pretenses, a false representation, or actual fraud, other than a statement respecting the debtor’s or an insider’s financial condition;
...
(C)
(i)for purposes of subparagraph (A)—
(I)consumer debts owed to a single creditor and aggregating more than $500 for luxury goods or services incurred by an individual debtor on or within 90 days before the order for relief under this title are presumed to be nondischargeable; and

(II)cash advances aggregating more than $750 that are extensions of consumer credit under an open end credit plan obtained by an individual debtor on or within 70 days before the order for relief under this title, are presumed to be nondischargeable ...
..."

As I said, I don't think this would apply, but it would seem to me to be the most applicable.