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To learn how unsecured debt is paid through your Chapter 13 plan, see Unsecured Debt in Chapter 13: How Much Must You Pay?) Creditors Might Challenge the Discharge of Recent Payday Loans. If you last took out a payday loan or other cash advance within 70 to 90 days of filing bankruptcy, then that creditor may try to object to your discharge (this means it challenges your ability to wipe out the debt). It may argue that you took out the loan without richmond capital merchant cash advance intention of paying it back, and that you should not be allowed to discharge that debt in bankruptcy.
Indeed, there are rules that allow creditors to object to the discharge of certain debts that incurred right before filing bankruptcy. (Learn the details on rules about recent cash advances and debts in bankruptcy. ) Will the Payday Lender Win its Objection to Discharge.
Payday lenders that challenge the discharge of payday loan debt are often unsuccessful in bankruptcy court. This is because many bankruptcy courts do not look favorably upon payday lending practices and require the payday lender to prove that you acted with fraudulent intent.