Legal Question in Bankruptcy in Missouri
I am filing for chapter 13 bankruptcy and have several payday loans online. If I close out my checking account to stop them from deducting ACH debits before I actually get my bankruptcy filed what will happen?
1 Answer from Attorneys
It depends on what form the "payday loans" are in. Is it in a signature form or a post-dated check? If it's in the form of a post-dated check that is never deposited so long as you make the payments, then it further depends on what county you are in and how the prosecutor of that particular county treats such loans. In the Kansas City area, one county refuses to prosecute such "bad checks", on the theory, I surmise, that these bloodsuckers don't need any encouragement. The adjacent county treats them like any other bad check. I urge you to confer with an attorney who is familiar with payday loans in your immediate area. You aren't necessarily looking for a bankruptcy attorney; a criminal lawyer may have better information about "what happens" when there is no formal legal bankruptcy protection.
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