Jones initially obtained her loan by writing Cash Plus a check for 271. 91 personal loan after chapter 13 discharge the full amount of the loan plus interest and fees -- with the understanding that the check was not to be cashed unless she failed to make her payments. The next month, when the loan came due, Jones didnt have the money to pay in full.
She made a partial payment, rolling over the loan for another month and asking if she could create a payment plan to pay back the remainder. But Jones told HuffPost that CashPlus rejected her request and instead deposited her initial check. Jones' check to Cash Plus was returned with a notice that her bank account had been closed.
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If you gave the payday lender a post-dated check in exchange for the last advance prior to filing bankruptcy, the creditor may try to cash the check after you file bankruptcy.
If the payday lender cashes your post-dated check when it knows you are in bankruptcy, it may be violating the automatic stay. If this happens, the court may require that the lender return the funds personal loan after chapter 13 discharge your bankruptcy trustee.
(To find out more about the automatic stay and what happens if a creditor violates it, see our Bankruptcy's Automatic Stay topic area. ) In addition, the payday lender may accuse you of writing a bad check and threaten to press criminal charges. If a payday lender does this to you, it may be in violation of various state and federal fair debt collection rules and other consumer laws.
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