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Sep 28, 2017 - 34 minute read

Supreme court rulling n merchant cash advance interest

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Supreme court rulling n merchant cash advance interest

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Supreme court rulling n merchant cash advance interest

Finally, a further potential complication is raised by the fact that payday lenders generally require payment of their loans within 2 weeks, with compounding fees and interest-rates for failures to timely repay. You are entitled to a discharge of your debts under the Bankruptcy Supreme court rulling n merchant cash advance interest and the US Constitution.

However, a discharge can be denied in rare circumstances for issues involving fraud or bad faith, as it is termed by the Code. Individual debts which are otherwise dischargeable can be determined to be non-dischargeable if some bad faith or fraud was involved in the incurring of the debt. Debts incurred within the 90 days prior to the filing of a bankruptcy petition carry a presumption of bad faith, which must be overcome if the creditor files an adversary proceeding (lawsuit) within your bankruptcy case seeking to have the debt declared to be non-dischargeable.

However, a dischargeable debt is discharged unless a creditor files such a lawsuit.

Supreme court rulling n merchant cash advance interest
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