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Ellen
Ellen, Attorney
Category: Bankruptcy Law
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Experience:  Bankruptcy Lawyer. Experienced.
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In Maryland I accepted a pay day advance loan in the amount

Resolved Question:

In Maryland I accepted a pay day advance loan in the amount of $500 for which they held my personal check in the amount of $556. When they presented my check to my bank it was returned for NSF. The turned it over to a collection angency which contines to treaten me with arrest for a "bad-check" I have already made $550 to this collection angeny and fully intend to pay the entire amont off. Even though the face value of my check is $556, they are demanding double the check value plus $30. I recently filed chapter 13 in VA, where I live and both the cash advance co. and collection agency is listed in the chapter 13. I guess my mian question is, as long as I'm attempting to make these payment, can the collection agency take me to court, and if I have made enough paymentys to cover the face value of the original check, is it still a "bad-check" volation.
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 8 years ago.

Hello,


Thank you for your question. I am happy to assist you.


Provided that you properly list the debt in the Chapter 13, the creditor cannot take any action against you without the permission of the bankruptcy court.

The creditor would need to file a motion for relief from automatic stay to pursue an action against you. The bankruptcy court typically would not grant a motion for relief from stay in this situation.

I hope that the information which I provided was helpful to you.


Best wishes for a successful outcome. If you have additional questions, please do not hesitate to submit them to me directly.


Thank you,
FLAandNYLAWYER


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