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My question is, I know courts frown on new debt (less than 90 days before filing bankruptcy), are they going to put me in a fraud category. My intensions are to file Chapter 13 with 100 payoff, so I will include these loans in the payback, and not ask for any debt discharge.
I'm a little scared and only making some payments (like rent, car, food, utilities), so pretty much falling behind fast. I hope I won't go to jail for this. Thanks. Frank, in general courts don't care much about when you incur new debt unless the lender files a motion about it. Whether this lender would do that depends on their policy (which we don't know) and how long it would be between the loan and your filing. The motion would be to make that loan (or loans) non-dischargeable.
And no, you won't go do jail over it.
Fast Cash: How Taking Out a Payday Loan Could Land You in Jail. Payday loan companies have a new debt-collection tool: Texas courts and prosecutors. When Roger Tillman lost his job, he knew money would be tight.
But he never thought he could end up in jail for being broke. Tillmans job as a late-night security guard in Houston had paid 9 an hour, and by picking up extra shifts, Tillman could just afford rent, groceries and other bills.
But in 2008, amid the economic collapse, the security company scaled back overtime shifts, straining his finances. Worried that he couldnt pay his bills, Tillman reluctantly went to The Money Center, a payday loan company with locations in San Antonio and Houston.
He took out a 500 loan. The 64-year-old Houstonian doesnt recall the exact terms of the loan, but The Money Centers website currently offers a 500 loan at 650 percent annual interest, or about 150 in fees and interest for a personal loan for low income earners in chennai loan.