I just took out pay day loans. Should I wait 90 days to file?

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In a Nutshell

It is a good idea to wait at least 90 days to file after taking out payday loans or making any substantial purchases. This is because these types of transactions can make a trustee or judge suspicious and less likely to approve your bankruptcy. It looks like you are "cheating" - wracking up debt knowing that you could just get rid of it in bankruptcy right after.

Written by Attorney Jonathan Petts.  
Updated July 22, 2020


It is a good idea to wait at least 90 days to file after taking out payday loans or making any substantial purchases. This is because these types of transactions can make a trustee or judge suspicious and less likely to approve your bankruptcy. It looks like you are "cheating" - wracking up debt knowing that you could just get rid of it in bankruptcy right after.

You do not NEED to wait to file, though. If you are able to explain the cash advance or transaction, and if you really need to file now instead of waiting, the transaction shouldn't keep you from getting a discharge.



About the author
Attorney Jonathan Petts

Jonathan Petts has over 10 years of experience in bankruptcy and is co-founder and Board Chair of Upsolve. Attorney Petts has an LLM in Bankruptcy from St. John's University, clerked for two federal bankruptcy judges, and worked at two top New York City law firms specializing in... read more

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Upsolve is a 501(c)(3) nonprofit that started in 2016. Our mission is to help low-income families who cannot afford lawyers file bankruptcy for free, using an online web app. Spun out of Harvard Law School, our team includes lawyers, engineers, and judges. We have world-class funders that include the U.S. government, former Google CEO Eric Schmidt, and leading foundations. It's one of the greatest civil rights injustices of our time that low-income families can’t access their basic rights when they can’t afford to pay for help. Combining direct services and advocacy, we’re fighting this injustice.

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