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notsurenow
Feb 15, 2012, 12:15 AM
I was discharged from the military due to a personality disorder and was forced to pay back a portion of my enlistment bonus. Unable to keep up with debts I had while in, I was forced to file bankruptcy and this was a debt I included. All collection efforts from DFAS stopped and I never heard from them again. For the last two years (not including this year), someone else has been able to claim me on their taxes and so I didn't get a refund in only my name. This year, I got my own refund and it was intercepted by DFAS. I'm a little confused, as I claimed them on my bankruptcy and this kind of debt appeared able to be discharged.

Is it not able to be? Also, on my credit report they have reported to all three agencies around the time of my bankruptcy. In all three instances they made comments of "charged off account," "unpaid balance reported as a loss by credit grantor," and "profit and loss writeoff." If they are claiming this as a write-off, can they still collect on this debt and intercept my refunds? If this wasn't able to be discharged, why did they cease collecting when my bankruptcy was discharged?

AK lawyer
Feb 15, 2012, 12:34 AM
Just because a creditor "writes off" a debt, doesn't necessarily mean the debt is forgiven. It's merely an accounting mechanism for their own purposes.

Perhaps the ceased collecting because they too thought it was discharged. Perhaps you should have filed a motion to determine dischargeability of this debt. That way you wouldn't have been unsure as to whether it was discharged.

notsurenow
Feb 15, 2012, 12:45 AM
I'm looking to see also if someone actually knows for sure whether this debt is able to be discharged.

needanswers3
Apr 25, 2012, 12:20 PM
Any clarification on this matter?

AK lawyer
Apr 25, 2012, 12:32 PM
I'm looking to see also if someone actually knows for sure whether or not this debt is able to be discharged.

It is dischagreable, because the Bankruptcy Code doesn't have language making this non-dischargeable.


any clarification on this matter??

Why? Are you Notsurehow, now going by another name?

Or do you have what you perceive is a similar problem? If so, please start a fresh thread, giving the pertinent details and a question.