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  • Feb 2, 2006, 10:02 AM
    lysah0505
    Bankruptcy
    :confused:

    I was recently contacted by a collection agency regarding a debt owed to a school. To clarify, this was not a student loan. My bankrupcty was discharged on August 30th 2005. She stated that it was in their file as being discharged on this date. However, she still insisted on collecting on this account. I thought it was student loans that were non dischargeable. Can she legally do this?:confused:
  • Feb 2, 2006, 03:02 PM
    Fr_Chuck
    First do not talk to them on the phone, ever.

    Refer this to the attorney who did your bankruptcy, and let him tell you if it was discharged or not.

    Also if you want some general opinoin what was the loan for if it was not for tution or school cost.
  • Feb 2, 2006, 05:48 PM
    lysah0505
    It was not a loan. It's tuition that's owed directly to the school. Now the problem is that my husband and I were self representing. So now I have to find an attorney that will help us with this. The problem with THAT is that they can be costly and if we have the money for an attorney to begin with, no problem. YOu see?
  • Feb 2, 2006, 05:55 PM
    Fr_Chuck
    I am not sure, but if you owe it directly to the school and it was for going to that school, it is a "loan" they self funded or directly loaned you the money for going to school.

    I do believe ( from the people I have helped fill out bankruptcy paper work as a para legal) that these types of loans are no longer exempt ( they will not be discharged)

    This is part of the issues of self filing, there is no "legal" advice, and if any body files any cross claims or comes back after, there is no knowledge of what to do.

    You have one real option short of hiring an attorney for adivce now.
    Send them copy of the bankruptcy showing this was included. Tell them not to contact you further. If they then sue you, you know you were wrong since they would not take it to court if they know they can't win.

    They actually can't even call you or write you legally if this was in bankruptcy, so they are pretty sure they are right or they would not even call you.

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