Ask Experts Questions for FREE Help !
Ask
    notsurenow's Avatar
    notsurenow Posts: 22, Reputation: 1
    New Member
     
    #1

    Feb 15, 2012, 12:15 AM
    Military Debt
    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's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
     
    #2

    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's Avatar
    notsurenow Posts: 22, Reputation: 1
    New Member
     
    #3

    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's Avatar
    needanswers3 Posts: 1, Reputation: 1
    New Member
     
    #4

    Apr 25, 2012, 12:20 PM
    Any clarification on this matter?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
     
    #5

    Apr 25, 2012, 12:32 PM
    Quote Originally Posted by notsurenow View Post
    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.

    Quote Originally Posted by needanswers3 View Post
    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.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Military to Military Marriage Different Home of Records [ 1 Answers ]

My husband and I both are active duty military and we have two different "Home of Records". My husband is a NC resident and I am a TN resident (no state tax) I am trying to file MFJ for federal. Everything went well until I went to file state taxes for him. How do I do this? Can I file federal...

Is credit card debt open account debt or a written agreement debt? [ 16 Answers ]

I am currently fighting a credit card debt action filed against me by Unifund. The issue is whether credit card debt is open account debt subject to 3 year SOL in the State of Washington or a written agreement debt subject to 6 years. I asked the same question on another forum and received an...

I got married to a military guy, and we got military housing [ 6 Answers ]

MY husband and I became eligible for base housing and took it, because the only time we would move in was that day. In my old apartment lease there is a military clause. However I got the apartment before I became married, and my husband is not on the lease. My landlord is saying that the military...


View more questions Search