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Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2820
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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I filed a chapter 7 bankruptcy in August of 2005 that I included

Customer Question

I filed a chapter 7 bankruptcy in August of 2005 that I included some student loans. I received a discharge in December of 2005. Since that time I have had several collections filed against my credit report. I get most of them deleted as I claim this debt was included in my bankruptcy, but they keep showing up with a new or different company reporting. Recently I received a summons from a lawyer representing T. E. R. I. sueing me for what I thought was discharged in my bankruptcy. They received a favorable ruling in district court saying they could collect this debt plus interest. I am still fighting this issue. One thing that keeps coming to my mind is The Education Resources Institute filed a chapter 11 bankruptcy in Massachusetts. I wonder how come they can file a bankruptcy for protection, but mine doesn't count. I know I don't have a lobbist working for me. I think whats good for the goose is good for the gander.
Does my argument have merit for a class action law suit?
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 6 years ago.
Unfortunately, student loans and educational debt are not discharged in a bankruptcy case, unless you brought a separate adversary proceeding to have them deemed an undue hardship. This is extremely hard to prove, so most of the time, the student loans do not discharge. The chapter 11 filing is done to reorganize debt. It is ironic that it is an educational company filing, but if they had student loans, they wouldn't be able to be discharged either. I understand your frustration, and the irony of their bankruptcy filing, but you should negotiate a repayment plan for your loans to avoid any further negative reporting on your credit report. Thanks for your question, and good luck.