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Ask Terry L. Your Own Question

Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2518
Experience:  Better Business Bur 15yrs bankruptcy experience. Chicago Bar
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I filed on a student loan in 96. I now have an agency calling

Customer Question

I filed on a student loan in 96'. I now have an agency calling me about default and want payment. I am confused as I was discharged. What do I do. They are calling my home daily 7 days a week. Thank you.
Submitted: 3 years ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 3 years ago.

Terry L. :

Hi and thank you for your question. In the future, you can request me to answer any further questions.

Terry L. :

If the student loan was in repayment, and not deferred for the 7 years before the bankruptcy case, then the student loan would be discharged in your case in 1996

Terry L. :

law changed in 98 and again in 2005 making it harder to discharge.

Terry L. :

Show the company a copy of the discharge.

Terry L. :

if your debt was discharged, you can sue them for violating the discharge notice and can ask for damages.

Customer :

I was not making payments at the time

Terry L. :

That's ok

Terry L. :

just that it was in repayment, and not in forebearance or deferred in that 7 year window

Customer :

they are trying to force me into an agrrement of payment by saying they are going to attach wages

Terry L. :

if the loan was not discharged, that is available to them.

Terry L. :

Send them the discharge.

Terry L. :

if that doesn't stop them, have your bankruptcy attorney call them

Terry L. :

if that doesn't work, file suit

Customer :

I do not have a copy of the bankruptcy. I called fed archives this am. they are sending me the request forms, but the company is telling me thay cannot wait

Terry L. :

call your lawyer to see if they have a copy

Customer :

i do not even know what his name was. that was 15 yrs ago. I live in a different state now

Customer :

I have the case # XXXXX feds gave me this am

Terry L. :

Then give that to the collection company for now. not much else you can do at this point

Customer :

they are trying to force a payment to hold off. should i do this

Terry L. :

If you believe the debt met the discharge requirements, then you should not

Terry L. :

request verification of the debt

Customer :

I know this was taken care of because we had a converstion about this specifically

Customer :

They told me to call the dept of education

Customer :

they told me you cannot discharge student loans

Customer :

the loan was from 86'

Customer :

r u still there?

Terry L. :

the laws have changed since 1996, making it nearly impossible to discharge now. Back then, if they were in repayment status, and not deferred or in forebearance in the 7 years before bankruptcy, then they would be discharged.

Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2518
Experience: Better Business Bur 15yrs bankruptcy experience. Chicago Bar
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