I filed for Chapter 7
in 1991 and it was granted in Jan. 1992. Included amongst the debtors was a third party student loan provider, AFSA DATA CORP. (now Acs Education Services in Long Beach). Here is what the discharge of debtor order from the United States Bankruptcy Court
in the Central District of California -- Los Angeles said:
It appearing that the petition
IT IS ORDERED that:
1. The above-named debtor is released from all dischargeable debts.
2. Any judgment heretofore or hereafter obtained in any court other than this court is null and void as a determination of the personal liability of the debtor with respect to any of the following:
a. debts dischargeable under 11 U.S.C. § 523;
b. unless heretofore or hereafter determined by order of this court to be nondischargeable, debts alleged to be excepted from discharge under clauses (2), (4) and (6) 11 U.S.C. sec 523(a);
c. debts determined by this court to be discharged.
All creditors whose debts are discharged by this order and all creditors whose judgments are declared null and void by paragraph 2 above are enjoined from instituting or continuing any action or employing any process or engaging in any act to collect such debts as personal liabilities of the above-named debtor.
In 2009, my former employer received an Order of Withholding from Earnings from Educational Credit Management Corporation. Embarrassed, I immediately made payment arrangements with ECMC because it was made clear to me that garnishment
of my check would be a major hassle to our CFO. The original loan of $1300 in 1992 had ballooned into a debt of $4600, for which I have been paying on since 2009.
I just now found my original 1992 bankruptcy papers, and started reading up on the law and I am a bit confused.
Should this debt not have been discharged in 1992 under the Discharge of Debtor from the Bankruptcy Court?