STUDENT EXPENSES (MOSTLY JUST TO LIVE)
DID THE BK ATTY COMMIT MALPRACTICE BY MISCHARACTERIZING THE LOAN ON THE BK PETITION? DID THE ASSIGNEE OF THE LOAN HAVE A DUTY TO APPEAR AND CONTEST THE BK, OR BECAUSE LISTED AS STUDENT LOAN, NO NEED? THE DISCHARGE REFERS THE DEBTOR TO THE ATTORNEY FOR WHAT WAS DISCHARGED; ATTORNEY NEVER GAVE A WRITTEN LIST.
IS THERE AT STAT OF LIMITATIONS ON COLLECTION OF THE LOAN - THE BK WAS DISCHARGED IN 2009; DEBT COLLECTION ON THE "STUDENT LOAN" BEGAN A COUPLE OF MONTHS AGO.
SORRY, THIS IS REALLY UPSETTING. AM A TRUST AND PROBATE PARALEGAL AND KNOW ZERO ABOUT BK PROCEEDINGS. DAUGHTER GOT IN OVER HER HEAD IN GRAD SCHOOL!!
Was this private loan guaranteed by the federal government?
When was your daughter's last payment on this loan?
DO NOT KNOW -- YOU MEAN FDIC GUARANTEE OR SOME OTHER? CITIBANK TOLD HER IT WAS A PERSONAL LOAN, THO TERMED IT "STUDENT LOAN" DON'T HAVE THE DOCS - SHOULD I ASK FOR THEM? COLLECTION AGENT SWEARS IT WAS A STUDENT LOAN COVERED BY 2005 LAW, BUT WILL PROVIDE NO OTHER INFO - JUST TOO VAGUE.
HER LAST PMT WAS 3/23/09 (YES...); BK FILED 3/12/09 - DISCHARGED 6/23/09
It may and may not be a student loan. However, you will not know this by what the collection agency said, as one cannot believe anything they are told by a collection agency. You will have to look at the loan documents to determine if this was a student loan, and whether or not it was federally-guaranteed.
If it was a student loan, it was not dischargeable in your daughter's Bankruptcy. However, even if it was a student loan, the collection agency can not legally collect it after 4 years - because of the Statute of Limitations (SOL) - if and only if the loan was not federally-guaranteed.
If the loan was federally-guaranteed, it can be collected forever, as there is no SOL for federally-guaranteed student loans. 20 USC 1091a(a)(1).
If the loan was not a student loan, and it was listed on the Bankruptcy as a student loan, the above still applies, so it is unlikely that there would be a successful malpractice claim against the attorney.
I think this is what you wanted to know. If not, please let me know.Thank you!
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