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jbrlaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 269
Experience:  Creditors' rights lawyer involving collections, foreclosures and bankruptcies for almost 19 years.
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I was discharged from Chapter 13 two years ago. One ...

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I was discharged from Chapter 13 two years ago. One lender receiving payments through the Chapter 13 was a student loan. Notice of the discharge sent to me listed all vendors with a $0 balance and I was advise I did not owe further payments to any of the vendors listed. Just recently a collection agency contact me regarding the student loan advising I still owe the remaining balance. I had not heard from them up until this point. My attorney had not informed me of this and upon my research I found that I would still owe on student loans. I set up a monthly payment plan with the collection agency and have been making payments timely. However, this agency continues to call me every three months, pushing for me to pay the balance in full and when I advise I cannot they then push for me to pay more monthly indicating the vendor is requesting this & they are within their rights to push for me to pay more. If I am making payments & timely can they force this? What are my rights?
Submitted: 9 years ago.
Category: Bankruptcy Law
Expert:  jbrlaw replied 9 years ago.
What probably happened was that you were scheduled to pay a portion of your student loans as part of your plan and, when you completed paying, the trustee's accounting showed a zero balance. This is normal. The trustee doesn't have any interest in your obligations following the bankruptcy.

The collection agency is within its rights to contact you to try to make a deal. You have two ways around this.

First, provide them with a written notice instructing them not to contact you further, to contact your lawyer instead -- and provide your lawyer's contact info.

Second, you can find out what it would take to reinstate your student loan (to take it out of default status) and then, if you are able, pay it so that you no longer have to deal with the collection agency. The lender or its servicing company will take control over the loan again. If the collection agency won't provide this information, contact the lender directly. It is usually very easy and cheap to get the loan reinstated -- usually a series of 3 or so monthly payments.

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Please note that I may not be licensed to practice law in your jurisdiction. As such, my above comments shall not be construed as legal advice and shall not be deemed to form an attorney-client relationship.

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