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Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2896
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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I filed for bankruptcy (Chapter 7) back in 2004 in Philadelphia,

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I filed for bankruptcy (Chapter 7) back in 2004 in Philadelphia, PA. One of the debts I tried to have charged off was back tuition from Scottsdale Community College (SCC) in Arizona. This debt has been "active" since 1999. I received a letter from SCC in March 2006 stating the debt is non-dischargeable because PL 105-244 amended the Bankruptcy Law to exclude educational debts. I didn't bother to pay or contact SCC about the matter. I just received a letter from SCC dated June 18, 2012 letting me know that I still have a balance due and they are required to send the debt to the State of Arizona for collection plus the debt may be reported to a collection agency. By the way, I moved from Arizona on January 4, 2001. I've had other debts from the state of Arizona regarding state income tax that I found out about when I saw the debt on my credit report. The state tax debt was from the 1999 tax year. When I contacted the Arizona Department of Revenue in 2009, they let me know the state tax debt was no longer collectible and I filed a certificate of release of state tax lien in 2010. Is my debt with SCC still collectible?

Terry L. :

Hi, thanks for your question. You should hire a lawyer for specific legal advice. No attorney client relationship is created here.

Terry L. :

Since the debt with the college was not discharged in bankruptcy, they can legally collect on the debt.

Terry L. :

The bankruptcy case tolled(stopped) any statute of limitations, starting the clock over.

Terry L. :

Payments on the debt can toll the statute as well.

Terry L. :

Where do you live currently?

Terry L. :

The statute of limitations can toll if you move as well, as the creditor might have to transfer the claim to a different jurisdiction.

Terry L. :

you would be best to talk to a local attorney to review which jurisdiction applies, and review the various statutes of limitations, and then review what can toll the statutes.

Terry L. :

In any event, charged of debt can seriously impact your credit, so if you can afford to pay the debt, it might be in your best interest to do so, but review that with your attorney.

Terry L. :

Any further questions? If not, please click accept to close the question. Thanks.

Customer:
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