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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 117401
Experience:  Attorney At Law handling education matters.
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I filled for bankruptcy, included student loans, Nelnet

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I filled for bankruptcy, included student loans, Nelnet reported the accounts as "Closed, derogatory, ch 7 bankruptcy" showed $0 balance....this remained that way for several months, no statements are available/they refuse too provide documentation contrary to that as to what they reported to the bureaus. Later the accounts showed back up
Now what
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If those loans were extinguished by your bankruptcy order, then you need to get a copy of your bankruptcy order and you need to send a written dispute to the credit bureaus where they are appearing pursuant to the fair credit reporting act, with a copy to NELNET, and inform them that pursuant to the FCRA these loans were legally discharged in bankruptcy and you are attaching a copy of the order and if they do not remove them you will pursue civil action against them for violations of the FCRA for any damage you incur plus attorney's fees and you will file a complaint with the Federal Trade Commission against them as well.
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Customer: replied 7 months ago.
The paperwork I received basically just says something general to the effect of "discharge of debts granted" (no specifics) then gives a list of creditors sent notification. There wasn't an adversarial proceeding as in USC but the CFR states if a judge grants discharge it is a done deal without mention of said proceeding...?
Thank you for your reply.
You bear the burden of proving they were a listed creditor whose debt was discharged in the bankruptcy and you have to then file that with your letter disputing the reporting. If they were listed as a creditor and did not dispute the bankruptcy, then that is proof the debt was discharged.
Customer: replied 7 months ago.
I have them listed in the filling to the bankruptcy court, and they are listed on the courts list of creditors to receive notification.There was no dispute.They are listed with the creditors to be notified of bankruptcy granted. There is a line after that list that indicates no creditors were skippedWill that do? As a side note, what's the impact, if any, of their report to the agencies and refusal to provide statements, which I don't believe exist, for several months between their report to the agencies and the debts reappearance?

Thank you for your reply.

So, you need to send the proof with your dispute to the credit bureaus where it is being reported and to NELNET as well. If they do not remove it or continue trying to report it, then you need to sue and report them to the FTC.

Customer: replied 7 months ago.
Is there anything else I should know

Thank you for your reply

That is all, actually, based on what you stated, that is pretty much everything.

Customer: replied 7 months ago.
Thanks

Thank you for your reply.

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