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Ely, Attorney
Category: Education Law
Satisfied Customers: 218
Experience:  Attorney in general practice,
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Well this is a complex student loan issue that involves

Customer Question

Well this is a complex student loan issue that involves missing tax records, bankruptcy and various situations that allowed US Department of Education and the IRS to acquire tax refunds for the 20 years. The problem is that I am at the end of my career in the employment market not at the beginning so the sudden allocation of interest debts on student loans just because US Department of Education found the records last month is not feasible.
JA: What state are you in? And has anything been officially filed?
Customer: Texas but I have filed identity theft with the IRS and resolved many tax situations through them since 2013, also my bankruptcy attorneys in 2002 and tax attorney in 2006 repaired a tax mistake from 1999 so this resolves the tax side but now the student loan offsets show that student loans that were issued went into default the same year I was in school and they are trying to state they issued other student while in default status additionally stating I owe monumental interest costs on less than a 10G loan from 1996
JA: Have you spoken to a local attorney or school administrator? What is your ideal outcome for this situation?
Customer: Well they have collect for twenty years. I want them to be completed. I have paid the original amount of the loan plus quite a bit of interest through tax refunds. In 2015-2016 I paid 7093 dollars worth tax refunds to US Department of Education.
JA: Anything else you want the lawyer to know before I connect you?
Customer: That's about it
Submitted: 9 months ago.
Category: Education Law
Expert:  socrateaser replied 9 months ago.


You appear to indicate that filed a (Chapter 7) bankruptcy in 2002. Do you have at this time in your life, any retirement or nonretirement accounts that could be used to satisfy the student loan?

I'm not suggesting that paying off the loans is what you should do. I'm trying to determine if the creditor has any means of seizing sufficient funds to pay off the loan.

Thanks in advance for your help.

Customer: replied 9 months ago.
That's not a sufficient answer. The US Department of Education did not prove loan issuances just in the paperwork during bankruptcy filing. They delayed providing proof documentation I requested even in 2010 and in 2015. Seizing assets to pay interests when US Department of Education has been acquiring tax refunds through offsets, possibly not reporting the amounts they acquired in previous years as well is not feasible. You can't expect someone to pay interest on student loan amounts that are not proven in paperwork or details provided by US Department of Education. At this point, they are not even paying the loan amount, they are just collecting and paying interest using my tax refunds.
Customer: replied 9 months ago.
They have already documented that they collected 10% of the amount they claimed owed. Which is only being applied as interest but never produced the paperwork for these loans during bankruptcy hearings or when requested by me. They only located one of the documents in 2007 per the paperwork but do not show proof of loan issuance in the documents i.e., I did not receive notice of any student loan check issued to me by the school or otherwise. This is also the case on the other loans they state were taken out.
Expert:  socrateaser replied 9 months ago.

I'm just gathering information...I haven't offered any answer, yet. Please give me a few minutes to review your information. Thanks!

Expert:  socrateaser replied 9 months ago.

I have a telephone court hearing in a few minutes. I will opt out and let you discuss this with another contributor.

Best of luck with your legal difficulties.

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