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Private Loans Discharged in Bankruptcy

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  • 01-13-2011, 12:18 PM
    manifester
    Private Loans Discharged in Bankruptcy
    My question involves collection proceedings in the State of: Oregon
    I filed Chapter 7 in July of 2005. My attorney wanted to get everything filed prior to the changes in the laws taking effect in Oct. 2005. This way, he was able to include private student loans that were taken out for study outside of the US in 2000.
    Needless to say, SallieMae is not honoring the discharge of those loans. They insist that I am now in default and, although my credit report reflects the discharge status, I'm receiving phone calls to settle the debt or face the consequences.
    My attorney does not seem too worried as he feels this is standard intimidation by SallieMae. I have instructed them, in writing, numerous times to contact my attorney and they have yet to do so and continue to call and attempt to collect on a debt that has been discharged. What else can I do?
    I would like this issue to be resolved. I filed Bankruptcy in order to get on with my life following a car accident. It's been nearly 6 years since discharge.
    Thanks for your insight.
  • 01-14-2011, 08:09 PM
    Mr. Knowitall
    Re: Private Loans Discharged in Bankruptcy
    Your attorney is familiar with the details of your case, and is thus far better positioned than anybody here to advise you.

    If a debt has been discharged and a creditor is trying to collect anyway, you can talk to your lawyer about filing a contempt petition in the bankruptcy court.
  • 01-14-2011, 09:12 PM
    manifester
    Re: Private Loans Discharged in Bankruptcy
    Quote:

    Quoting Mr. Knowitall
    View Post
    Your attorney is familiar with the details of your case, and is thus far better positioned than anybody here to advise you.

    If a debt has been discharged and a creditor is trying to collect anyway, you can talk to your lawyer about filing a contempt petition in the bankruptcy court.

    Thank you for your reply. I'll discuss the contempt position with him. It's been a challenge to reach him since he started his own practice. I thought a fresh perspective might help as well, maybe something that hasn't been thought of yet...Thanks again!
  • 01-28-2011, 09:17 AM
    TedJones71782
    Re: Private Loans Discharged in Bankruptcy
    Talking to your attorney would be your best bet, so If he does not seem concerned then i wouldn't be as concerned either. If they try to collect knowing it is discharged from your records then you can sue them and get rid of your problems all together along with getting a nice little payment for your troubles.
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