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  1. #1
    Join Date
    Oct 2006
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    3

    Default Collection Attempt after Chapter 7 discharge

    I filed in Southern District of FL Ch 7 pro se in May of 2005 and received my discharge Oct 2005. Creditors were notified by the bankruptcy court and I notified all credit bureaus. All creditors, with the exception of a local private college, have long ceased all credit attempts.

    This lone creditor was on the certificate of service sent by the bankruptcy court. When I received the first collection letter after the discharge, I replied via regular mail disputing the debt including a copy of discharge. I sent a second letter when the next collection letter was received. The letters continued - last count Ive received at least a dozen.

    Now a collection agency is sending letters and calling! I received their first letter last friday. I drafted a letter to the agency advising that I am notifying the court of the colleges actions. Today, before I could even mail the letter, I received a call from the agency. I advised them that I was sending them a letter and that they should contact me after reading.

    I have done everything after my discharge by the book - use credit cards rarely, pay in full every month, havent incurred any additional debt, and, in doing so, hope to re-establish myself within two years. This company might ruin my all my efforts if I do not respond. So, while I have ignored their letters for the past months, I am not willing to allow them to continue with their game.

    I am going to file a motion with the court to report their actions. Again, this will be pro se or, perhaps I should say, I will attempt to file the motion on my own. How do I proceed with filing the motion? Is this rather straight forward? I understand from my readings that trustees do not like these violations by the creditors. Would they be willing to assist me with the filing? Can you recommend any reading or case citations that will assist me with drafting the motion? Any and all assistance is greatly appreciated. Thanks in advance.

    Marlene

  2. #2
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    Default Re: Collection Attempt after Chapter 7 discharge

    Is this a debt from a guaranteed student loan?

  3. #3
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    Oct 2006
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    3

    Default Re: Collection Attempt after Chapter 7 discharge

    No its not. Thought that might have been the case so I reviewed all paperwork that I signed for classes. Bill for tuition and fees show form of payment marked as "other" and "financial aid". But, I did not receive any SallieMae paperwork nor was I required to sign a promisory note as I have with loans through the public college I now attend. So, I believe that these were private loans from the University. Further, these classes were ALL dropped and I have my course withdrawal that I received from the university. The amount due to them was included when I filed the bankruptcy and the University is listed on the certificate of service. Ideas?

  4. #4
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    Default Re: Collection Attempt after Chapter 7 discharge

    A strong belief is wonderful, but it isn't evidence.

    I guess if it were me I would bring a motion before the bankruptcy court, consistent with your plans. I would go to the clerk's office and see if they could help me by finding a bankruptcy case involving a similar motion, and then use that motion as a model for my own. Or, as you indicate, you can approach the trustee and see if you can get help from the trustee rather than taking the "do-it-yourself" approach.

  5. #5
    Join Date
    Oct 2006
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    3

    Default Re: Collection Attempt after Chapter 7 discharge

    You are correct that belief isnt evidence. Review of my records shows that the loans were funded by the school. Received another call from the collector today who claims that the debt would not be dischargeable referring to

    TITLE 11 CHAPTER 5 SUBCHAPTER II § 523 (8) "for an educational benefit overpayment or loan made, insured or guaranteed by a governmental unit, or made under any program funded in whole or in part by a governmental unit or nonprofit institution, or for an obligation to repay funds received as an educational benefit, scholarship or stipend, unless excepting such debt from discharge under this paragraph will impose an undue hardship on the debtor and the debtor’s dependents"

    so my question - I listed the debt on my Schedule F, the creditor did not attend the 941 mtg and the school is listed on my discharge. Even with all this, does the school indeed have the right to collect? Doesnt the bankrupcty court have the final word?

  6. #6
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    Sep 2005
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    Default Re: Collection Attempt after Chapter 7 discharge

    If a loan is nondischargeable, there's no sleight of hand which will get it discharged.

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