What can I do about debtor trying to collect a student loan paid thru my Chapter 13? 11 Answers as of March 04, 2016

I was discharged from my chapter 13 bankruptcy. I am now getting collection notices for a student loan that was paid through my chapter 13. It is clearly on my discharge papers as paid. I also received 1099's for the interest paid. The debt is showing as delinquent on my credit report and affecting my score.

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Eranthe Law Firm
Eranthe Law Firm | Cate Eranthe
You can send a letter along with the trustee accounting that shows the payments on the account. Send all letters certified mail, return receipt requested and keep your copies. Unless it was a 100% plan the student loan would not be paid off at the end of the plan because student loan debt is not automatically discharged in bankruptcy. In fact it is rarely discharged. In order to obtain a discharge on a student loan you must file a lawsuit within the bankruptcy called an Adversary Proceeding requesting the court to discharge the debt. This is a trial and you have to prove that it would be a hardship to repay the loan, that you'll never be able to pay it back and that you used best efforts to pay it. Go see a local knowledgeable bankruptcy attorney who can advise you if this is likely to work. If you had an attorney for your bankruptcy speak with them as to how best to proceed.
Answer Applies to: California
Replied: 3/4/2016
Marc S. Stern
Marc S. Stern | Marc S. Stern
There is a great deal more information necessary. Under current law, student loans are not dischargeable, even in a Chapter 13. The law changed and in order to tell whether the student loan was discharged the date of the filing is necessary.
Answer Applies to: Washington
Replied: 3/4/2016
Stephens Gourley & Bywater | David A. Stephens
Assuming the student loan was paid in full in your chapter 13 plan. You should contact them in writing and demand they correct the credit report and stop the collection efforts. If they do not you will have to seek contempt in the bankruptcy court.
Answer Applies to: Nevada
Replied: 3/4/2016
D.J. Rausa, Attorney at Law | D.J. Rausa
How student loans are handled in a Chapter 13 can be very tricky. For an example, if your Chapter 13 plan is something less than a 100% plan, meaning that unsecured creditors receive 100% of their claim, then the student loan lender will not receive 100% and a balance will still be owing. Further, unless the contract rate of interest on that student loan is also paid through the Chapter 13 plan, then there will be a balance as well. An analysis of your Chapter 13 Plan and the distribution to unsecured creditors is needed to further explain.
Answer Applies to: California
Replied: 3/4/2016
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Your student loan debt was NOT discharged. They never are unless an separate action was filed. You need to pay it or try to get relief from the "Ford Program." You can google it.
Answer Applies to: California
Replied: 3/4/2016
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    Unless you paid this loan in full, they are still owed monies. Student loans are not discharged upon the completion of your plan if they were still owed funds. They are not like other creditors.
    Answer Applies to: Nevada
    Replied: 3/4/2016
    The Salas Firm
    The Salas Firm | Ron Salas
    Student loans are no generally discharged in bankruptcy, so you probably need to make arrangements to pay.
    Answer Applies to: Colorado
    Replied: 3/4/2016
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    See an attorney, it is possible the student loan was being paid from the chapter 13 during the plan but was not discharged and therefore, with the bankruptcy closed, they are free to attempt to collect.
    Answer Applies to: Michigan
    Replied: 3/4/2016
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    First things first: consult your lawyer. If you did not retain one before, consider retaining one now. Apart from that, you can contact each of the three major credit reporting bureaus by mail. (Address should be on the net) Include a copy of your discharge and tell them that they are showing the specific debt as unpaid when it was paid in full and demand that they correct their report. They are obliged to respond within a set period (either 45 or 60 days). If the reporting agencies do not correct the record, there are likely places to appeal within each agency. (Even if they say they are fixing the record, I would recheck after 3 months or so to be sure the corrections 'stick.' Also write the Student Loan people who were collecting on the debt with the same information, and ask them to notify each credit reporter also. Good Luck.
    Answer Applies to: Wisconsin
    Replied: 3/4/2016
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    Yeah, the reason I do not buy what you are saying is because Discharge papers never say what was paid. You will need the final accounting from the Trustee?s office to show what is paid. You can make a copy and mail to the student loan lender to determine what the mix up is. I would not be surprised if you failed to pay interest on this student loan and that they are seeking payment for this portion of the student loan debt.
    Answer Applies to: Nevada
    Replied: 3/4/2016
    Law Office of Michael Johnson
    Law Office of Michael Johnson | Michael Johnson
    Unless you paid it at 100% you may still owe some amount of the student loans as they are not dischargeable, and they may still accrue interest while in Bankruptcy.
    Answer Applies to: Florida
    Replied: 3/4/2016
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