3 years later

August 19th, 2010 by Questions

I filed for bankruptcy in 2007, and I was discharged in 2008. I had student loans included in that which were over 10 years old. This year in 2010 I have a collection agency calling me non stop telling me that I am on the hook for this and that the student loan never goes away and that I have to pay it and it is staying on my credit rating. As far as I am concerned and my trustee has told me that it is over and done with and to just ignore it. Is this collection agency accurate in what they are saying, cause if so someone hasn`t done the job that I paid them to do, and if so what can I do about it? Who do I contact to get these calls stopped? Thanks for your time.

Posted from: Ontario

Questions

One Response to “3 years later”



August 20, 2010 at 6:50 am, A licensed trustee said:

We’re hearing more stories like this every day. You need to know what the end of study date was fro your student loans when you actually filed. If 10 years had passed since the end of study date (that period is now 7 years) then the debts were discharged. If it wasn’t 10 years from your end of study date when you FILED then the debts were not automatically discharged.

Assuming the debts were discharged you may still have trouble getting the collection agency to listen to you – they can be pretty thick and take instructions from their “clients”, not from you. If they won’t listen send them a registered letter instructing them to cease collection calls and letters, tell them to take you to Court. In Court if you show the Judge your bankruptcy documents and prove the 10 years was up before you filed you can then ask the Court to make the collection agency pay all of your costs for appearing in Court – inlcuding lawyer fees if you hire one…

This isn’t something your trustee did wrong – student loans are just a pain in the…. and the many collectors assume they can bully you into paying when you shouldn’t have to.

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