Bankruptcy and Debt Inquiry?

[salvadore94]

I filed for bankruptcy in 2001 and was discharged in 2002. 7 years passed, my credit is clear, i managed to buy a home, secure a line of credit, receive credit cards and all are in good standing. Today I received a call from a collection agency in regards to a 2003 student loan debt. My credit report no longer shows this debt however i was told I owe $19854. I was wondering if this debt can be added back to my credit report, even though it was removed? also with the new bankruptcy laws, can this debt be forgiven or will I be required to pay it?

[madison86]

Your credit report does not matter. It is not your credit report that determines whether or not you owe a debt. It is the underlying agreement to repay that determines, whether or not the debt appears on your credit report.

THAT SAID ... you could have an interesting situation. With nearly $20k on the line, you should be receiving your legal advice from a licensed bankruptcy attorney - preferably the one who filed your bankruptcy in 2001. If that attorney is no longer practicing then find a different one in your local phone book.

Your "possibly" interesting situation revolves around the fact that in 2002, PRIVATE student loans (though not Federally guaranteed student loans) WERE dischargeable in bankruptcy. If you had a PRIVATE student loan and it was listed on Schedule F of your 2002 bankruptcy, then it already is discharged and the collection agency is violating the discharge order (you are entitled to damages - your bankruptcy attorney can assist with this).

If you had a PRIVATE student loan and it was NOT listed on schedule F of your bankruptcy, it MAY have been discharged anyway, since (in 2002) there were conflicting rulings about whether un-scheduled debts were discharged or not. Again, in this situation, you need the advice of an experienced licensed bankruptcy attorney, not anonymous total strangers on the Internet who may or may not know what they are talking about.

If you had a FEDERALLY GUARANTEED student loan, then it was not discharged (those were not dischargeable, even in 2002) unless you filed (and won) an adversary proceeding as part of your original bankruptcy case.

You need to seek legal advice from an experienced bankruptcy attorney licensed in your state.

Get off the Internet and make a face-to-face appointment with licensed legal counsel.

[anglesey34]

I've heard that student loans don't go away with a bankruptcy. sorry

[jarel]

Did you include that debt in the final list of creditors that you presented to the bankruptcy judge? If yes, then it's not collectable, if no, then you owe it.

Your debt was discharged in 2002 and you say it's "in regards to a 203 student loan debt"... so I'm a little unsure just when this was incurred.

Regardless, if it wasn't listed in your total list of creditors presented to the bankruptcy judge, then you owe it.