How do we handle SLM corp attempting to collect on a student loan included in a July 2005 Bankruptcy?

[augustus]

In July of 2005, my wife filed Chapter 7 bankruptcy. In her bankruptcy, she included a private student loan to SLM Corp on the order of $5500. I am aware that government backed loans are not discharged in bankruptcy , but from my readings, private loans, such as the Signature Student Loan from the Sallie Mae subsidiary SLM Corporation were dischargeable before the enactment of the new bankruptcy laws in October of 2005. SLM is now attempting to collect on this loan, and is calling 5 times per day, refusing to provide requested documentation, and is in general being an @$$. How do we get SLM Corp to stop trying to collect on this debt? What's the steps in filing the necessary paperwork with the bankruptcy court? Are there any Denver based attorneys willing to help us with this who read here?

Warning: RANT AHEAD: Read only if you want to hear another sob story about Sallie Mae and their downright abusive treatment of borrowers.

What's truly rich about this is that my wife is still in school. All the options available to public loans, such as in-school deferment, Income Based Repayment and Income Contingent Repayment, hardship forbearance, unemployment forbearance, and so on which excuses the public student loans from being dischargeable are not available for this private loan. My wife is a full time student, and is living now on student loans while getting her master's degree, but because of this early bachelors degree loan, she would have to contemplate dropping out of school and trying to find a job in this economy to pay this loan back, if she owed it.

All the lawyer firms locally say that they won't touch the case because 'Student Loans are not discharged in bankruptcy'. Yet online, there is site after site stating that non-governmental backed student loans only became non-dischargeable after the new bankruptcy laws of 2005. I'm hoping that I can find an attorney who can help us.

BTW, Sallie Mae? If any of your goons are reading this, perhaps they can take this message back to you. You know that nearly $50,000 in student debt that you have that is Federally guaranteed? This summer, we're consolidating it with the Federal Direct Loan my wife got last year. Say bye to all that interest. ;) And I'm going to recommend this course of action for everyone who has a Federal loan through you.

[fionnbharr]

You are going to have to be your own lawyer, I guess. I assume you still have all of your bankruptcy papers? You're going to need them.

Send a certified letter, return receipt requested stating that the loan in question was discharged in bankruptcy as of July 2005. Include a copy of the documentation showing that. Say you are well aware that private student loans discharged in bankruptcy prior to October 17, 2005 are not collectible.
Then say that you are also aware of your rights and that, by contacting you in an attempt to collect a non-collectable debt, they are violating the provisions of the Fair Debt Collection Practices Act and if they continue to contact you or attempt collection, you will sue them in court for the maximum allowed by law ($1000 per infraction). Save a copy of the letter you send as well as the green card the USPS returns to you showing proof of delivery. If they persist, sue them in small claims court. And repeat every single time they contact you.

[lamarr3]

seems to me if the loan was included in the bankruptcy filing and they didn't challenge anything at that time, then it seems to me they are SOL - just send them a letter with the bankruptcy filing number and tell them to piss off

I would imagine your BK lawyer would have said something to you back in 2005 if the loan was not allowed to be included - call and talk to him