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Third Party Collection After Bk

Discuss anything relating to Consumer Law

Third Party Collection After Bk

Postby elton » Sun Feb 16, 2014 5:22 pm

I have a third party collecting debt on a loan that was Discharged in Jan 15 2002. This was an educational loan through a computer training center and was not a fedral student loan is this legal to sue me after being discharged, and am I liable for a third party buying a loan that was discharged in my BK chapter 7
elton
 
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Third Party Collection After Bk

Postby Clancey » Tue Mar 11, 2014 6:53 am

If in fact the debt you refer to was discharged, then they are violating the post discharge injunction of 11 USC 524 by trying to collect on it and you can get sanctions against them for doing so.  However, most educational loans are NOT dischargeable in bankruptcy, so you need to have your attorney confirm that these did not fall into that category.  The mere fact that they were not federal loans does not make them dischargeable.
Clancey
 
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