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Hello,
I think this is the right place for this. If not, please feel free to move this
My Ch. 7 was discharged in Jan of this year. However, I just received a letter from a University I attended years ago. They state "Your account with the bursars office has been referred to our office for collection, from information we have, you owe the University a total of $5,000.00 for charges made on an open account."
There is also some weird language at the bottom stating "Because the University is constitutionally prohibited from loaning it's credit, and because there is no statue of limitations against the State, if payment is not received in full, the University must pursue all remedies which may include filing a lawsuit to collect these charges or referring your account to an outside collection agency"
So it does appear as if this is an internal letter (has their letterhead on it). It's been my understand that tuition and fees, are discharged under Ch. 7 (barring any promisorry notes or written agreements). I understand that student loans are not, which I had those deferred, but this is the first time I am hearing about this alleged debt in YEARS. From some reading, unless there is a signed agreement, this is not considered a student loan, correct? Do I just reply to the letter with a copy of my Ch. 7 Order of Discharge and go from there?
This is the letter I plan on sending them (advice appreciated!):
"To Whom It May Concern:
I am in receipt of your letter dated September X, 2017. For the purposes of Bankruptcy, since you are an unsecured creditor, please find attached my Chapter 7 Bankruptcy order. If the University inquired into my credit history for the alleged debt and a promissory note or loan agreement was executed, please forward a copy to me for my review. Otherwise, I will consider this matter concluded.
Most Sincerely,"
Any advice appreciated!
Thanks!
Sounds like you've done your research. Yes, I woulds send them that letter, unless there was a signed promissary note it is not considered a loan and is discharged in BK as unsecured debt.
Strange they never contacted your before. My alma mater put a collection on my CR for a $25 unpaid parking ticket from campus police. I paid it, and have thrown all requests for alma mater dues/donations in the trash ever since.
I hate waiting on snail mail so I just call.. Might be quicker route if you care