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Calling All Professionals!

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Anonymous
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Calling All Professionals!

I'm in desperate need of help. Just received a Dunning Notice from DCS regarding a debt for $19,000.00. The debt itself is a private student loan that was IIB (ch13). I've received no notice that the debt is still active, no 30,60,90... citations to my credit reports. The loans were current, then closed, balance to zero. I don't know how to handle the collection account. Do I DV the CA. The accounts are all included in the BK. How do I proceed from this point. Is it possible the CA doesn't know the account is IIB? I'm freaking out as I don't have the entire $19,000.00 they want in one sum. Any help would be desperately and gratefully appreciated. Thanks in advance!

Message 1 of 5
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Anonymous
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Re: Calling All Professionals!

Hi sdkid,

 

ETA:  I hadn't noticed that this was regarding a student loan, which is different.  So skip the following response and head on down to my second post.  This is why I shouldn't post when waking up in the middle of the night.  Darn.  Smiley Indifferent

 

__________________________________________________________________________________________________

 

I'm not sure why you're considering paying this debt if it was included in BK.

 

Sometimes just the shock of receiving a notice like this shakes you up enough that you consider paying, BUT if the account was included in the BK, it is considered paid.  It is illegal for them to attempt to collect the debt from you if your BK was discharged.  If you were not able to complete the BK and it was dismissed, that is a different story.

 

We had one creditor send us a collection letter after our CH 13 BK was discharged.  It shook me up a bit, too, to tell you the truth.  We did check in with our attorney, who advised us to send a business like and firm letter reminding them that the account was IIB (and the dates), that they were illegally pursuing a collection, and that we would take prompt action if we received additional collection correspondence from them.  We put a notation that the letter was cc: to our attorney.

 

They stopped immediately.  It was actually a clerical error (new staff), and I guess we shook them up as much as they had shaken us up.

 

Nothing like a good jolt of caffeine or a Dunning Notice to get your heart pumping!  Just pull out your papers and be absolutely sure (as I guess you already are) that these guys were properly included in the BK, and that the BK was properly completed and discharged.

 

Best wishes to you! 

Message 2 of 5
Anonymous
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Re: Calling All Professionals!

Thanks for the prompt response beaMEup. I'm still paying the CH 13, have 3 more years til discharge. Does the fact that I'm still paying play into factor?

Message 3 of 5
Anonymous
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Re: Calling All Professionals!

...and yes the Dunning Notice has me in quite a spiral.

Message 4 of 5
Anonymous
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Re: Calling All Professionals!

Oh, darn, I've got to backstep here.  I didn't notice that this is regarding a student loan - which is a unique animal.  Student loans are typically not dischargeable unless you file a claim for hardship - is that something you've done in your BK? 

 

And, yes, the fact that you're currently in BK makes it more interesting.  Is the trustee making payments to the private student loan OC?  Do you get a monthly statement or an online record of the disbursed payments?

 

I'm going to vote for checking with your attorney on this one.  Definitely.  And the sooner you can touch base with her, the sooner you can relax and know how to properly handle the situation.  Facts are always your friend - they help you know the next steps that will work best for you.

Message 5 of 5
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