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Can't get collection Removed.. Advice?

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Anonymous
Not applicable

Can't get collection Removed.. Advice?

Collection Agency: Enterpise Recovery System

Debt: Roughly $7,500

Assigned: September 23, 2015

Status: Included in Chapter 7

Balance $0

Last Reports: Decembe, 2015

Reported on Trans/Exp

 

 

Situation:

 

 The debt is from college where the VA paid for my tuition and the school sent it back like a month later, and then did the same thing the next semester and now they are footing me the bill for the tutiion.

 

My bankruptcy was discharged 6/14 and this debt was not included nor reporated on any report as it just popped up on Sept 23, 2015 as i guess ERS bought or was assigned the debt.  

 

I have disputed the debt saying the debt is not valid and it remained, then i disputed as to the accuracy of the dates/account and it remained.

 

 

Question:

 

What are my options?

 

 

Should I leave alone as its showing in bankruptcy even though it was not?

Should I have my bacnkruptcy re-opened to include debt? Dont know how that works

Should I talk to the college?

Should I try and dispute the item again with CRA?

 

 

Any advice will help. This is my last collection showing and I plan on purching as home once my 2 years post BK passes in 6/16 and dont want any hiccups or issues.

Message 1 of 5
4 REPLIES 4
Anonymous
Not applicable

Re: Can't get collection Removed.. Advice?


@Anonymous wrote:

Collection Agency: Enterpise Recovery System

Debt: Roughly $7,500

Assigned: September 23, 2015

Status: Included in Chapter 7        <-------

Balance $0                                    <-------        Clearly it was somehow included in your BK or it would not show as being discharged ($0 balance)

Last Reports: Decembe, 2015

Reported on Trans/Exp

 

 

Situation:

 

 The debt is from college where the VA paid for my tuition and the school sent it back like a month later, and then did the same thing the next semester and now they are footing me the bill for the tutiion.

 

My bankruptcy was discharged 6/14 and this debt was not included nor reporated on any report as it just popped up on Sept 23, 2015 as i guess ERS bought or was assigned the debt.  

 

I have disputed the debt saying the debt is not valid and it remained, then i disputed as to the accuracy of the dates/account and it remained.

 

 

Question:

 

What are my options?

 

 

Should I leave alone as its showing in bankruptcy even though it was not?

Should I have my bacnkruptcy re-opened to include debt? Dont know how that works

Should I talk to the college?

Should I try and dispute the item again with CRA?

 

 

Any advice will help. This is my last collection showing and I plan on purching as home once my 2 years post BK passes in 6/16 and dont want any hiccups or issues.


I would just leave it be as it is reporting as IIB and no balance. Do you know the reported (and actual) DoFD?

Message 2 of 5
RobertEG
Legendary Contributor

Re: Can't get collection Removed.. Advice?

Student loans are generally not discharged under a BK, and require special and specific showings during the proceeding to get included.

If you did not attempt their discharge during the BK, then they would not be included.

 

The debt collector, while making reference to their discharge and the debt balance as being $0, is apparently nonetheless considering the debt to still be obligated or else they would not be attemtping to collect.  If you know they were not included, then it appears their collection is proper.

 

When you disputed the debt as not being valid, apparently your basis was that the school "sent it back," and there is no debt in fact, as opposed to there being no debt becasue due to discharge under the BK?

If so, what documentation did you provide when you disputed the accuracy of the student loan as not being a legit loan?

 

Message 3 of 5
Anonymous
Not applicable

Re: Can't get collection Removed.. Advice?


@RobertEG wrote:

Student loans are generally not discharged under a BK, and require special and specific showings during the proceeding to get included.

If you did not attempt their discharge during the BK, then they would not be included.

 

The debt collector, while making reference to their discharge and the debt balance as being $0, is apparently nonetheless considering the debt to still be obligated or else they would not be attemtping to collect.  If you know they were not included, then it appears their collection is proper.

 

When you disputed the debt as not being valid, apparently your basis was that the school "sent it back," and there is no debt in fact, as opposed to there being no debt becasue due to discharge under the BK?

If so, what documentation did you provide when you disputed the accuracy of the student loan as not being a legit loan?

 


This was not a student loan. There was no lender. This was tuition to be paid directly to the college. Fully dischargeable in BK.

Message 4 of 5
Anonymous
Not applicable

Re: Can't get collection Removed.. Advice?

Correct this was not a loan, but tuition, which is dischargeable which I was just notified of the debt in November.

 

 

Any advice on options?

Message 5 of 5
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