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PRIVATELY student loans and BK7?

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Anonymous
Not applicable

PRIVATELY student loans and BK7?

Hey everyone-searching for some knowledge on this subject. I have a PRIVATE student loan that is being serviced by Sallie Mae/NAVIENT, that was included AND discharged in my BK7. I filed 12/23/2015, had my 341 on 02/03/2016, with Discharge granted on 04/05/2016. Now, before I even filed last year-SM would harass me and my ex-husband (he was the cosignor) for payment; and even though I told my Ex not to pay, he didn't want his credit jacked up so of course he's paying them. I've told him and Navient numerous times that the loan is DISCHARGED, and to close it out. I also have told NAVIENT to STOP doing the automatic withdrawals of my ex's bank account, but was informed by them today (after calling them AGAIN to cuss them out) that as of 09/22/2015, that **I** made a verbal authorization to them over the phone using my ex's bank account. (I didn't, because I wouldn't do that, ever-so I'm pretty sure it was his GF impersonating me). Here's my dilemma: Each time I call NAVIENT, I take notes as to who I talk to and what is said, and each time I re-confirm that the loan is a PRIVATE/"Career Training" loan. Last time I spoke with them in May, the woman assured me that by May 25th, all account activity would be closed out on the loan, and they would cease withdrawing money from my ex's account too. Oh yes-I forgot to add that throughout my ENTIRE bankruptcy stay, they continued to mail me "this is not a bill" notices and emailing me notifications of when the next payment would be drafted. Today when I called, I asked to speak with their BK department. The lady on the phone tells me they "don't have one"............{crickets}..........hold on-let me look at my driver's license again-because I'm pretty sure it doesn't say I was born YESTERDAY! Basically, they are blowing smoke up my @$$ and telling me what I want to hear just to shut me up, meanwhile lying to me and continuing to take $$$ from my ex's account (which, believe me-sounds much better than it is-because he makes sure I hear about it and demands payback-even though I've told him its discharged and to stop making payments on it) and continuing to contact me-even if it's just to "notify" me when they're going to take $$$, and technically not trying to collect. I didn't use a lawyer-I did everything pro se, but isn't it illegal for them to continue this behavior?! What can I do about it? They're really starting to piss me off and I want to report them to SOMEONE. Can anyone give me some advice? Thx in advance.
2 REPLIES 2
krielly
Established Contributor

Re: PRIVATELY student loans and BK7?

If your ex was a cosigner on the loan and did not file bk with you then he is not absolved of the debt i don't believe.


You can't have your cake and eat it too. But you can dip your finger in the bowl and lick the icing!
Message 2 of 3
despritfreya
Frequent Contributor

Re: PRIVATELY student loans and BK7?

"I have a PRIVATE student loan that is being serviced by Sallie Mae/NAVIENT, that was included AND discharged in my BK7."

 

Why do you think this private student loan was discharged? Did you file a Complaint against Navient under 11 USC 523(a)(8) and obtain a judgment discharging the loan? Your general discharge would not discharge a private student loan if it qualifies as such under the definition contained within 523(a)(8) - regardless of what Navient calls it. Google the Code provision to verify.

 

"I've told him (ex-husband who co-signed) numerous times that the loan is DISCHARGED."

 

Not correct.  Even if the loan was discharged, your Discharge does not protect a co-signer. Your ex remains 100% liable and collection against him is proper.

 

I recommend that you consult with a local bk attny to verify your rights before you fly off the handle and say or do something you may regret later.

 

Des.

Message 3 of 3
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