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Sudent Loan Issues In Bankruptcy

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Sudent Loan Issues In Bankruptcy

Hey all.

First of all I want to say that I enjoy reading all of the posts that everyone makes.

My post will be some venting and some question to people out there as I'm sure you guys have dealt with this before.

Secondly, I am very very good with bankruptcy, I have filed my chapter 13 (while I was married pre law change) and after.

I can admit that my best friend is a bankruptcy lawyer so it should be simple for me to ask him this question and get an answer but I'm afraid he doesn't know how to help.

The problem:

In 2000 I obtained (2) 1,600 dollar student loans from Utah Higher Education here in Salt Lake City, Utah. In the end of 2000 I was forced to file a chapter 7 which as everyone knows School Loans aren't dischargeable. Well I was still in a period where the loan was deferred after that. Up until this point let’s say the end of 2002 and into 2003 no issue.

In 2001 I got married (mistake) my x-wife is HORRIBLE with money, checking accounts, well anything to do with money. Because of the way that she handled our finances and my lack of taking control I was forced to file a chapter 13 with her in 2003 and the Student Loans were added. This case lasted about 8 months before it was dismissed for failure to make plan payments.

Then in 2004 it was refilled again, same thing happened about 9 months later I found out in the mail one day that she had been taking the plan money spending it and not sending it in and hiding the motions to dismiss.

Then in 2005 I refilled again and threatened her with in an inch of her life that she cannot screw this up.

So at this point the first filing I did the chapter 7 was because I cosigned on several things for family members, who drove me into bankruptcy because I couldn't afford to pay everyone’s stuff all at the same time.

Getting married ruined it even further so in 2006 I divorced my wife. Part of our divorce decree stated that I pay 50% and she pays 50% of the plan payment, well as you can tell so far in my story, this ended up not working out.

At this point I decided to file a motion to Bifurcate myself out of the case because she wasn't paying her half.

So with my friends help (the lawyer) we decided that the best way forward is to refile yet AGAIN this time by myself with only my debts in it.

So, in case anyone hasn't kept track that is 1 Discharged 7 and (2) Dismissed 13's and (1) Bifurcated 13 and (1) Refile on my own.

Now, the great news is that Majority of the BK filings have fallen off of my credit, the Bifurcated case doesn't show me in court records so it was removed from 2 of the CB.

Well upon reviewing my credit reports I noticed this.

problem at hand

So, at this point I'm thinking to myself, I know I only have 2 student loans through them. I think that is 1 account.

So I call up the place and say to them " Hey, I was reviewing my credit report and noticed that you have the same account listed 4 times total, 2 of them have the same account number, the other 2 have the same account number. It should show up as opened in 08/2002 and the balance is 1,300 dollars and it should show up only 1 time as a wage earner plan"

The lady says to me, “Well I don't see you currently owe us anything, I will send you a letter stating this and you can dispute this with the CB"

I get the letter in the mail, send it off, they all come back verified.Smiley Mad

So today, I call them up and they say “well sir, because you have filed for bankruptcy multiple times, every time you file we transfer the account between departments and each time we report it to your credit reports."

I'm thinking to myself, wow that has to be unmoral and against the law and just plain wrong.

I asked for the person who deals with Bankruptcy and the lady gets on the phone and says “Sir, our information is correct, you can dispute the information and we will update it as it should be."

Again thinking to myself... This didn't work before even with their letter.

I tried to explain to the lady " Well, you don't understand since 2003 I have been protected by the automatic stay, According to my credit report you have reported these accounts in 2009 which is well into my current chapter 13 case and on top of it seems you guys are doing this to drag me down into the mud because you have to wait for your money and you’re doing it to hurt me as much as you possibly can"

The lady says “sir, you just don’t understand"

At this point I hang-up, very upset that such a simple thing couldn't be figured out between the 3 people who I talked to.

It isn't that the account was sold/transferred to a totally different company, It is litterly the same company as you can see in my above picture ( from my actual report today).

I asked my lawyer and he isn't sure what to do.

I saw this Experian Ask Max  which seems to sort of be what I'm dealing with now, not only are they not reporting the date opened correctly , the balances are incorrect and they have listed them multiple times by changing their own account numbers. You can see the actual amounts are the same in each duplication.

At this point I am not sure how to correct this.

Hopefully someone here might have a good idea. My first thought was to question if they violated the automatic stay and I can go into court and try to get them with sanctions for not stopping their collection against me. In my mind, they are using my credit report as the method against me.

But then we get into how the FACTA actually plays into Bankruptcy.

Thanks for reading this HUGE post.

There is good light at the end of the garbage dump of a situation.

My credit scores aren't bad really! They are all almost 600 + now the Experian credit score they show me on their website is 659.

Any ideas?
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