We filed for BK back in 2015 before the new law went into effect. When our BK was discharged, we assumed that all debts were discharged including some student loans because our lawyer didn’t say otherwise and neither did any of our court papers.
Well fast forward to yesterday, I received a letter in the mail from collection agency, telling me that they have been assigned to collect on a $7,500 student loan plus $720+ in interest and a penalty of $1900+. I tried calling my attorney but only got the answering machine, I even went down to his office and there was no one there. I went to the attorney’s office next door and the receptionist said she hasn’t seen anyone at the office in quite awhile.
So here are my questions,
How do I find out if this was included in the bankruptcy or I still am responsible for it? I have read in several places where some student loans were discharged but it says to contact your attorney for further information.
So now that my attorney is no longer available due to whatever circumstance, who can I go to, to get the information? Can I go to the BK Court clerk’s Office, to another attorney or am I just plain out of luck?
Any feedback would be greatly appreciated!
Hello im no expert but i would go to the clerks office and request a copy of my bk petition. and some loans are not dissmissable so that might be the issue here.
I did not have to file bankruptcy so I don’t have much personal experience with it, but to be of help to other people I did some extensive research about bankruptcy and one of the things I read over and over again is that there a certain things that can’t be discharged – this was before the laws were changed – they were student loans, legal fees, alimony and or child support.
The other thing about the lawyer, I had to at one point in time deal with a deadbeat lawyer – I paid him upfront for services for my divorce. I could never get a hold of him, he never answered any of the messages I left, when I stopped in his office, he was never there. At one point I called him once a day, everyday for nearly a month. What could have been resolved in about 4-6 months of time, took him close to a year and a half. It was a very quick and easy divorce since my ex-husband had completely disappeared. Obviously he had more important things on his plate than my little divorce case.
I had to file a formal complaint to the Bar Association in my state to put him back on track with the services he owed me. Then on the day of the court date, he was late because he forgot he was supposed to be there, I had to call him and threaten him to be there as fast as possible -ten minutes before I and my witness were supposed to go into the court room. If you still get no response, maybe that’s the next step for you. Especially if you’ve been paying for the services, otherwise if there circumstances beyond his control, he should have a partner of somesort to handle his pending clients… I would think.