Legal Question in Credit and Debt Law in Michigan

Discharged school loan - still being harassed

We filed ch. 7 back in early 2002 and included a bank one education success loan at our lawyers urging. To the best of our knowledge, we think that this was a private loan since it was funded by Bank One. After the discharge, we began getting calls to collect on this loan from Wells Fargo NA (guess they took it over...?). We never questioned them as we thought that maybe it couldn't be discharged. We then filed ch. 13 (at a 2nd lawyers urging since the first lawyer said ''tough luck - can't you get a relative to help you...'') to put the payments into a payment plan. We were just discharged at the end of this summer (2007) and now we are getting the same collection calls from Wells Fargo NA now demanding that we pay the entire original loan amount plus interest. We, once again until now, did not question this even though we have not received anything in writing. We are in the process of trying to refinance our home to borrow the extra to pay them off. I started questioning things just this week and now I am thinking that this loan was discharged succesfully and they had no right to collect on it back in 2002 as well as no right now in 2007. Should we even be entertaining the idea of paying these people back or have we been taken?


Asked on 11/30/07, 8:00 pm

2 Answers from Attorneys

Rochelle Guznack Law Offices of Rochelle E. Guznack, PLLC

Re: Discharged school loan - still being harassed

Most student loans are not dischargeable, federal or private. Ideally, you should present these questions to your bankruptcy attorney who can tell you exactly how yours were treated in your bankruptcy.

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Answered on 12/03/07, 1:26 pm
Renee Walsh LawRefs Nonprofit

Re: Discharged school loan - still being harassed

You should take a look at your bankruptcy petitions to find out if the loan was included. If it was, then there should be an order for discharge which you can then send on to the creditor.

Do not pay if you think it has been discharged.

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Answered on 11/30/07, 9:32 pm


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