Legal Question in Bankruptcy in Florida

14 Year Old Discharged Student Loan

I filed for Chapter 13 Bankruptcy about 14 years ago, included was a student loan. Recently, the Student Loan folks contacted me indicating that the loan needed to be paid. I forwarded copies of the Bankruptcy papers to them, they evidently did some research on their own and replied informing me that the Bankruptcy was performed incorrectly and that I still was responsible for the Student Loan. My feeling is that if there was a problem or a claim, it should have been made within a reasonable amount of time after the discharge and 14 years is not a reasonable amount of time. Am I still responsible after all these years?


Asked on 11/08/02, 10:37 am

1 Answer from Attorneys
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: 14 Year Old Discharged Student Loan

If your facts are accurate, then do not pay. If you are sued on the alleged debt, I urge you to retain competent counsel to protect your interests. If you prevail, you would have a claim against the collector and agency for violatons of the Fair Debt Collection Practices Act.

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Answered on 11/08/02, 11:20 am


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