Legal Question in Bankruptcy in Florida

Judgement sought against me almost 10 yrs after discharge

HELP! I received a letter from states attorney about judgement being processed against me for student loans from 1986 I thought were discharged in 1991. Have been waiting until October of this year for the ten-year period of credit grief to come to an end. Now a judgement proceeding hits and I have to respond within another week and don't know which way to turn�. I thought that all my debts were discharged and have been fighting collections by creditors since 1994. Each time I sent letters and copies of my discharge notice the creditors relented. The last time was last year when collectors were trying to garnish my wages for 1986 debts and I almost lost my job over it. At their request I got a copy of my bankruptcy case and sent it. They sent a letter that they were taking me off any offset collections proceedings. Now I get notice of a judgement being filed. IS THERE ANY POSSIBILITY OF RELIEF or does anyone know how to go about paying a dime on the dollar with payments, etc. as I am just now beginning to see a light at the end of the tunnel in my career and financially� NOW THIS! OUCH� I am frustrated as I thought my legal counsel in 1991 did his job PLEASE HELP�


Asked on 2/11/01, 2:51 am

1 Answer from Attorneys
Wendell Finner Wendell Finner, P.A.

Re: Student loans and bankruptcy

In 1991 student loans were not discharged in bankruptcy unless they had been in repayment at least 7 years before the bankruptcy was filed. Since your first payment was due after 1984, you will need to make appropriate arrangement with the creditor (most student loan programs have a variety of arrangements available including a disability forgiveness), or file another bankruptcy if you can prove to the bankruptcy court that repayment of the student loan would impose an undue hardship on you and your dependents.

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Answered on 3/22/01, 9:44 am


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