Legal Question in Bankruptcy in Virginia

Reassignment of loan for collection after bankruptcy discharged

I have several student loans that were discharged through Chapter 7 bankruptcy on 02/98, filed 10/97, on 05/98 the student loans were turned over to the ''guarantor'' and now the guarantor is trying to collect and has marked me as write-off, 120+++ days late. I have personally been trying to correct this issue for over a year with both creditors and the reporting agencies but my letters have gone unanswered and the problem still exists. What can I do?


Asked on 5/09/03, 9:47 am

2 Answers from Attorneys
Daniel Press Chung & Press, P.C.

Re: Reassignment of loan for collection after bankruptcy discharged

Student loans became entirely non-dischargeable (absent undue hardship) for bankruptcy cases filed after 10/7/98. So your loans were discharged if they were over 7 years old at the time. Assuming you are correct that the loans were discharged, your remedy lies with a motion to reopen the bankruptcy case and seek sanctions against the creditor and guarantor for violating the discharge. We practice bankruptcy law in VA, so feel free to contact me if you need assistance on this matter.

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Answered on 5/09/03, 10:09 am
John Sawyer Sawyer & Azarcon, P.C.

Re: Reassignment of loan for collection after bankruptcy discharged

You should consult with a bankruptcy attorney, in person and not over the Internet, to determine if the student loans were, in fact, discharged by the bankruptcy. If they were discharged, you will be able to re-open the case and move for sanctions against the party attempting collection.

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Answered on 5/09/03, 10:19 am


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