My attorney told that my student loan met the criteria to be discharged because of when it originated. One year later I have found out that a letter was sent to him a few months later notifying him that Sallie Mae could resume collection. Is this possible?
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Only in very rare cases can student loans be discharged. More information is needed however before we can answer about your case. When did you file/discharge? How old is the student loan? What kind of loan is it?
-ViperState: New York
Filed: 10/7/2005 :(
341: 12/9/2005 :clapping:
Last day for Objections: 2/7/2006 :yahoo:
Discharge & Closed: 2/17/2006 :D :D :D -
Student loan
The student loan originated in 1982. Filed in 3/05 dischared in 6/05. The attorney said that loans originating before 1990 could be discharged. Do I have any recourse if he mislead me to earn fees?Comment
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Your attorney was incorrect. Student loans were dischargeable under much more generous standards before 10/8/98. Currently, student loans have no statute of limitations on collections and are dischargeable only under the most onerous of circumstances.Originally posted by miketaco View Post
You can ask the Court to reopen your case to order the disgorgement of fees, but if other debts were discharged, you did receive some benefit from the filing and the attorney may be entitled to a portion of his fee.
Brett Weiss
[email protected]
Maryland, DC and Federal bars
Member, National Association of Consumer Bankruptcy Attorneys
--> Read our Bankruptcy FAQ at www.brettweiss.com/bankruptcy/FAQ/br_faq.htmwww.brettweiss.com/faq/br_faq.htm.
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The Small Print: This response is for discussion purposes only.
It isn't meant to be legal advice and you shouldn't treat it as
such. If you want legal advice, speak with a local lawyer
familiar with your state's laws who can review *all* of the
facts and the law applicable to your situation.
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