Student Loan collection calls

[lovescats1956]

I'm in Chapter 7 (waiting for discharge). A while back I had talked to my student loan company and they said I didn't have to make a payment until discharge because I was in bankruptcy. I thought that was the end of it. I'm starting to get calls from a collection agency for said studen loan. Isn't that against the law or something since I've filed bankruptcy?

[lrprn]

I'm in Chapter 7 .. I'm starting to get calls from a collection agency for said studen loan. Isn't that against the law or something since I've filed bankruptcy?

Yes, it is a violation of the automatic stay, even if the student loan is not discharged in your Ch 7. Have you told the collection caller you are in Ch 7 and given him/her your case number?

[lovescats1956]

Yes, it is a violation of the automatic stay, even if the student loan is not discharged in your Ch 7. Have you told the collection caller you are in Ch 7 and given him/her your case number?

Yes, they knew I was in chapter 7. In fact, I called about when I should start paying back on my loans and they told me they were on hold until discharge.

[lrprn]

Yes, they knew I was in chapter 7. In fact, I called about when I should start paying back on my loans and they told me they were on hold until discharge.

Then the only reason for a collection agency to call you repeatedly before you are discharged and closed is if they are trying to collect money. That is a direct violation of the automatic stay.

If you have a lawyer, please let him/her know immediately about these contacts.

If you don't have a lawyer, then send the collection agency a strongly worded certified letter return receipt giving them your Ch 7 case number and telling them that if they do not cease contact immediately, you will file a complaint against them for violating your automatic stay with the local bankruptcy court.