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Pro-se, Auto-stay, Sallie Mae

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  • Pro-se, Auto-stay, Sallie Mae

    Since filing for Chapter 7 Bankruptcy pro-se in December, I was under the understanding that an automatic stay entered into place whereby a creditor is required to cease collection efforts against me. Since that time, I have been receiving non-stop calls and letters from Sallie Mae and their guaranty agency partner, in a joint effort to collect my student loan debt. Also, the amount of past due interest seems to be growing exorbitantly. I have communicated with them both explaining that I had filed Ch. 7 and should be expecting notification of whether or not my case would be considered for discharge; however, neither party has relented on their ceaseless attempts to collect.

    If they are exempt from the stay because they represent a federally backed debt, I have not found documentation to support that, but if not exempt, should I simply avoid their efforts until a judgement had been entered, or do I have rights to be left uncontacted according to the Stay?

  • #2
    4bees welcome to the forum!

    so your bk was discharged? was it a no asset 7?

    after the discharge the stay is lifted so they can continue to attempt to collect IF you did not list them on your petition. did you list the mortgage and did you mark retain, reaffirm, surrender or other for the collateral attached to that loan?
    8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

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    • #3
      Hi - thank you for helping me clarify: It has not yet been discharged. I filed in December, had the 341 meeting in January where the Trustee deemed it a no asset case. The loan in question is a federal student loan consolidation, not a mortgage, and Sallie Mae is the lender. They NEVER ceased (stayed?) on their collection efforts at all, while the remainder of my creditors did. They have been exasperating in their calling, emailing and written efforts.

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      • #4
        Those who know more about student loans will be along eventually, but here is my inexperienced take:

        While you cannot make them go away permanently, they should be laying off until the stay is lifted. Maybe you can get them for sanctions? Worth a shot since you are brave enough to pro-se. I'd ask a consumer protection lawyer or bootcamper bk attorney in a free consultation. At 1K a shot it could help pay off your loans

        Like your little rhyme btw, and WELCOME to the forum. Please keep posting as many can benefit from your pro-se experience.

        You did list them on your petition, right? so they got notice? even though they can't (easily) be discharged?

        Keep On Smilin'

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        • #5
          Generally, if a student loan is listed on the BK petition it will go into an automatic forbearance status - but not always. That said, it is not a dischargeable debt and Sallie Mae will not cease in their efforts. Have you continued to pay? Unless you received notice from Sallie Mae that your loan was in forbearance it is still active and subject to increased interest rates as well as monthly penalties.

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          • #6
            usually they will work with you and give you the forbearance, shoot, i know someone that has been on a forbearance for 5 years...not good about the interest, but at least they are at bay for the moment until their financial situation improves.

            you may try to contact them and see if they will work with you once the discharge goes through.
            8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

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