Discharge debt...OOPS???

[rachel_sue_h]

My bankruptcy was discharged back in 2006, on my credit report havE 3 debts from Wells Fargo that show up (private student loans). I contacted Wells Fargo and they told me that two of the debts had been discharged, but one was still in my name.... I've been paying the one in my "name" for several years, to have my mortgage rep tell me I shouldn't be because the debt was discharged.

Anyway, after all this time, and two thousands dollars later can I just stop paying this debt?? Or is this going to cause a problem?? Have unofficially REAFFIRMED the debt???

[JRScott]

If its a student loan debt usually those are not discharged under current law, did you file prior to Oct 2005?

[rachel_sue_h]

its a student loan but its considered private / alternative and I filed...in March 05.

[JRScott]

I'm not sure about its status then, I'm not familiar with the laws prior to the bankruptcy reform. Hopefully HHM will come by or one of the others that knows that area good.

[ready2puke]

Maybe you can get your money back? Wouldnt that be a terrific Christmas gift...

[banca rotta]

its a student loan but its considered private / alternative and I filed...in March 05.

This should be dischargable. It must be private (not federal) and you must have filed before October 2005 change which you did.

[rachel_sue_h]

I've paid a lot of money into it...it is on my credit report as it was back in 05 with a balance of $4k. I've paid over $2k into it!!! AND.... it shows on statements but still sits on the credit report as such....

unreal that i didn't know and I've been paying on this time. I've contacted my lawyer and hopefully I'll confirm that I don't have to pay it anymore!!!! Maybe I can get my cash back? I have records of all the payments made.

[HHM]

If you did not file and adversarial proceeding in your bankruptcy to determine if the loan can be discharged, then it is NOT discharged.

[rachel_sue_h]

I do not know if I did an "adversarial proceeding"?? But I had 3 student loans all thru the same bank, wells fargo. They were private / alternative student loans. Two of the loans were discharged and they said the 3rd was not. After meeting with the mortgage rep he said based on what is on my credit report it means the third was discharged too...but I need to make sure first. I contacted my lawyer and I hope he'll actually have my case info.

[JRScott]

Good luck I hope he can answer your questions. Funny thing is if it was discharged and their trying to collect they are violating a court order....keep all those letters from them and such .

[HHM]

I do not know if I did an "adversarial proceeding"?? But I had 3 student loans all thru the same bank, wells fargo. They were private / alternative student loans. Two of the loans were discharged and they said the 3rd was not. After meeting with the mortgage rep he said based on what is on my credit report it means the third was discharged too...but I need to make sure first. I contacted my lawyer and I hope he'll actually have my case info.

If you don't know that you did, then you didn't.

Keep in mind, your credit report is NOT A LEGAL document that depicts the status of your debt. Just because your credit report reflects a particular entry, i.e. included in BK, does not mean the debt has been legally discharged.

The private/public distinction on student loans does not exist anymore. Unless you filed a lawsuit in BK to dispute the dischargeability of the student loan, then its a good bet they are not discharged. The bank may not be willing to collect any more, but some $12 per hour rep at the bank is not going to understand the legal distinctions here.

[rachel_sue_h]

I spoke with my lawyer and he said what makes this loan different than the other two? And there is really nothing that makes them different they are all owned by the same bank and all private alternative "student" loans. He said well then you should not be paying it. He said he could not determine this but that I should contact Well Fargo and dispute it?? Gawd, the thing is that I'm buying a home now doesn't seem like the time to stop paying a debt to find out if its been discharged or not...

What would I say to Wells Fargo? My account status has been updated as though the account is still open...