I will try to keep this short, but detailed info is important.
I attended college via financial aid (Direct Loans) for Fall of 08, and Spring of 09. I failed my classes in Spring term, and financial aid did a setback of the aid amount, leaving me owing the college 664.00. I understand direct loans is NOT dischargeable, but my lawyer said the 664.00 to the school (as it is owed to the school, and not Direct Loans) is.
I filed Ch. 7 on 8/7/09, and included the school in the filing.
10-5-09 - I received a letter from the school demanding payment and threatening collection agency action.
10-15-09 - I got a phone call from the school, they asked for me and I told them "she isn't available right now". (I was at work)
@10-20-09 - I received another call from the school, I told them I filed BK and gave them the case #.
10-30-09 - Received call from collection agency who SCREAMED at me on the phone claiming this is not dischargeable. I demanded they talk to my lawyer.
11-2-09 - I emailed my attorney telling him we needed to do something about this, he has not replied to this particular issue.
11-6-09 - Received another letter from the school, this time demanding 2126.00 and again threatening collection action.
Today, I see the extra money they are trying to charge me is because I had a overpayment in Fall 08 of 1462.00 which was applied to Spring term. (I have the paperwork to prove this) leaving a balance of 664.00. But the school is now wanting to charge me the 2126.00.
I meet with my attorney tomorrow morning, but if he don't want to do nothing with this...what options do I have? Even student loans that are not dischargeable can not harass you during active BK. Just to be clear, my payments to Direct Loans are not scheduled to start until December, so I am not behind.
Suggestions?? I know if I don't do something now, I will continue to have problems with them once discharge comes (should be next week).
I attended college via financial aid (Direct Loans) for Fall of 08, and Spring of 09. I failed my classes in Spring term, and financial aid did a setback of the aid amount, leaving me owing the college 664.00. I understand direct loans is NOT dischargeable, but my lawyer said the 664.00 to the school (as it is owed to the school, and not Direct Loans) is.
I filed Ch. 7 on 8/7/09, and included the school in the filing.
10-5-09 - I received a letter from the school demanding payment and threatening collection agency action.
10-15-09 - I got a phone call from the school, they asked for me and I told them "she isn't available right now". (I was at work)
@10-20-09 - I received another call from the school, I told them I filed BK and gave them the case #.
10-30-09 - Received call from collection agency who SCREAMED at me on the phone claiming this is not dischargeable. I demanded they talk to my lawyer.
11-2-09 - I emailed my attorney telling him we needed to do something about this, he has not replied to this particular issue.
11-6-09 - Received another letter from the school, this time demanding 2126.00 and again threatening collection action.
Today, I see the extra money they are trying to charge me is because I had a overpayment in Fall 08 of 1462.00 which was applied to Spring term. (I have the paperwork to prove this) leaving a balance of 664.00. But the school is now wanting to charge me the 2126.00.
I meet with my attorney tomorrow morning, but if he don't want to do nothing with this...what options do I have? Even student loans that are not dischargeable can not harass you during active BK. Just to be clear, my payments to Direct Loans are not scheduled to start until December, so I am not behind.
Suggestions?? I know if I don't do something now, I will continue to have problems with them once discharge comes (should be next week).
