Question regarding student loans

[cosmogal]

My husband and I both have students loans. When I filed for bankruptcy it was originally a chapter 13 and then now a 7. Both loans were listed in my bankruptcy. During the time my husband never heard a thing from his student loan, however I continued to pay mine when I had to money, even filing a forebearance and never recieving it. I question them about it once as to why if I am in a bankruptcy why they are still collecting. They didn't inquire at all as if they were listed. Recently it got discharged in september. Still nothing from my husband and mine keep calling me. I emailed them and asked why I was never put in a forbearance and they informed me that they never recieved any of my bankruptcy notices. I then sent them via email with my bankruptcy and even bolded out the section where it says they are listed. Now I know most students loans that are listed are not eligble for discharge and some are. How do I know if mine is of the exception or not? Does it matter that they say they did not get the notice? I am a little angry that I have been called almost everyday with them and even when I told them, no one checked! Now I am behind on my payments. I could fill out a forbearance, but not sure I will even qualify again and now that my case is closed, I am not sure what to do. Its crazy!

[AngelinaCatHub]

My husband and I both have students loans. When I filed for bankruptcy it was originally a chapter 13 and then now a 7. Both loans were listed in my bankruptcy. During the time my husband never heard a thing from his student loan, however I continued to pay mine when I had to money, even filing a forebearance and never recieving it. I question them about it once as to why if I am in a bankruptcy why they are still collecting. They didn't inquire at all as if they were listed. Recently it got discharged in september. Still nothing from my husband and mine keep calling me. I emailed them and asked why I was never put in a forbearance and they informed me that they never recieved any of my bankruptcy notices. I then sent them via email with my bankruptcy and even bolded out the section where it says they are listed. Now I know most students loans that are listed are not eligble for discharge and some are. How do I know if mine is of the exception or not? Does it matter that they say they did not get the notice? I am a little angry that I have been called almost everyday with them and even when I told them, no one checked! Now I am behind on my payments. I could fill out a forbearance, but not sure I will even qualify again and now that my case is closed, I am not sure what to do. Its crazy!

When they called, did you ask them not to call again? Did you give them your docket number? It was your choice to continue to pay them while in automatic stay. Most student loans are not dischargeable. I don't know of any that are so you teach me when you find out or someone will chime in.

You may have a bit of a hammer if they will not work with you in the fact that you can prove they got notice and still harassed you. You could have and probably still can sue them for breaking the law and ignoring your automatic stay. 'Hub

[cosmogal]

Thanks! Yeah it was pretty stupid of me to continue to pay them. I was thinking though, since I was in a chapter 13 and when I look on 13datacenter.com, they are listed in my claims. So I believe they had to have known. Someone was not doing their job. I just figured they had the right to call me cause they are not a dischargable debt from what I was told. I learned on this site that they are suppose to put me on a forebearance! My attorney is coming in to see me on tues as I do her hair and see what she thinks I should do! I should have found this site sooner!!! Any info I find I will share!

[backtoschool]

No student loans are eligible for discharge unless you file an adversary proceeding which is a separate trial, and try to get a hardship discharge. To get a hardship discharge you have to prove that you will never be able to work or earn money again for the next 30 years. It's very hard to prove this.

In a chapter 13, student loans typically go into forbearance once the bankruptcy paperwork is received. In a chapter 7, the loans go into a bankruptcy deferment until discharge. Interest accrues in both cases.

You will not be liable for the payments when you are in bk, and that will be retroactively figured out. I would definitely get your attorney involved.

[cosmogal]

Thanks!!! I will definately talk to my attorney to find out why I was never in a forbearance and why they say they never knew since on my chapter 13 it shows that they made a claim! So they have to be lying to me! This is why my husband never heard anything from his cause they had him in a forbearance! I probably will soon though. Interesting. Thankfully the payments are not that high and the loans are not huge either so we should be good either way, but I was wondering what was going on. Thanks!

[tcreegan]

Hi cosmogal,

When dealing w/ student loan servicers, remember my brother Eds law: Never attribute to malice things adequately explained by ignorance.

Tom in Colo

[AngelinaCatHub]

Well that above all being said, is forget it. At least you paid ahead and at no real loss as you would have paid anyway. B2S stated it right on, you would have accrued more expense in interest anyway. Forget it at this point. 'Hub

[cosmogal]

True, my only issue with the fact that I have paid was that I couldn't pay it every month so they have me in arrears which could send my loan into collections cause they wouldn't give me the forbearance. Its so not fair. It was harder to make those payments when I was in the chapter 13. I had to get out of that! I just couldn't live with the stress anymore of that 13. Now that I am out of it, I am trying to get ahead. Had to get another vehicle since we surrendered it and trying for a mod, which I don't think we will get. Just have that feeling. Chase has been back and forth with me. Not even sure I want it some days just so I don't have to deal with them. Well, I am going to try and catch up on my payments and just deal with it as much as I can.
Thanks everyone!

[AngelinaCatHub]

True, my only issue with the fact that I have paid was that I couldn't pay it every month so they have me in arrears which could send my loan into collections cause they wouldn't give me the forbearance. Its so not fair. It was harder to make those payments when I was in the chapter 13. I had to get out of that! I just couldn't live with the stress anymore of that 13. Now that I am out of it, I am trying to get ahead. Had to get another vehicle since we surrendered it and trying for a mod, which I don't think we will get. Just have that feeling. Chase has been back and forth with me. Not even sure I want it some days just so I don't have to deal with them. Well, I am going to try and catch up on my payments and just deal with it as much as I can.
Thanks everyone!

Well, best to make the best out of a bad situation. Address them in person by phone and follow up in letter as to what they did. See if they can give you some kind of relief or cancel any kind of penalties.

That being said, you know it has to be paid, go forth with the rest of your healing, put this aside (after a worthy attempt) and start your new life over. Best you can do, right?