Question About STUDENT LOANS, Any HELP PLEASE

[thelitman]

Hi, I filled BK on 10-14, and it was finally discharged and case closed as of yesteday! I am debt free except for student loans which I do understand, and will gladly pay them back for helping me get an education. My question though is this. on 10-14 right before I filled My student loans came out of Hardship Forberance. I put my student loans on my bk petition (knowing they would not be dismissed but you are supose to include all debts) but I was told by many once you put them on your bk petition they are not allowed to collect on the student loans (meaning they should be puting them back into forberance) until they either filled for a relif of stay, or once the stay was over after discharge. So I never heard from them or anything. Then all of a sudden I got a call from a collection agency that said I was 5 months past due on my Student loans, and if I did not get this corrected within 1 month that my student loans would default and I would owe the whole ballance. The past due is $1,2000 and I don't have that amount of money. I also filled pro se so I don't have an attorney to talk with nor can I afford one. My question is can they do this? Or if I call the student loan company (loan holder) and tell them that I included this i BK and this should not have been collected on for the past 5 months are they required by law to put this back into forberance (or at least make the forberance cover the past due) Any help would be greatly apreciated.

[keepmine]

I can suggest a forum where you can get that answered. Try the student loan forum at www.creditboards.com
One of the mods is an ex student loan collector and has also worked in financial aid at a university. She can point you in the right direction.

[thelitman]

I can suggest a forum where you can get that answered. Try the student loan forum at www.creditboards.com
One of the mods is an ex student loan collector and has also worked in financial aid at a university. She can point you in the right direction.

I have just submitted to that board thanks for the advice, I will wait for them to reply there thanks a lot. Anyone else have any suggestions

[StaciMM]

I would say to call the lender. Might be something as simple as someone did not note the account correctly.

[tracy1878]

we refi'd hubbys student loans with direct loans... it got us out of garnishment and our payment is only like 40 bucks a month, check them out

[concerned]

Our attorney indicated to my husband and I that student loans are automatically put into deferment until your loan is discharged. We continued paying our student loans anyway, but right after our discharge we both received notices from the lenders that they would resume collecting on the loans and indicated to us what our next payment would be. We didn't receive any such bills during thy BK process though.

It seems as though they shouldn't have been able to collect during the bk, but once it was over they can--that's my understanding anyway. One thing I will say, you definitely do not want your loan to default so I would call the lender right away. One thing you can also do is consolidate, provided you haven't already. If you have a student loan that was in default and you consolidate it, the default status is removed.

Good luck to you!