School Loan and another ?

[mystiquemia]

[mystiquemia]

I talked with my Atty. he said its a 50/50. UGh! I dunno tho. I want to pay if off right away, so I am saving all my money (that will be the only debt I have).

[anonymuse]

I had to pay back an overpayment on unemployment since the company I was working for lied and said I was fired when in fact the work dried up since the two people's jobs I was documenting left (one in hospital, other up and quit--wonder why ;) ). Was it that kind of situation for you? They have to give you some kind of explanation.

[SinkingFast]

The unemployment probably won't be dischargeable. On the Means Test, it's not income that you include anyway. It's like Social Security. It's exempt. So you'll probably have to repay the overpayment. But like Anon said, they have to give you a reason and dates the overpayment was made. So invest a little time writing the Dept of Labor a letter questioning/disputing the amount and the dates. That will at the very least buy you some time on that issue. Until they provide you complete information about what they want and why, the State cannot collect. At least that's my understanding. Legal process. Dot the I's and cross the T's kind of thing.

The student loan will totally depend on the type of schooling, the Lender, when the debt was incurred, and you're own personal circumstances. Some posters have had some student loans discharged while others weren't. Also, you're own personal circumstance comes into play there as well. If the Court feels you have a medical condition or other personal crisis that would place undue hardship on you to repay the student loan, the Court can decide to discharge the debt. Someone posted a link to an Opionion a while back where the US Trustee ruled to discharge all but one of a BK filer's student loans due to disability and lack of ability to pay.

[mystiquemia]

No I was clearly laid off. There were about 100 of us from the call center. I still have the papers. I wasn't able to collect for a month because we got a severance pay. I talked to my friend that and she got the same paper. But there is nothing on it at all, reason why or dates from when, and I only collected unemp. 1 time.

The school loan is from a private school a cosmetology school. Gets no Gvmt, funding ect. So I guess Ill find out.

[SinkingFast]

Same thing happened with Hubby when he got laid off. We couldn't start his unemployment right away because of the way the company paid out things. Hubby was actually laid off 6 weeks before he could even apply for Unemployment due to the way the company paid out the Severance package. The State required that all payments from the employer be completed, then a 2 week waiting period, then he could apply for unemployment.

I wasn't disputing you were laid off. I was just saying if they did over pay you, you may not be able to discharge that debt in BK. Some debts cannot be discharged in BK and this may be one. Kinda falls into a gray area. It's not money you owe because you accidentally injured a person, alimony, child support. Things that are expressly spelled out in the New Law.

I was suggesting you write the letter questioning the letter they sent you. Make them specify the $$ amount and dates involved. By requiring full disclosure from them, you buy time for yourself.