Automatic Stay & Student Loans

[whywhywhy]

I do know that student loans are not able to be discharged. However, I am not aware of any exception for them from the automatic stay. I have continued to recieve calls for a private student loan, that I co-signed on, asking for payments. They have even called family members. I know that they know about the bankruptcy, because I have told them twice now and given them the case number and my lawyers info. The one today flat out told me that it does not apply to them and that collection action will continue. Does anyone know if I am right or are they right?

Thanks much

[HHM]

They would be in violation of the automatic stay...the automatic stay applies to ALL creditors regardless of whether their debt can be discharged.

[EveryDayAdam]

as long as your BK is still active, and the automatic stay is in effect, then they can not attempt to collect the debt.

If you are in a chapter 13, the stay is in effect for the entire duration of your BK...all 60 monthly payments until you receive the discharge notice.

If you are in a chapter 7, then the stay is in effect until discharge, dismissal, or closure.

Definitely report the activity to your attorney...try to record the calls if you can...easy action against them for some quick $$ in your BK case.