Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

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"Returned Mail"

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  • "Returned Mail"

    I was checking out PACER today, and saw this listing under History/Documents that I missed before. It says that the letter to creditors about the 341 mtg sent to one of my student loans came back as undeliverable. How do I fix this? I've already had my 341, never planned on trying to discharge this debt, but don't want anything to screw it up. Should I call my student loan company and say hey, I tried to get the court to send you my BK stuff but it came back?

    I never got the letter from the court about this, or I would have fixed it before the 341. I didn't even see it until tonight. Thank goodness it was this kind of creditor and not one of those other sharks I have included.

    (This explains why this student loan isn't in deferment though! I wondered about that!)
    Chapter 7 filed 4/23/07
    341 Meeting 5/22/07
    Last day for Objections 7/23/07 - Discharged 7/25/07 - Closed 7/31/07
    On to rebuilding!

  • #2
    When it comes to student loans, they cannot be included/discharged in your bk. Student loans are fed moneys that cannot be discharged--at least that's what my experiences were with everyone I knew who tried to have it included. Also, my bk lawyer told me upfront that student loans could not be included.

    If they sent the bk "stuff" back to you, start paying your loans again. Otherwise, you'll only wind up beating a dead horse if you don't--even worse--your student loans could default--causing excruciating penalties, much higher interest rates, and garnishments from your wages. If you are behind on them, call and schedule plans to get it paid up to date since you stated you are not currently in deferment.


    • #3
      I didn't want them discharged, but they still needed to have info about the 341. My other student loans put me in deferment until after discharge, but because these people don't even know I've declared BK, they haven't.

      I'm just wondering what would be the best way to notify them. Call them and request the address where it should be sent and modify the matrix?
      Chapter 7 filed 4/23/07
      341 Meeting 5/22/07
      Last day for Objections 7/23/07 - Discharged 7/25/07 - Closed 7/31/07
      On to rebuilding!


      • #4
        Perhaps it was a simple mistake that it was undeliverable and sent back to you. Try again--perhaps provide documentation. Also, if you are behind on payments and a deferment was not granted by this lender, your only other option may be to apply for a forbearance, where your payments will cease or be cut due to economic hardship up to one year (perhaps even longer depending upon the specific situation). Either way, you need to contact them by phone to discuss your options. If you continue to wait for a deferment and it has not been granted, do NOT neglect to pay your loan payment; otherwise, it will appear as a past due 30 days, 60 days, etc. on your cc's. Having an outstanding balance will only make it harder to pay in the long run if you don't act fast in contacing your lender.


        • #5
          Let me restate my question.

          The address on the matrix was wrong. How do I fix this, even though it is after my 341?
          Chapter 7 filed 4/23/07
          341 Meeting 5/22/07
          Last day for Objections 7/23/07 - Discharged 7/25/07 - Closed 7/31/07
          On to rebuilding!


          • #6
            Is the address wrong because of a mistake you made, or is it simply an old address that is no longer valid.

            In any event, all you have to do is file an amended petition (the court will probably have an Amended Petition Cover Sheet that you can download). Since you are changing an address, you may have to pay an additional fee (something like $22.00).


            • #7
              I think it's an old address that's no longer valid. It was the address that I've sent things to before, but they have a new address on their website. I'll call my lawyer then instead of them.

              Chapter 7 filed 4/23/07
              341 Meeting 5/22/07
              Last day for Objections 7/23/07 - Discharged 7/25/07 - Closed 7/31/07
              On to rebuilding!


              • #8
                You don't have to change the matrix. You can can mail them a copy of the notice yourself.
                Chapter 7 Pro Se....Discharged Feb. 2006


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