Pre-October 2005 Bankruptcy and SLM Corp trying to collect on a private student loan.
OK. My wife and I filed pro se in July of 2005. At that time, we included Sallie Mae in our bankruptcy. She has $5500 principle + 3000 interest in a SLM corp (subsidiary of Sallie Mae) Signature Student Loan, plus roughly $40,000 in undergrad stafford loans. We're totally aware that the $40k in Stafford loans are not discharged, and these loans are in In-School Differment as she's now working on her master's degree. However, the SLM private loan, if I don't miss my guess, is over and done with.
Except...Sallie Mae doesn't agree, and they're insisting that it's perfectly alright to demand payment while she's still in school. I guess they expect her to hand over some of her grad aid. They're hounding her, calling 6 times a day ranging from early in the morning to late at night, and generally doing things that look very anti-FDCPA (except they are a creditor and not a collection agency so they can get away with that cr@p). We've already faxed over documentation saying that they need to knock this off. They say 'nah nah nah, we can't hear you, pay up!' Given that we don't think we owe a bloody cent to them, what should we do now?
Already tried calling several lawyer agencies nearby, and all of them are 'student loans aren't discharged in bankruptcy!', much like the sticky at the top of this thread. Is this true given we filed for bankruptcy before the new bankruptcy act came through, and this loan is definitely a private loan?
In the immortal words of LOLcat, HALP!
Except...Sallie Mae doesn't agree, and they're insisting that it's perfectly alright to demand payment while she's still in school. I guess they expect her to hand over some of her grad aid. They're hounding her, calling 6 times a day ranging from early in the morning to late at night, and generally doing things that look very anti-FDCPA (except they are a creditor and not a collection agency so they can get away with that cr@p). We've already faxed over documentation saying that they need to knock this off. They say 'nah nah nah, we can't hear you, pay up!' Given that we don't think we owe a bloody cent to them, what should we do now?
Already tried calling several lawyer agencies nearby, and all of them are 'student loans aren't discharged in bankruptcy!', much like the sticky at the top of this thread. Is this true given we filed for bankruptcy before the new bankruptcy act came through, and this loan is definitely a private loan?
In the immortal words of LOLcat, HALP!