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    #16
    After reading your story I would contact the school again and have them send a letter to your lender stating you are in school and that the lender needs to revise your status. Secondly I would send a certified letter to the president of the company stating what is going on and how you wish to revise the status of your loan. I would cite from your lenders policy page that you signed when you took out the loan. The fact that you are in school during this whole process means that the lender can not require you to pay the loans back as long as the school and lender have had you sign all the proper paperwork. I would also send copies of the paperwork you signed with the certified letter.

    You have to remember that even though your loans were put into a status of repayment it can be reversed. I am sorry you are going through all this, but as I am finding out it happens way to often. The point is not to give up and hopefully eventually you will get the proper results that you are entitled to.
    Chapter 7 filed on 4/23/2010
    341 meeting on 5/28/2010
    Discharged on 8/19/2010

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      #17
      kartoons -- thanks -- make sure you read the stuff posted on that link I sent because people there have had all kinds of troubles with AES's handling of both their federal and their private loans.

      exployer -- thanks -- my best advice is get everything in writing. All the calls I made to AES they deny half of the converations to suit their needs. I have sent certified letters to AES, to the head of their legal department, too, and it gets you no where, especially since once they defaulted it, they sent it back to the lender (TERI) and now say they get to wash their hands of the mess they made since the loan is no longer with them.

      good luck to you both, too!

      Comment


        #18
        I plan on getting the conversation in writing, plus I have a button on my phone that will allow me to record the conversation. At least that way I have record of what is said. I will let them know that the call is being recorded at some point in the conversation.
        Chapter 7 filed on 4/23/2010
        341 meeting on 5/28/2010
        Discharged on 8/19/2010

        Comment


          #19
          Employer1234,

          That is great that your attorney is still helping you out now that you've been discharged. My attorney is MIA and hasn't called me back in two weeks. My 341 is on Thursday and she hasn't even sent me any info to prepare me for the 341.

          Anyway, I thought that a bk didn't disqualify people from receiving federal loans. In fact I believe there is some verbiage on the Direct Loans website that addresses this issue. I just received a disbursement last week (I applied for the loan prior to filing). Hopefully they will get this straighten out so you can get your loans.
          Filed Chapter 7 on July 30, 2010
          341 scheduled for August 26, 2010 - Done! - Report of No Distribution
          Discharged!!! - November 15, 2010

          Comment


            #20
            Thanks kartoons19. The funny thing is I submitted my FASFA back in January. I filed for BK in April. I am still waiting on Direct Loans to approve my loans. I actually have been to my school financial aid department every week for the last 4 months now. They know me by name. That does give me hope that you have a disbursement check already. I will not rest easy until all of this mess is straightened out. Just be prepared that anything can happen.
            Chapter 7 filed on 4/23/2010
            341 meeting on 5/28/2010
            Discharged on 8/19/2010

            Comment


              #21
              That is strange. It sounds like there is some disconnect between Direct Loans and your school. I submitted my FASFA in March and was approved early July. I know other people on this forum have been able to get their loans as well, so it sounds like they need to get their act together. It's good they know you, but hopefully it will get fixed so you don't have to pay weekly visits to the financial aid office!

              Yes, I am glad I got my disbursement, but now I am worried that the trustee will take it. My attorney said that she should be protect it even though my state doesn't have a cash exemption or wildcard, but given that she hasn't returned my calls in two weeks, I'm not feeling optimistic. I need that money as I was laid off last week, but that is another story . . .
              Filed Chapter 7 on July 30, 2010
              341 scheduled for August 26, 2010 - Done! - Report of No Distribution
              Discharged!!! - November 15, 2010

              Comment


                #22
                My 341 meeting was about 5 months after I received my last student loan. I also had a pretty big tax return. Overall I had about 7000 in money in Feb. of this year in my checking account. The trustee asked where all the money went to and I explained that I had to pay my lawyer, pay for my school expenses, and had to get my present car running. He then looked back through my paperwork and asked if I owed anything on my Lexus, what year was it, and did I have any lien on it. I said well it is a 92 Lexus with a salvage rebuilt title, and no liens are on the car. I told him it was valued at maybe a 1000 dollars. I also said that is why I had to use my money to get it running. I said it is paid for thank goodness and hopefully it will last until I finish school. He started to laugh at me and said I understand. You have to pay your lawyer and have a way to get back and forth to school. He then said no-asset case.

                I would not stress about the extra money. just be honest with the trustee and explain your situation to him/her. The trustee is not there to take everything you own, they are there to make sure that you are staying within the means of the courts and following the laws. I even saw one man able to keep 7000 dollars because he had to pay child support and the trustee can not touch that money.
                Chapter 7 filed on 4/23/2010
                341 meeting on 5/28/2010
                Discharged on 8/19/2010

                Comment


                  #23
                  Thanks Employer for the encouraging words. Since I just got my disbursement, I have about $7500, but after I pay rent and insurance (before my 341), it should be about $6500. I would feel better if the state had an exemption. Even when I was working, I was way under the median. I rent and have an 11-year old car, so outside of the cash, there is nothing I have for them to take. Anyway, I will feel better after Thursday!

                  Good luck with Direct Loans tomorrow. Hopefully they can give you some answers about your situation.
                  Filed Chapter 7 on July 30, 2010
                  341 scheduled for August 26, 2010 - Done! - Report of No Distribution
                  Discharged!!! - November 15, 2010

                  Comment


                    #24
                    Thanks! I hope I get some answers as well. I have been on this forum no-stop all weekend. I have not even completed my homework that is due for first class. I guess maybe my first paper should be about student loan companies and the BK process.

                    Good luck on your 341 meeting!!! Don't stress, it is the trustee's job to make sure you stay within the law, but still have money to live. The last thing the trustee wants to happen is send someone to live on the streets.
                    Chapter 7 filed on 4/23/2010
                    341 meeting on 5/28/2010
                    Discharged on 8/19/2010

                    Comment


                      #25
                      Hey Employer, just wondering if you got anywhere on your student loan situation?

                      School just started this week for me too and I am already behind because I have spent way too much time on this forum, so I can relate! I would like to see your paper on BK and student loans! ;^)

                      My student loan distribution was a non-issue at my 341. Hopefully I won't have any problems with the January loans, that is all I need before I graduate.

                      Hope it works out for you.
                      Filed Chapter 7 on July 30, 2010
                      341 scheduled for August 26, 2010 - Done! - Report of No Distribution
                      Discharged!!! - November 15, 2010

                      Comment

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