My Chapter 7 bankruptcy was successfully discharged about six months ago. I was a no asset case and was able to discharge 40,000 dollars worth of unsecured debt. I also had six figures of student loan debt that I could not discharge of course. These student loans were owned by three different companies. Two of those companies put my loans into BK forbearance and once I was discharged I started paying them again as if nothing had happened. The third lender, Access Group, allowed my student loans to default. It's even in their contract that if you file BK, your loans automatically default.
I owe Access Group over 100,000 dollars. Default means they want the entire balance now. That is comical. Someone who has just gone through a bankruptcy, who has been totally liquidated of assets, and whose income was exceeded by their necessary expenses cannot be expected to pay 100,000 dollars to a creditor upfront. I suspect Access Group knows this. They've given the account to some Mickey Mouse collection agency that calls every day and that I refuse to talk to.
My question is this: has anyone been sued by Access Group? I've googled the subject and I don't see a lot of legal activity on their part. Sallie Mae seems to sue a lot but I've had to look under rocks to find Access Group lawsuits. So is there a chance that they'll just ignore the account and let the statute of limitations run? (And despite what anyone says, PRIVATE student loans that have NO government backing do fall under state statute of limitation provisions --- I've researched the law on this one.) I mean, if they got a judgment, there's not much they could take anyway. They can't garnish my wages in North Carolina, and my assets are non-existent except for the protected basics. But a judgment hanging over my head would suck.
Also, doesn't basic common sense tell these people that they're not going to get anything out of a bankrupt individual?
I owe Access Group over 100,000 dollars. Default means they want the entire balance now. That is comical. Someone who has just gone through a bankruptcy, who has been totally liquidated of assets, and whose income was exceeded by their necessary expenses cannot be expected to pay 100,000 dollars to a creditor upfront. I suspect Access Group knows this. They've given the account to some Mickey Mouse collection agency that calls every day and that I refuse to talk to.
My question is this: has anyone been sued by Access Group? I've googled the subject and I don't see a lot of legal activity on their part. Sallie Mae seems to sue a lot but I've had to look under rocks to find Access Group lawsuits. So is there a chance that they'll just ignore the account and let the statute of limitations run? (And despite what anyone says, PRIVATE student loans that have NO government backing do fall under state statute of limitation provisions --- I've researched the law on this one.) I mean, if they got a judgment, there's not much they could take anyway. They can't garnish my wages in North Carolina, and my assets are non-existent except for the protected basics. But a judgment hanging over my head would suck.
Also, doesn't basic common sense tell these people that they're not going to get anything out of a bankrupt individual?
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