Chap 13- school loans/taking refund

[KK412]

SO MAD!!!! My bankruptcy was discharged 3 years ago. I paid a monthly amount to a trustee and it was paid off. All of my college loans were included. I have 1 college loan that is now saying I owe more than what I paid. How is this legal and after all this time? How can they come after me years later and say I owe more. Also, they took my federal refund!! How are they allowed to do this!? I have a lawyer fighting it, but would appreciate any input.

[flyinbroke]

I am wondering this myself; if I do go 13 my SL will be included, but I was told I may still owe after the 5 years are up. So how will I know I still owe, and how will I know what has been paid to them when the trustee handles all of this.

[Faust]

They just mean the payment is included. The BK does nothing to your SL balance. If there is more money owed on your SL at the end of your 13 then you will still need to make payments. The Trustee will be keep track of all payments and who gets what.

[KK412]

But the federal SL that wants more money approved the amount that I owed and now they want more. Shouldnt they have said that I owed more in the first place? I had an amount for one of my NJ loans and they came back and said it was a different amount so the amount I paid every month was then changed. This federal loan had that same opportunity. How can they now say after 3 years the amount was wrong?

Also, is it true that they can only ever take 1 of your refunds?

[flyinbroke]

If it is a federal loan, they can indeed take your refunds to pay off balances and I don't think there is a limit to how many they can take. Sounds like you need to find out from your lawyer and trustee what was paid out to them, and sic them onto the loan folks to find out what is up there.

[KK412]

The lawyer is on it now. I just think its crazy that I paid an amount that they approved and now they can say, pay us more. How is that legal?!!? It just baffles me.

[KK412]

The lawyer is on it now. I just think its crazy that I paid an amount that they approved and now they can say, pay us more. How is that legal?!!? It just baffles me.

Thank you so much for the reply. I really appreciate it. Im just trying to get any help or info that may help my lawyer and my case!!

[Faust]

The lawyer is on it now. I just think its crazy that I paid an amount that they approved and now they can say, pay us more. How is that legal?!!? It just baffles me.

Thank you so much for the reply. I really appreciate it. Im just trying to get any help or info that may help my lawyer and my case!!

Are you talking payment amount or principal balance that they agreed to?

[KK412]

The princial amount

[Faust]

I would challenge that then. Especially if you have something in writing.

They might just be trying to pull a fast one.

[KK412]

I am definitely challenging it. What is the point of Chap 13 and paying back your debt if they can change the amount 3 years after discharge? Isnt that why there are waiting periods and notifications? Why go through all of that if it doesn’t matter and they can come after you years later?! Im just so amazed by all of this. Why are there no rules for any of this? It’s like they can just do what they want.

[Faust]

Whatever you find out please let us all know!

[KK412]

I will! I dont want anyone else to ever have to go through this!!

Thank you so much for all of your help.

[KK412]

If anyone finds out anything or any laws or anything that may help me please let me know. Thanks again everyone!