Trustee dismissed my case, can a creditor that never filed a claim now try to collect

[Allen35150]

The Trustee recently dismissed my case for payment reasons. I didn't fight it because the trustee was paying old credit cards 8 times the amount she was paying my mortgage arrears. Since the dismissal, I have already caught my mortgages up to date. Now I will make arrangements with the unsecured creditors as they contact me. Which brings me to my comment/question. Today I received a pay immediately notice from one of the old collection agencies that were listed in my Chapter 13 filing that represent an online college for courses I didn't complete. However they never filed a claim. I have a print out of the "claim amount" column that shows 0 from the claim summary site. However in the "claim to be paid" column it shows 100%. They are the only creditor that shows 0 in the claim amount and I remember my attorney telling me 2 years ago that they never heard from that particular creditor. Will I have to cough up the 1200 since my case was dismissed or do I have a case for not paying them? Thanks!

[LadyInTheRed]

You have the same obligation to pay them as you did before you filed your BK. The fact that they did not file a claim is irrelevant since you did not get a discharge.

[dmc-2008]

I think too since it is a student loan it is not dischargable, or can't be wiped out with even a successful BK?

[LadyInTheRed]

Good point dmc-2008. That's two reasons why they can collect.

[dmc-2008]

You are teachng me well Lady!!!!! :-). Learning so much on this forum!

[catleg]

If the debt is not a student loan but instead is a debt owed for tuition or other bills from a "college", I think the debt would indeed have been discharged in BK.
As it stands, with a dismissed BK-13, all your debts are basically zombie debts, since most reputable creditors will sell them off to Junk Debt Buyers upon learning of your bankruptcy filing.
The JDB's will mostly not have sufficient proof for a lawsuit although that won't stop them from bothering you or potentially suing you.
The question is, how long until these debts go out of statute (of limitations) in your state, and is your state's court system set up to allow cheap legal followthrough (i.e. lawsuit).
And of course, how much is it worth to you to make them go away.

[Allen35150]

Thanks for your replies! I really appreciate it!