Collections after BK

[Question101]

I filed Chap 7 before the student loan "catch all" was instituted.

Sallie Mae was after me for a long time and I thought they finally had corrected the problem. They had the wrong filing date - so the loans looked like they couldn't be discharged.

So I got a VERY rude call from NCO (they have the loan now) and one of the first thing out of her mouth was that they are private loans.

Today I get a bill (they added $3800 in fees for a P&I of under $7500)
and I have 30 days to reply.

Any suggestions?
Can I go after Sallie Mae for coming after me in the first place?

Thanks!!!
I'm in GA if that makes a difference.

[anonymuse]

Did you file yourself or with a lawyer?

If you had a lawyer, ask him to spend one of his nifty form letters on his letterhead.

Otherwise, give them your BK # and date of discharge.

[Question101]

Did it myself

I just pulled all 3 credit reports (someone tried to get a CC w/ my name)
and it says included in BK.

Any standard letter out there?
What do I do if they still bug me?
Can I go after Sallie Mae for causing so much trouble for me?

Thanks for any help or links to more information!!!

[CATCHMEIFYOUCAN]

Can a creditor "charge off" a credit after it has already been in BK ??? Not only was this creditor violating the automatic stay, by sending me a "friendly letter and adding interest and threatening court action," now they have charged off the account!???

Catchmeifyoucan

[Question101]

I think not

After looking at the credit reports some accounts "look" different from one bureau to another.

Everything that was included in th BK should be stated as such. This should, I think, keep the debt from being sold later.

I doubt it makes a difference in your FICO now, but going forward it seems logical that it would prevent problems later. I saw one signature here that stated their FICO went down when a collector started to collect an old debt.

I read here that if you tell then to fix something 3x and they don't, you can take them (the credit bureau that isn't cooperating) to court - they mentioned $1,000 per mistake. That seems the only way to get the dinosaur to do anything.

Time for me to get things fixed and start rebuilding.

Verizon did give me phone 3 months after the BK was completed - yeah!!

[wrinkleigh]

NCO is a collection agency that specializes in Student Loan collections. They do not "buy" debt. They are merely representing Sallie Mae.

You may want to call Sallie Mae, and get clarification on what type of loan it is, and a copy of your promissory note. If is is indeed a student loan, it is non dischargeable, and when Sallie Mae received your discharge notice, they would have referred it to NCO to resume collection efforts immediately. The amount of interest, late, and collection costs are governed by the terms of your Promissory note. Standard collection rates are usally 33.33 - 49.99%, this is NCO's cut. All Sallie Mae receives is prin, interest, and late fees. So the charges that they are assessing you sound correct.

Good luck to you.

[Question101]

Why

Why is a private student loan non-dischargeable?
Keep in mind I filed before the loop hole was closed last November.

Can you bankrupt (discharge) student loans in bankruptcy? For cases filed after October 7, 1998, Student Loans are only dischargeable if: 1. You can prove that having to repay it would impose an "undue hardship" on you (as defined below), OR, For cases filed PRIOR TO October 17, 2005, 2. If the PROGRAM under which your student loan is issued, insured, administered is a FOR-profit, PRIVATE (non-government) entity, it may be dischargeable. (However, if the program itself, such as LAL, GSL, etc. receives nonprofit funding by participation of nonprofit entities, the loan is not dischargeable in bankruptcy).
from:

http://www.bklaw.com/chapter7/student_loans.html