Help with Trustee objection please

[gt4051y]

Hello everyone! I need some help understanding if I still have to pay a claim. My discharge paper didn't list everything individually, but I'm not sure I should be paying on an educatio loan from AES. Here's what the Omnibus Objection to Claim paperwork said that I recieved today.

"The trustees omnibus objection to claims comes before the court after notice. As to the claims on the attached list, either no response to the objection was filed or any response has been resolved informally or the claim to which the trustee objected has been withdrawn. Accordingly, the court now ORDERS that the claims to which trustee objected shall be disallowed."

On the back of the form there are two items which are AES and my home equity line of credit. Both have check marks next to them stating the they are "disallowed."

So can anybody offer some insight here? I just made a large payment to AES and don't wish to pay more if this debt was discharged.

Am I entitled to get that payment back if it was discharged???

Thanks everyone!!!

[jwsmartin]

I am not 100% sure but we were told we could not include AES (education) loans. Maybe that will help you, but that is what we were told by our attorney.

[HHM]

There is a difference between a debt being disallowed and being discharged. Dis allowance has to do with creditor claims against the BK estate.

As you pointed out, your discharge notice does not list discharged debt individually (and you should not have expected it to do so). Also, when it comes to education loans, the burden is on the DEBTOR to prove the education loan is non-dischargeable. If you did not file a Motion to determine dischargability of the AES debt, it is a fair bet that the debt survives BK.

[gt4051y]

Why would AES even make a claim if they were excluded from being discharged? Why waste their time and money if they don't run the risk of losing anything?

How do I get paperwork showing exactly what was discharged? I'll need this to clean up my credit report. No???

I know I need to get started on that soon.

[keepmine]

You get nothing that specifies which debt was discharged and which was not.
Just a letter that reads something to the affect that all debts eligible for discharge have been discharged. The verbiage may vary by district but, that's all you get.

[gt4051y]

How are we to clean up our credit then? It seems like it's gonna be a hard task to do without proof of the discharged debts.

I'm sure there are some here who have dealt with this. Any help

[CindyLou]

on my brother's 13 Sallie Mae filed claims.....

[JRScott]

Contact the credit reporting agencies and dispute the debt as being iib. Might need to send a copy of your discharge letter.

[HHM]

ALL creditors are asked to file claims in a BK, and ALL creditor have the "right" to file a claim regardless of the dischargeability status.