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Need some input on a collection during open chapter 7

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    #16
    Thanks snowdog!

    Hey - I just talk to the a*holes at my univ - turns out the fine now is magically $309 which I am NOT paying!! AFter TEN TEN TEN years, not a peep out of these jackrabbits? Come on. I just screamed (not proud of it) at some character in the library, who insists that his "notes" in the computer say I had a ameeting I didn't attend in 2003 when I left. Bullcrap. There was no meeting.

    So now I read the riot act to a nice person in the president's office - am I expecting a positive resolution? Of course not. But I NEED this danged transcript like now. I do NOT have $309 heck I don't have $39...but maybe we can work out some deal...say time payments over six months...of course I'd have to list them in my BK....

    Sorry - I'm just REALLY ticked off - I paid this place a LOT of money plus blood sweat and tears!!!!!

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      #17
      Originally posted by snowdog View Post
      My lawyer (who has been fully paid now) will need a retainer to look at this further I'm getting the impression. I like my attorney and she's from a very good firm, but seems like she could care less now the 341 hearing is over. The University has already received my BK notice. So not sure sending it again is wise. Instead, kinda liking to see if it gets discharged. Then fight it if I have too.

      I'm under the impression that AGs aren't in the business of doing collections. That's a civil thing to collect money?
      Sounds to me like your attorney is a real A-hole. She already got paid, so it's not even worth the time to make a phone call or send a letter about this obvious attempt at continued collection activity and illegal re-aging of the account--during an open bankruptcy case?? And she can't have her assistant/secretary/paralegal do that, either?

      It sounds to me like the University (or its private collection agency) have posted a fictitious "payment" to your account for the purposes of (illegally) extending the credit reporting period so they can "ding" your credit for another 7 years.

      You need to be careful to make sure that this debt is discharged, and that the collection agency truthfully identifies it as unpaid tuition--not as a student loan. If they claim it's a student loan, then the debt will not be discharged, and they can keep on harassing you forevermore.

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        #18
        Originally posted by bcohen View Post
        Sounds to me like your attorney is a real A-hole. She already got paid, so it's not even worth the time to make a phone call or send a letter about this obvious attempt at continued collection activity and illegal re-aging of the account--during an open bankruptcy case?? And she can't have her assistant/secretary/paralegal do that, either?

        It sounds to me like the University (or its private collection agency) have posted a fictitious "payment" to your account for the purposes of (illegally) extending the credit reporting period so they can "ding" your credit for another 7 years.

        You need to be careful to make sure that this debt is discharged, and that the collection agency truthfully identifies it as unpaid tuition--not as a student loan. If they claim it's a student loan, then the debt will not be discharged, and they can keep on harassing you forevermore.
        I just sent a note to my attorney demanding this be addressed somehow. I wonder if a call to the trustee would do any good if my attorney doesn't act. I'm also considering raising holly hell with the law firm to get some action.

        I'm pissed. I keep watching PACER daily for any updates to my case and there are none. If I understand this correctly, OSU will have to file an Adversary and contest it being discharged and if they do not, then it should get discharged. Once it's discharged they can go suck wind. Or am I off base?

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