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Old 03-18-2002, 02:36 PM
monique158
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Unhappy

dismissed bankruptcy


i live in ca and after almost 5 years (5 months short) my bankruptcy was dismissed, not discharged. i have 4 different student loans that total around $35,000 and credit card debts that were all included in the bankruptcy. i had a cosigner on the student loans who is now over 80 years old. i am married now, with 2 young kids. while in bankruptcy, the loan company tried to collect from the cosigner even though they were not suppose to. i don't want them to start contacting and harassing him again. i'm not sure if it would be better to try and go into another ch. 13 to stop them, or to contact a lawyer to work something out with them. they won't speak to me about it. is it possible for me to go into another ch. 13 even though i had one that was just dismissed? and what happens to the other debts i had on the ch. 13? are they going to start contacting me now too? the student loans are my main concern.any help from anyone would be great!
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Old 03-18-2002, 03:10 PM
gottago
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Were these loans discharged in your bankruptcy because they were originated at least 7 years prior to your filing bankruptcy?

If the above doesn't apply to you, this is my response:

Student loans can be delayed or lower payments can be arranged through a Chapter 13 bankruptcy, but the loan balance will usually remain the same, and you will still accure interest if you're not paying off the principal balance.

Basically, a bankruptcy filing isn't going to do you a lot of good in this situation. It will only delay the inevitable... you repaying your student loans.

Student loans are one of the few debts that bankruptcy can't wipe out (with a few minor exceptions). In fact, unless you move out of the country or die, the Gov't will eventually get their money. They can take your tax refunds, garnish your wages, sue you and take your property, etc.

I suggest you contact the OSFAC (see link below) and set up a payment arrangement with the lender. That is the only way you can stop the lender or collector from contacting you or your co-signer concerning the loan(s).

[url]http://www.ed.gov/offices/OSFAP/DCS/repay/cancel/index.html#Bankruptcy[/url]
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