Apple computer loan

I filed a bankruptcy, chapter 7 in 1/99 which I included Apple computer loan. Now Apple computer loan sent me a bill requesting payment or they will report to the credit bureaus. Since the loan was included in the bankruptcy proceeding, Do I have to pay Apple? What are my legal rights? I have sent them a letter about my situations and gave the case no., but Apple continues to send payment. How can I stop them from harrassing me. Need you advice. I live in California.

[JETX]

Bankruptcy is a two-step process; filing and approval.

Did the Bankruptcy court approve your petition?? If so, then you need to advise Apple (in writing) that the debt was relieved by your Chapter 7 bankruptcy and that any further attempts for collection will be turned over to the court for prosecution (contempt of court).

However, if you have just 'filed' and not completed the process, then have Apple contact your bankruptcy attorney.

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This is my PERSONAL OPINION and is not legal advice! Consult your local attorney for your specific situation and laws!

[dmwarner515]

From my own personal experience with Apple Computer Loans, I hate to say it, but you are screwed. In very, very fine print on the back of the contract you signed way back when (or at least on mine) it says that the Apple Computer Loan is a student loan and therefore cannot be charged off in a bankruptcy. I did the same as you and thought it would charge off. I am still dealing it five years after my bankrupcty went through.

I have yet to find a lawyer that will help me out of the dilemma, so good luck to you! I have included it in my credit counceling and am slowly paying off a loan for a computer that I haven't owned in over 6 years. Go figure.

Debi in CA

[Ladynred]

That's a clause that may not hold up though. Loans (of any kind) taken out PRIMARILY FOR EDUCATIONAL PURPOSES are not dischargable. However, if the purchase of the computer was NOT for educational purposes, then their argument will fall apart under scrutiny.

If your debt was discharged, then send them a letter reminding them of your bankruptcy and that their collection letter is a violation of the permanent injunction of your discharge.