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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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  #1  
Old 11-26-2005, 03:31 PM
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Join Date: Nov 2005
Posts: 3

Student Loan in Chapter 13


What is the name of your state? Texas

I filed a chapter 13 in 4/1998. My student loan was included in this and was paid back over 5 years. In a chapter 13 I paid money to the Trustee and he distributed funds to all creditors who filed a claim with the court. I had understood that the student loan was a high priority and would be paid back at 100% plus the interest included in the claim. In 5/2003 I completed my payment plan with the chapter 13 and I was discharged. The student loan was paid back in full. I am now being threatened by the student loan people stating that I now owe an amount of around $1500.00 because it was repurchased by a company and that includes a principle balance plus interest of which I never signed a note. They are also threatening to garnish my wages. I need to know exactly how the law reads about repayments on student loans in a chapter 13 and what rights I have to get this removed from my credit report and how to get these people to leave me alone.

Thanks, Leann
  #2  
Old 11-26-2005, 03:36 PM
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Join Date: Nov 2005
Posts: 3
[quote=Leann Cody]What is the name of your state? Texas

I filed a chapter 13 in 4/1998. My student loan was included in this and was paid back over 5 years. In a chapter 13 I paid money to the Trustee and he distributed funds to all creditors who filed a claim with the court. I had understood that the student loan was a high priority and would be paid back at 100% plus the interest included in the claim. In 5/2003 I completed my payment plan with the chapter 13 and I was discharged. The student loan was paid back in full. I am now being threatened by the student loan people stating that I now owe an amount of around $1500.00 because it was repurchased by a company and that includes a principle balance plus interest of which I never signed a note. They are also threatening to garnish my wages. I need to know exactly how the law reads about repayments on student loans in a chapter 13 and what rights I have to get this removed from my credit report and how to get these people to leave me alone.

I would really appreciate some help in this matter. Thanks for your help.
Leann
  #3  
Old 11-26-2005, 03:36 PM
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Join Date: May 2001
Posts: 6,451
Turn this over to your lawyer. Make certain the SL was repaid at 100%
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