What is the name of your state?Hi,
I’ll try to make a long story brief. In 1987 I received two student loans. In 1991 I listed them in a chapter 7. In 1995 I became homeless and lived in a park in Hollywood and I have spent the last 9 years rebuilding my life. A few years back I tried to educate myself by applying to the University of Phoenix. Turns out that one of my loans did not go away. I contacted them to see why they were still listing my loan in default instead of discharge. Yes I contacted them and let them know where I was. Of course I was not able to go to school because of this second loan. So here it is 14 years later and ECMC is coming after me. Today I received a letter saying they filed with the Treasury Department.
First I would like to say I am not trying to get out of anything. I have built a good life now and have 9 years sober. Principle and interest are now close to 13K and repayment of this loan would kill me.
So what can I do? I know the BK laws regarding student loans have changed several times in the last few years. I think at the time of my BK the law was you had to be 5 years in default and I was only 4. Also, there were no hardship papers filed. I did hire a lawyer at the time but I have learned that if your legal representation does not have an office and has to meet you in a restaurant then you are getting ripped off
. Oh well a lesson learned.
Since I lost all of my paper work when I became homeless I ordered my docket. The case was closed in 1993 yet there are some papers filed in 1996 “Transferee Notice of Transfer of Payments” which I have never seen until I ordered the docket. There is also a letter from the California Student Aid Commission dated 1996 saying it assigns some agency the rights.
The last three pages of the docket include the original paper work from one of the loans yet I have no idea which one. Then there is a letter dated 1991 that asks the court if hardship papers have been filed yet the form is blank and my guess is that the court didn’t respond.
So what can I do? I tried to negotiate an offer and compromise like I did with the IRS yet they are not even willing to talk. I would easily be willing to pay the original debt however, the payments for a 12K loan would put me into a financial nightmare just when I am starting to see light at the end of the tunnel. I am 43 and I have no assets.
Something does not seem right. Please help.
I’ll try to make a long story brief. In 1987 I received two student loans. In 1991 I listed them in a chapter 7. In 1995 I became homeless and lived in a park in Hollywood and I have spent the last 9 years rebuilding my life. A few years back I tried to educate myself by applying to the University of Phoenix. Turns out that one of my loans did not go away. I contacted them to see why they were still listing my loan in default instead of discharge. Yes I contacted them and let them know where I was. Of course I was not able to go to school because of this second loan. So here it is 14 years later and ECMC is coming after me. Today I received a letter saying they filed with the Treasury Department.
First I would like to say I am not trying to get out of anything. I have built a good life now and have 9 years sober. Principle and interest are now close to 13K and repayment of this loan would kill me.
So what can I do? I know the BK laws regarding student loans have changed several times in the last few years. I think at the time of my BK the law was you had to be 5 years in default and I was only 4. Also, there were no hardship papers filed. I did hire a lawyer at the time but I have learned that if your legal representation does not have an office and has to meet you in a restaurant then you are getting ripped off
. Oh well a lesson learned. Since I lost all of my paper work when I became homeless I ordered my docket. The case was closed in 1993 yet there are some papers filed in 1996 “Transferee Notice of Transfer of Payments” which I have never seen until I ordered the docket. There is also a letter from the California Student Aid Commission dated 1996 saying it assigns some agency the rights.
The last three pages of the docket include the original paper work from one of the loans yet I have no idea which one. Then there is a letter dated 1991 that asks the court if hardship papers have been filed yet the form is blank and my guess is that the court didn’t respond.
So what can I do? I tried to negotiate an offer and compromise like I did with the IRS yet they are not even willing to talk. I would easily be willing to pay the original debt however, the payments for a 12K loan would put me into a financial nightmare just when I am starting to see light at the end of the tunnel. I am 43 and I have no assets.
Something does not seem right. Please help.