allwipedout
Member
Hello, I am hoping someone will be able to help me figure out an issue I am having. I have been reading quite a bit trying to figure out my options without having to go through an attorney.
Here is a quick overview
1994- Attended 1 term of an Oregon public college
1997- Chapter 7 'no asset' bankruptcy
2008- Collection agency attempting to collect a debt for the college (approx $4800).
While my bankruptcy did not list the college as a creditor (I did not know of the debt at the time) the Ninth Circuit does not require a creditor to be listed in a 'no asset' bankruptcy to be discharged (if the debt would have been discharged had the creditor been listed).
I did have two federal loans, but they have both been paid off, and I have a letter giving evidence of satisfaction and that I am clear apply for future Title IV loans.
I looked up the following information and from this bit, it sounds like the debt should be dischargeable, but perhaps I am just being hopeful?
My biggest confusion is whether regular debt to a public college is treated as an actual non-dischargeable loan. I have read some articles/posts saying yes and no.
Also, I recently looked at my Equifax credit report and found this listing, by a different company:
I have two questions I would love to find some answers to:
1) What does the information in the credit report listing mean?
2) Is this college tuition debt dischargeable, and in effect cleared through my bankruptcy?
I greatly appreciate your time for reading through this post, and for any help you can give!
Here is a quick overview
1994- Attended 1 term of an Oregon public college
1997- Chapter 7 'no asset' bankruptcy
2008- Collection agency attempting to collect a debt for the college (approx $4800).
While my bankruptcy did not list the college as a creditor (I did not know of the debt at the time) the Ninth Circuit does not require a creditor to be listed in a 'no asset' bankruptcy to be discharged (if the debt would have been discharged had the creditor been listed).
I did have two federal loans, but they have both been paid off, and I have a letter giving evidence of satisfaction and that I am clear apply for future Title IV loans.
I looked up the following information and from this bit, it sounds like the debt should be dischargeable, but perhaps I am just being hopeful?
My biggest confusion is whether regular debt to a public college is treated as an actual non-dischargeable loan. I have read some articles/posts saying yes and no.
(www.ous.edu/cont-div/fasom/sec6/sec0625.pdf)
OSBHE FINANCIAL ADMINISTRATION STANDARD OPERATING MANUAL
Section 06.25 COLLECTIONS AND WRITE-OFFS (Last Revised 03/93)
C LEGAL COLLECTION EFFORTS AND BANKRUPTCY
"... Institutions must comply with federal regulations concerning bankrupt debtors. No collection efforts may be made while a bankruptcy case is pending. Institutions should file proofs-of-claim on all Chapter 11 and 13 cases, and those Chapter 7 cases with assets. Cases requiring motions, such as for relief of stay, objections to plans, dismissal of case, etc., must be forwarded to the Credit and Bankruptcy Section of the Department of Justice. Institutions should promptly write off receivables discharged in bankruptcy and immediately resume collection efforts on receivables not discharged."
OSBHE FINANCIAL ADMINISTRATION STANDARD OPERATING MANUAL
Section 06.25 COLLECTIONS AND WRITE-OFFS (Last Revised 03/93)
C LEGAL COLLECTION EFFORTS AND BANKRUPTCY
"... Institutions must comply with federal regulations concerning bankrupt debtors. No collection efforts may be made while a bankruptcy case is pending. Institutions should file proofs-of-claim on all Chapter 11 and 13 cases, and those Chapter 7 cases with assets. Cases requiring motions, such as for relief of stay, objections to plans, dismissal of case, etc., must be forwarded to the Credit and Bankruptcy Section of the Department of Justice. Institutions should promptly write off receivables discharged in bankruptcy and immediately resume collection efforts on receivables not discharged."
Also, I recently looked at my Equifax credit report and found this listing, by a different company:
RC Services Inc
Loan Type: Open Account
Remark: >placed for collection<
Date placed for cllection: [10/2002]
Estimated date that this ietm will be removed: 08/2009
Balance: $2,352
Date Updated: 12/2002
Original Balance: $2,299
Original Creditor: (***college***)
Past Due: $0
Pay Status: >Collection Account<
Account Type: Open Account
Responsibility: Individual Account
Loan Type: Open Account
Remark: >placed for collection<
Date placed for cllection: [10/2002]
Estimated date that this ietm will be removed: 08/2009
Balance: $2,352
Date Updated: 12/2002
Original Balance: $2,299
Original Creditor: (***college***)
Past Due: $0
Pay Status: >Collection Account<
Account Type: Open Account
Responsibility: Individual Account
I have two questions I would love to find some answers to:
1) What does the information in the credit report listing mean?
2) Is this college tuition debt dischargeable, and in effect cleared through my bankruptcy?
I greatly appreciate your time for reading through this post, and for any help you can give!