Discharged and find out 5 years later 92% of the debts are still open

  • 2 Replies
  • 3304 Views
*

confusedandfrustrated87

  • Guest
So, I filed bankruptcy back in 2010 and my trustee led me to believe all my debts were included; specifically my student loans (which I have just recently found out should have never been included, but was the main reason I claimed bankruptcy).  These loans made up 76% of my total debt liabilities.  During my bankruptcy and after being discharged my life went on as normal and I started fresh again, budgeting daily and trying to rebuild credit with a secured credit card.  It wasn't until recently that I tried applying for a credit card through my bank and received a response letter stating I already had an open account.  I called them and my account that was part of my bankruptcy was still with them - but written off as bad debt and could not locate.  They had no record of my bankruptcy.  This prompted me to pull my credit report and not just this credit card, but another one, AND my student loans were not cleared off in my bankruptcy.  This in turn meant 92% of my debt load was still around and affecting me negatively.  I contacted my trustee who "had never seen such a thing" and she sent letters to each of the creditors advising them of my bankruptcy.  This was three months ago.  In the mean time my student loans have now gone to federal collections and I obviously owe an astounding amount of money on past interest before they can even be considered to go back to NSLC where I can take advantage of the repayment assistance plan, etc.  The credit cards remain open and impacting me negatively.  I feel used by my trustee and lied to and taken advantage of and in the end I am the one who is screwed over big time.  Is there anything I can do?  Being a past bankrupt I obviously have no credit so can't just pay off the back dated interest on my student loan, and what payments I can make are barely covering the current interest :(

Help?
« Last Edit: June 25, 2015, 11:05:09 AM by confusedandfrustrated87 »

*

NotATrust-E

  • Sr. Member
  • ****
  • 263
  • +1/-0
    • View Profile
Under Section 178(1.1) of the Bankruptcy Act, you can request that the student loans are retroactively included in your bankrutpcy, as long as it has been 5 years since you were a student. You can speak to the staff at your local bankruptcy court who can help you with the process.

*

confusedandfrustrated87

  • Guest
I have been advised I cannot apply to the courts as the debt is not in good standing (for the student loans) so it is not worth paying the fees as I wouldn't stand a chance.  I just feel they have really screwed with my life with everything they have messed up and I am in an even worse financial situation now, almost six years later, than I was when I first claimed bankruptcy  :'(

 

Sitemap 1 2 3 4 5