Expert: Mark J. Markus- California Bankruptcy Attorney - 7/15/2008

Question
My husband and I have been receiving calls for collection on a old federal student loan, which was discharged in a bankruptcy in 1991. It was definitely discharged, and they are refusing to acknowledge that it was discharged. The calls are very frequent and rude and now they are threatening legal action. We have sent the information from the courts regarding the bankruptcy case to the collection agency, and they still refuse to acknowledge. We have contacted the original creditor, a college my husband went to in the early eighties, and they are also refusing to do anything. What can we do?

Answer
In 1991 I believe (although I'm not 100% sure off the top of my head) that in order to be discharged, the student loan must have been in continuous repayment status, NOT counting forebearances, deferments or other postponements of payments, for at least 7 years prior to filing the bankruptcy case.

If you are in fact certain that the loans were discharged, then your best recourse at this time is to reopen the bankruptcy case and file an order to show cause re: contempt against the collection agency for violation of 11 USC 524 (discharge injunction).