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Expert: - 1/12/2007


Question
Thank you.  I no longer have the records of my bankruptcy and would like to get them to pass on to the collection agency and the Dept of Education.  How can I get them...quickly?  I don't remember the name of the attorney or even if he is still practicing.
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The text above is a follow-up to ...

-----Question-----
Hello,

I went through bankruptcy in either 1988 or 1989, and on the list of my debtors were my school loans totally approx. $2500.00

I am just now being called by a collection agency who collects for the US Dept. of Education saying the bankruptcy does not eliminated school loan debt and they are demanding that I pay the principal, and interest, and fines, etc. that add up to over $6000.00.

Do I have any recourse?

Many thanks.
-----Answer-----
At the time you filed bankruptcy, student loans could be discharged, provided that they had been in a repayable status for at least 5 years prior to the date you filed. Time spent under any payment deferments does not count towards the 5 years.

I would tell that to the collection agency, and ask them  they contend that this protection doesn't apply to you.

Answer
I doubt you can get actual copies very quickly. However, you should be able to go to the local court and immediately look up your case number and the date that you filed. You might even get that info immediately on the court's web site. At the court, you could order copies of the documents from Federal archives.

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Los Angeles Bankruptcy Lawyer Leon D. Bayer

Expertise

Leon Bayer has successfully represented clients in bankruptcy for over 30 years. He is frequently called upon by the media, the California Bar and other associations to provide insight and help educate attorneys on bankruptcy issues. If you or other readers want to keep up with my blog postings about life in and out of bankruptcy, you can follow my blog at http://www.bankruptcyblogger.org/ and my personal web site at http://www.debt-relief-bankruptcy.com and A Human Guide to Bankruptcy at http://www.thebankruptcyguide.net/ Leon also writes about bankruptcy law for Nolo, see http://www.nolo.com/law-authors/leon-bayer.html and his "Ask Leon" bankruptcy law blog column at http://blog.nolo.com/bankruptcy/

Experience

Leon is a Certified Specialist in Bankruptcy Law by the State Bar of California, and has been a practicing bankruptcy lawyer in Los Angeles, California for 33 years.

Organizations
National Association of Consumer Bankruptcy Lawyers, California Bar Association, Los Angeles County Bar Association.

Publications
Author, ?The Essentials Of Chapter 13,? Daily Journal Report, December 18, 1987.
Contributing Editor, Basic Bankruptcy, California Practice Handbook, Matthew Bender 1992, 1993.
CEB Consultant, CEB-Personal and Small Business Bankruptcy Practice in California, 2003.


Education/Credentials
B.A., J.D.

Awards and Honors
President, 1995-1996-Los Angeles Bankruptcy Forum; Member - Los Angeles County Bar Association Committee on Commercial Law & Bankruptcy, 1988. Law Advisory
Commission-Personal & Small Business Bankruptcy Law of the State Bar of California, 1996-2000

MR. BAYER SAYS: The big banks and credit card companys have been working overtime for many years to undermine the Consitutional right of the American people to be able to claim bankruptcy protection. In 2005 the banking lobby successfully convinced Congress and the President to make the laws and proceedures more complicated, hopeing that it will stymie legitimate people from filing bankruptcy. They succeeded in gaining these complex new legal proceedures by greasing the legislative system with hundreds of millions of dollars in "campaign contributions." The good news for the American people is that while the new laws have made the proceedures needlessly complex to the point where inexperienced people can't help but trip over the maze of new rules and regulations, the process is still doable, especially with a lawyer who is well trained and experienced in this specialty.

Past/Present Clients
I have probably handled something on the order of about 15,000 bankruptcy cases thropughout my career.

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