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They just won't drop it!!(long)
HI forum!!
Well, this is getting irritating.
Back in 1994-1995, I signed a promissary note with "The Apple student purchase Program", to buy some computer equipment while I was in school.
Like many Americans, in the Matrix, my wife and I struggled with money, credit and debt.
So, while on a peak of motivation to get out of debt back in 1999, my wife contacted Consumer Credit Counselling Services and made arrangements to see if they could help. They said that they could, and to contact all of our creditors and ask them if they would agree to work with the counselors.
Things were going well, as all the creditors were agreeable. My wife then contacted The Complete Source, who funded the computer loan...and the guy would not talk with her. He said that "they" don't work with CCCS and my wife asked, "Why? Everyone else will?...then what are we supposed to do?!" To which he replied, "Well, you can sell some of your stuff, or we will garnish your husband's wages!!" After which he hung up on my wife. Crying she called to plead again, and the guy hung up on her again!!
So, the protective husband gets home, the wife relays the story, I tell her that my labor contract at work speaks of excessive garnishments and that we are not going to put my employment at risk because these guys won't work with us, I said, "Then no one gets paid..." And I called a local flat rate bankruptcy attorney.
During the interview with the attorney, we went over the debts and assets, and this particular loan came up in the discussion....I explained that it was a purchase program for college students and that it appeared to be a consumer type debt to buy computer stuff...it was scheduled as a debt that may have collateral attached(or something like that)...
Long story a little shorter, we filed, no "creditors" attended the trustee meeting, no "creditors" challenged the dischargebility of the "debt" during the subsequent 90 days and the Chapter 7 was discharged in April, 2000.
So, now enter three different Collectors....the first one went away when I asked over the phone, "Exactly which part of the Bankruptcy code is your legal department relying on to ignore a dischage under a judge's signature?"
....good.
The second one, for the past couple of months on and off again, threwh in a curve ball and tried to claim that the "debt" was owed to a nonprofit organization, and as such the bankruptcy has no effect...to which I sent a letter stating that in my memory, this debt was issued by a bank in nebraska, that their client did not protest/assert any rights through the bankruptcy proceeding, I was going to presume that my attorney, the trustee and the judge were all competant to dischage their duties, I was going to stand on the court record and to cease and desist all future efforts to contact me....
NOW, number three has just stepped into the ring! I spoke with a nice "skip-tracer" last week before the holiday...and just yesterday I had a nice conversation with a gentleman that is from their legal office. They both tried to explain to me that the debt was funded by a nonprofit organization as a student loan. He went as far as to tell me that the original promissary note actually stated that I understood that it was a non-profit organization and that I could not file bankruptcy on the "debt"...At which time I told him that I would like to see the promissary note for several reasons:
I did not recognize who EduCap was, as I don't remember them mentioned in the paperwork.
The debt was included in the chapter seven with no challenges whatsoever, so I was thinking that the client may find themselves estopped by their lack of contest.
And in the worst case scenerio, the courts have said that a party is expected to mitigate any "damages" to themselves as soon as they are aware of the damage...along these lines, the SOL would probably start the clock back when I fell delinquent on the payments, 1998?. To this last issue he tried to say that the bankruptcy would have "reset" any time limits.
So, he said that he had to order the promissary note from WellsFargo...and that it would be several weeks before I got it. I thanked him and told him in closing, that at this point, I would certainly need proof of his claim since I believe the debt was discharged.
So, gentle reader, what say ye?
Are they estopped by aquiescense through the Chapter 7 because they asserted no rights to challenge the debt's dischargability?
Was there not a reasonable expectation that my attorney, the trustee, and the judge used due diligence in the completion of their expected tasks?
Doesn't the filing of a bankruptcy petition only temporarily prevent collection efforts by the "creditors" until the discharge?
Why this could be the easiest route is that in my state, contract SOL is six years...so I would like to calculate from the time that "account" was in default until present date, while subtracting the time between filing and the discharge(in months), because I am thinking that if the collector doesn't file suit soon, the six years will be up...
And, if the WellsFargo ends up being the "holder in due course", they may have a hard time proving some sort of nonprofit status....hmmm?
Thanks for reading this, and I anxiously await the ideas and responses from the group....because you are such a "lively" bunch and so, so sma..smart, yeah! and fun too!!!
Still "enjoying" the red pill,
RPT
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"In life there are many quotients, and I hope I find the mean..." Tremonti/Stapp
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