A non profit college is trying to collect a debt that I accrued before I claimed bk. I forgot about this debt and I still need to have my bk attorney officially discharge it however they are still harrassing me. btw this was before the bk law changed if that matters. Anyway, this college and now the collection agency that is calling me is claiming that the debt cannot be discharged because it is tuition owed to a non profit college. I have already had my attorney look at the student loan bk law and he said they don't have a leg to stand on. They are trying to claim it is "benefits or loan rendered" when it was basically tuition, a bill that I discharged. Point is, they are still trying to contact me and they are calling my neigbors etc. Anyone ever dealt with this?
I would send them a letter (CMRRR, of course) directing them to take the matter up with your attorney. Once they know that your are represented by counsel, they are at risk under the UCC if they continue to contact you. Check your state UCC laws.
ok but won't my attorney charge me? i suppose I could ask him but what is the usual issue with things like this?
I would take the position that this was something that the attorney should have handled during the BK. Let him tell you otherwise.
