Are You Being Sued For Debt After a Bankruptcy Discharge?
After making the difficult decision to file for bankruptcy, you want to move on from the situation and work towards more control over your finances and a better life. However, in many cases, the harassment does not end there—you can still be unlawfully sued for collection of a debt that has already been properly cleared after your bankruptcy. If this has happened to you, contact Rogers Sevastianos & Bante, LLP now.
Creditors and third-party debt buyers are most likely aware that the debt has been discharged but continue to ignore the law and file an illegal lawsuit. It is extremely important to consult with our experienced consumer debt defense attorneys to handle the matter. We fight big companies that try to take advantage of innocent people. Do not let this happen to you!
If you were sued by National Collegiate Student Loan Trust, Student Loan Solutions LLC, or any other entity trying to collect on a private student loan or debt AFTER your bankruptcy discharge, we want to speak to you. Contact us today to set up a free consultation.
What is a Bankruptcy Discharge?
A bankruptcy discharge is a permanent order from the court that does two things:
- It releases you from liability for certain debts
- It prohibits creditors from taking any form of collection action on discharged debts including lawsuits, demand letters, and telephone calls
Once you receive a discharge in bankruptcy, that discharge is final (unless you execute and file a valid reaffirmation agreement). Debt that has been discharged means it is completely gone and you cannot be sued for repayment.
Getting Sued for Student Loans After Bankruptcy
Many young adults today are turning to non-federal loans to pay for their mounting tuition costs. Compared to federal student loans, these tend to be more expensive, have fewer repayment options, and fewer consumer protections. This has lead to rising levels of defaults which, in turn, offers a lucrative business opportunity for companies to cash in on lawsuit settlements, wage garnishments, and other compelled payments.
At Rogers Sevastianos & Bante, LLP, we know the student loan debt collectors that repeatedly take advantage of young adults. If you have had your private student loans discharged in bankruptcy, but are still being sued by creditors like the National Collegiate Student Loan Trust (NCSLT) and Student Loan Solutions LLC, they are in violation of federal law. Contact our student loan defense lawyers now. We know the right steps to have your lawsuit dismissed. Steps to Take if You Are Sued By National Collegiate Student Loan Trusts
Why am I Still Being Sued for Discharged Debt?
Private lenders will hire collection agencies to try to pressure you to pay, and lawsuits are the main way lenders go about collecting on private student loans or other debts. It’s not uncommon for the original creditor to sell old or discharged debt to a third party, called a debt buyer. Debt buyers purchase discharged debt for pennies on the dollar and try to collect. They receive a huge profit even if only a portion of the people they contact pay them.
You do not owe a debt that pre-existed your cleared bankruptcy, which means it violates the law to file a suit for it. The debt buyers know that they are breaking the law but file the illegal suit against you anyway because they assume:
- You do not know your rights
- You will not put up a fight
- You can be pressured to pay for what you no longer owe
Sometimes the creditor simply does not know of the bankruptcy discharge, in which case, they will likely dismiss the case once they are made aware. In the likely situation where the lender is aware and is acting unlawfully by pressuring you for money you don’t owe, it is best to obtain a consumer debt defense lawyer to put the collector in its place.
Contact Our Consumer Debt Defense Lawyers in St. Louis
Do not let the NCSLT, Student Loan Solutions LLC, or any collector scam you! The worst mistake you can make is ignoring the lawsuit, which can lead to a default judgment in favor of the debt collection company.
With more than 75 years of combined experience, you can trust the knowledgeable attorneys at Rogers Sevastianos & Bante, LLP to examine your case thoroughly and fight for you against shady collectors. Contact us for a consultation today.