Husband filed bankruptcy in 1985, released in early 1986 with two bank student loans of 2500.00 each. judge signed the final decree. my husband was 100% disabled at the time.now 25 years later ecmc is trying to collect 23,000.00 for those loans which they didn’t even possess until 2007.sued them the same judge who signed off then now won’t say they were included, he didmissed with prejudice
is this legal? was told we couldn’t apeal his decision , now what do we do before they try and garnish wages?
Please see my post just recently regarding the history of student loan dischargeability.
In 1976, government student loans became non-dischargeable not until 5 years had elapsed from the beginning of the repayment period.
There is not enough information from your post to determine any sort of payment history, deferments, or lack of payments leading up to the bankruptcy filing in 1985.
You also state he was disabled at the time. But based on the tense you used, I am assuming he is not 100% disabled now?
But to be clear, getting student loans discharged based on disability is near impossible.
Also, being able to appeal a 1985 decision now is impossible. Too much time has lapsed.
There is the possibility of trying to get an administrative discharge of the student loans. Please see the following site for more information.
My name is Lewis Roberts and I’m an attorney licensed in Florida and Georgia. My practice focus is consumer bankruptcy, real estate issues/closings, and mortgages. I also have Florida real estate broker and mortgage broker licenses. I am a proud member of the National Association of Consumer Bankruptcy Attorneys (NACBA), National Association of Consumer Attorneys (NACA), and a graduate of Max Gardner’s Bankruptcy Boot Camp. I enjoy helping people with decisions that impact their financial well-being.
Legal Disclaimer: This is for educational purposes only. It is not to be relied upon as legal advice. It also does not create an attorney-client relationship. No such relationship is formed with attorney without a written agreement.
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