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I signed as co-signer for a Sallie Mae student loan for a friend back in about 2003 and in shortly after that about 2005 never had further contact with this person. Later found out that they defaulted in their loan, so Sallie Mae started sending me collection letters. In Nov. 2007 I filed for personal BK 13 in the state of Georgia Atlanta and included them in the BK. In Feb 2008 my BK 13 was discharged showing clearly that Sallie Mae loan was included on my discharge papers. I was told since I was a co-signer it was accepted in my BK.
Now May 2012 I get called from Sallie Mae that they are aware of BK and it will not hold up and that since they can not get paid by other person they where going to start garnishing my wages. My questions is are they able to do this even having discharge papers showing them clearly on it from the courts of Atlanta, Ga. I am self employed how would they be able to garnish my wages.”
It is unlikely that the Sallie Mae loan was discharged in bankruptcy even though it was included. Since it may not have been eligible at the time it was included in your chapter 13 bankruptcy the regular payment to Sallie Mae was probably made as part of the chapter 13 bankruptcy. At the end of your bankruptcy you would have resumed your liability for the Sallie Mae debt and that’s what they are coming after you for now. This previous court case seems to speak to some of the issues about including a Sallie Mae loan in a chapter 13 bankruptcy.
At least this is what I’m supposing from the information you gave.
If you have any specific questions about your previous chapter 13 bankruptcy and this Sallie Mae debt I urge you to call your previous bankruptcy attorney and discuss it with them. They will be able to talk in specifics, rather than guessing.
Please post your responses and follow-up messages to me on this in the comments section below.
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