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My Mesh Implant Award Went to Pay My Student Loans in Bankruptcy

Question:

Dear Steve,

I live in Alabama. I received a mesh implant 12/10. It was protruding by 3/11 and was removed 1/12, 4/12 I filed Chapter 7. My attorney advised me that my student loans could not and would not be included.

My mesh lawsuit was settled last year and the bankruptcy court reopened my case to add my student loans which I have been faithfully debted from my checking account. Now my credit report is also reflecting these new bankruptcy proceedings. I was to received about $65,000 and my student loan balance is about that much.

Is there I can do at all? Is it legal for them to take my money when my loans were not involved in the bankruptcy? How is this on my credit again?

B

Answer:

Dear B,

Wow. I’m so glad the mesh situation is repaired now. Hopefully that mess is over.

I think you should discuss your situation with your bankruptcy attorney. I think it might be much more likely the case was reopened as a result of the settlement, depending on how that money was classified.

Your student loans should have always been included / listed in your bankruptcy filing. You have to list all your debt when you file.

Your credit report should reflect the current status of your bankruptcy. If it was reopened, for whatever reason, it should reflect that.

I’m not sure which type of bankruptcy you filed. But I could envision a situation where you might have filed a Chapter 13 bankruptcy and in that case the creditors could receive a portion of the money you received. If it was a Chapter 7 bankruptcy and this was federal student loan debt the loans would not have been automatically discharged and you would be on a payment plan anyway so I don’t see how the newly found money would be redirected.

But again, talk to your bankruptcy attorney and try to get some more clarity about what has happened.

Sincerely,


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Steve Rhode is the Get Out of Debt Guy and has been helping good people with bad debt problems since 1994. You can learn more about Steve, here.
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