Hello, I hope someone will be able to give me some advice regarding collections of a debt after bankruptcy.
1994 - I attended a college in Oregon, and left after only 1 term.
1997 - Chapter 7 'no asset' bankruptcy
2008 - I have been contacted by Williams & Fudge regarding a 1994 debt to the college for the sum of about $4800.
I have contacted my original bankruptcy attorney about this, but she said it would cost $1000-$2500+ for me to use her services, which I definitely cannot afford, so I am hoping to be able to take care of this issue myself.
I had read that in the Ninth Circuit (which includes Oregon) that a Chapter 7 'no asset' bankruptcy does not require a creditor to be listed for the debt to be discharged, if the debt would have been dischargeable had the creditor been listed in the bankruptcy.
So here are my questions:
- Would this qualify as being automatically discharged? This is not a school loan, but tuition fees, meal plan, dorm housing, etc, that the college has charged to me. I had listed one of my other college loans in the bankruptcy, and have paid off the other, but this other debt is different.
- I want to file a dispute letter on grounds of my bankruptcy, and for a SOL, which in Oregon is 6 years. How would I go about writing this? I have seen a number of sample letters, but none involve both, and I want to make sure to do this right so it doesn't bite me later. From what I understand, I have 30 days to file a letter of dispute, but I only have about 14 days left to do so, so I am starting to get into panic mode.
- If the agency tries to take me to court, would it be an Oregon court since that is where I attended college, or would it be in Florida, where I currently reside?
- Would the laws/rules/etc regarding my bankruptcy and my debt go by what was in effect in 1997, when I filed, or would they go by what is in place now?
Thank you very much for any help you can provide!