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How to get holder of a student loan to file a claim in Ch. 13 case
debtesq debtesq@aol.com
There is no easy way to track to whom, or which, entity a debt has been sold, or assigned. It is all a**es and elbows stuff, but you can file a claim for a creditor, see rule 3004.
The trustee is then required to make sure the payment diminishes the debt, so in essence, you shift the burden to the trustee. As a lawyer, it is your job to make sure the payment diminishes the debt, but letting the time for a claim expire won't discharge the debt, so get one on file and keep tracking the debt.
dennis
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debtesq debtesq@aol.com
There is no easy way to track to whom, or which, entity a debt has been sold, or assigned. It is all a**es and elbows stuff, but you can file a claim for a creditor, see rule 3004.
The trustee is then required to make sure the payment diminishes the debt, so in essence, you shift the burden to the trustee. As a lawyer, it is your job to make sure the payment diminishes the debt, but letting the time for a claim expire won't discharge the debt, so get one on file and keep tracking the debt.
dennis
Do you Yahoo!?Friends. Fun. Try the all-new Yahoo! Messenger
The post was migrated from Yahoo.
I found that it is frustrating to get a holder of the note for a
student loan to file a claim in a Chapter 13 case even the debtor
proposed to pay off the student loan within 36 months.
The lender does not file a claim in a chapter 13 case because it
simply file a claim with the guarantor, such as EdFund.
The guarantor does file a claim either because the student loan will
not be discharged in the bankruptcy proceeding.
How do I find out:
1. Who is the ultimate holder of the note for the student loan?
2. Who is entitled to payments from the chapter 13 trustee?
3. How to obligate the entity to file a claim for the student loan?
Any help would be appreciated.
The post was migrated from Yahoo.