Port Jefferson Station, NY asked in Bankruptcy for New York

Q: I filed chapter 7bankruptcy in 2010 . I was involved in an injury lawsuit that was not resolved until 2017 which the

Court appointed trustee was awarded 350k for my injury. Another 100k of assets were taken from me to pay my creditors who all received 98.6% of what I owed them. One of the creditors was a parent loan I took out for my son’s college. They received 59k of the proceeds in 2017. Now they are contacting me saying that I still owe them 23k 5 years after they were paid. How can I fight this ?

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1 Lawyer Answer
Cristina M. Lipan
Cristina M. Lipan
  • Bankruptcy Lawyer
  • Wantagh, NY
  • Licensed in New York

A: Bankruptcy Code section 523 lists debts that are not discharged in the bankruptcy - meaning you would still owe the debts. 523(8) speaks to educational loans. The student loan debt might not have been discharged. However, it would only be for the balance after accounting for the payment made in the bankruptcy case. You should speak to an experienced bankruptcy attorney to confirm whether you still owe these amounts.

Carl Nelson agrees with this answer

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