Frequently Asked Questions

Will filing bankruptcy prevent my getting a student loan?

Student loans are usually guaranteed by the federal government and are not based on the credit of the student. This type of student loan will not require a credit report and may be obtained after a Chapter 7 case is completed. If a student loan is needed during a Chapter 13 repayment plan a letter

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What is a discharge?

A discharge is a court order that says you do not have to repay your debts. A discharge can be denied if you, for example: destroy or conceal property; destroy, conceal or falsify records; or make a false oath. Creditors cannot ask you to pay a discharged debt.

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Where can I report a debt collector for an alleged violation?

Report any problems you have with a debt collector to your State Attorney General’s office and the Federal Trade Commission. Many states have their own debt collection laws, and your Attorney General’s office can help you determine your rights. You can file a complaint with the FTC by contacting the Consumer Response Center by phone:

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What can I do if I believe a debt collector violated the law?

You have the right to sue a collector in a state or federal court within one year from the date the law was violated. If you win, you may recover money for the damages you suffered plus an additional amount up to $1,000.00. Court costs and attorney’s fees can also be recovered. A group of

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What are debt collectors required to do?

They must contact you between the hours of 8:00 a.m. and 9:00 p.m. They must disclose their identity and the company they work for when telephoning. If the creditor who owes the money has an attorney, the debt collector must talk only with the attorney. Debt collectors must notify the debtor of the amount of

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