If Ideclared bankruptcy but have been paying on a bill that I did not know was discharged, can I get my money back?

Bankruptcy filed in 2005 and loan discharged s per my credit report. I receive back the money I have paid on that bill? It was a school loan that was sent to a collection agency. My state taxes have been taken for this bill for the last 4 years. I have paid nearly $3000 towards it. The university says that they have no paperwork on my bankruptcy and that they will forgive the remaining balance. They do not want to give my payments back. I noticed on my credit report that the address listed was that of the collection agency. I would like my money back but don’t know how to get it.

Asked on July 23, 2010 under Bankruptcy Law, Illinois

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Bankruptcy does discharge debts you owe but once you begin paying the debt or re-affirm the debt in writing, you now owe the money and must pay.  Re-affirmation usually occurs in the context of a home loan or car loan.  If you have been paying and the school is willing to forgive the remainder owed, make sure you get it in writing.  Consider reviewing your paperwork to ensure you did provide proper notice and if you are still unsure, check with the trustee.


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