Consumer complaint received 2023-10-26
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: SLM CORPORATION (MO)

There are XXXX Sallie Mae XXXX loans tradelines on my credit report I Filed Chapter XXXX In XX/XX/XXXX. These accounts show : The Smart Option Student Loan XXXX XXXX XXXX XXXX XXXX, XX/XX/XXXX last payment XX/XX/XXXX closed XX/XX/XXXX charged off purchased by another lender. XX/XX/XXXX late XXXX. 
The XXXX XXXX XXXX XXXX XXXX XXXX Promissory Note XXXX, XXXX last payment XX/XX/XXXX closed XX/XX/XXXX charged off purchased by another lender. XX/XX/XXXX late XXXX. 
The Smart Option Student Loan XXXX XXXX Promissory Note, requested amount {$7000.00}, academic period XX/XX/XXXX XX/XX/XXXX last payment XX/XX/XXXX closed XX/XX/XXXX charged off purchased by another lender. XX/XX/XXXX late XXXX. 
These accounts have been dormant for since XXXX during the time I was in an active Chapter XXXX. 
Ordinarily unsecured loans ( such as private student loans ) are fully dischargeable in bankruptcy. The Bankruptcy XXXX provides XXXX exceptions relating to educational obligations 1.11 U.S.C. 523 ( 8 ) ( A ) ( i ) ; 2. 11 U.S.C. 523 ( 8 ) ( A ) ( ii ) ; or 3. RS Code 221 ( d ) ( 1 ). See 11 U.S.C. 523 ( 8 ) ( B ). These loans did not mean any of these exceptions.

The lenders had the initial burden to prove that the loan is a qualified education loan that is excepted from discharge. They did nothing but allow the loans to become dormant and barred. 
The lenders held to XXXX saying it is a educational benefit, I did not receive the benefit based on IRS XXXX. Only XXXX person or marital status can claim the XXXX T when they file. 
A creditor with a claim against a debtor XXXX file a proof of claim, XXXX XXXX. XXXX ( a ), which consists ofwritten statement setting forth a creditors claim, Fed. XXXX XXXX. XXXX XXXX ( a ). A proof of claim executed and filed in accordance with [ the XXXX XXXX of Bankruptcy XXXX ] shall constitute prima facie evidence of the validity and amount of the claim, Fed. XXXX XXXX. XXXX XXXX ( f ), and the claim is deemed allowed unless a party in interest to the bankruptcy proceeding. 
Sallie Mae did file said claim, was aware of the discharge. The sold to another lender. 
The Supreme Court in XXXX v. XXXX, XXXX XXXX XXXX XXXX ( XXXX ), has ruled that if a lender has knowledge of a bankruptcy discharge and takes intentional actions believing that the discharge does not apply to its actions, then the lender is in contempt if there is no fair ground of doubt as to whether the order barred the creditors conduct. In other words, civil contempt XXXX be appropriate if there is no objectively reasonable basis for concluding that the creditors conduct might be lawful. 
Sallie Mae charged of the deb and sold to another lender/ t XXXX debt buyers XXXX claim they are not covered by the discharge order and have no knowledge of the order. The creditor should be in contempt for selling a XXXX debt or for hiring a collector to collect on a XXXX debt. 
Every circuit ruling on the issue llow for Fair Debt Collection Practices Act ( FDCPA ) claims for violation of the bankruptcy discharge. XXXX XXXX Fair Debt Collection XXXX XXXX buyers purchasing private student loan notes can not claim holder-in-due-course status to avoid the consumers defenses against the originating lender. The very inclusion of the FTC XXXX Notice and the fact that the debt buyer purchased the note after the consumers default are XXXX of the potential grounds that defeat holder-in-due-course status. XXXX XXXX Mortgage XXXX XXXX.