Miraglia
Miraglia v. Pennsylvania Higher Education Assistance Agency
Opinion
Trial Court Opinion
Background 27 The following factual background is taken from the allegations in Plaintiff’s 28 complaint. Plaintiff is a resident of California. (Compl. ¶ 4.) PHEAA is a company that regularly attempts to collect debt using the name American Education Services (“AES”). (Compl. ¶¶ 8–9.) On or about June 2006, PHEAA granted Plaintiff an extension of credit. (Compl. ¶ 17.) On July 30, 2022, Plaintiff filed for Chapter 7 bankruptcy in the Bankruptcy Court for the Southern District of California. (Id. ¶ 32.) Plaintiff listed PHEAA, under the name AES, as a creditor in its bankruptcy filings. (Id. ¶ 33.) On November 2, 2022, the bankruptcy court entered a discharge order in Plaintiff’s Chapter 7 case and electronically notified all of Plaintiff’s creditors, including PHEAA, of the same. (Id. ¶¶ 34–35.) Following notification of the discharge, PHEAA failed to report to credit reporting agencies that Plaintiff’s $7,793 in debt owed to it was discharged in bankruptcy and continued to attempt to collect the debt. (Id. ¶¶ 36–37.) On January 18, 2023, Plaintiff notified PHEAA that he was represented by an…