So at my 341 meeting, my trustee is asking about the nature of my debt and I tell him it's all unsecured credit cards (I'm reaffirming house and auto). He says "you also have student loan debt?" I say "yes about 45K" So he says "You know that your loans might not get discharged?" So my question is why would he say that? I thought they never got discharged?? We definately couldn't meet any of the extreme circumstances (we've over the median income and will be in ok shape to repay these loans after BK), so why would he ever mention a possibility??
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Not sure what the trustee was thinking when he says that.
BUT, to discharge student loans, the debtor MUST file an adversary proceeding in BK court to ask the court to discharge them. -
That's what I thought too and there's no way that we could claim that it would be undue hardship; we'll be in pretty good shape when this is all over. Thought it was a strange comment to make. I do think we got lucky, as our trustee seemed pretty sympathetic to everyone at my 341.Comment
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From what I understand, they can not be discharged unless the debtor dies, becomes disabled, or the loans were issued as a private loan.01/17/2009 Filed
03/03/2009 341 Meeting
04/14/2009 Confirmation HearingComment
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I have one of those Sallie Mae career training loans that is really tearing me a new one. I have read that student loans will only be forgiven if there is an "undue hardship" or the inability to maintain a minimal standard of living.
AFTER the chapter 7, we're looking at an extra $350 a month after bills for a family of three. Is THIS a minimum standard of living?Chapter 7 Discharged 06/2009Comment
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