Regardless of whatever anything says, your student loans are not discharged...

[adgardine]

not so fast...

Whether or not student loans must be discharged in an adversarial proceeding is currently up for debate. You need not be so absolute in your sticky response. I'm sure you have seen the current case pending before the supreme court:

United Student Aid Funds v. Espinosa

Espinosa's non-adversarial discharge was upheld by the appellate court.

[HHM]

So what you're saying is that student loans are rarely discharged in bankruptcy, except in severe hardship cases.

My mother has worked in the student financial aid field for almost 30 years and told me yesterday that she's seen student loans discharged in BK on several occasions. Typically, it's someone like a single parent earning minimum wage with 5 kids.

Point is, you have to file an adversary proceeding in BK court to get the discharge. They are not discharged by simply listing the debt in your BK petition. i.e. student loans are not accidentally discharged.

[HHM]

What about in Ch 13 are interest rates lowered?

Nope, nothing happens to them.

[frustrated51]

What about in Ch 13 are interest rates lowered?

[siestaguy]

STUDENT LOANS ARE NOT DISCHARGED in bankruptcy.

The ONLY TIME student loans are discharged in bankruptcy is if YOU file an adversary proceeding in bankruptcy court and demonstrate that paying your student loans would be a financial hardship.

So what you're saying is that student loans are rarely discharged in bankruptcy, except in severe hardship cases.

My mother has worked in the student financial aid field for almost 30 years and told me yesterday that she's seen student loans discharged in BK on several occasions. Typically, it's someone like a single parent earning minimum wage with 5 kids.

[HHM]

Ok, this question is getting to repetitive...so let's address it once and for all.

Regardless of what your credit report says, regardless of what the idiot agent at your student loan servicer says, STUDENT LOANS ARE NOT DISCHARGED in bankruptcy.

Also, there is NO Distinction between private and government student loans in this context. The BK code simply states "loans...for an educational purpose".

The ONLY TIME student loans are discharged in bankruptcy is if YOU file an adversary proceeding in bankruptcy court and demonstrate that paying your student loans would be a financial hardship, or raise a technical defense (e.g. the school closed before you finished your degree, or the school misrepresented your eligibility).

There is no accidental discharge of your student loan. If you didn't file an adversary proceeding, your student loans ARE NOT DISCHARGED.