Chapter 7 Student loan

[Batiatus]

Believe that Private student loans were dischargeable before. I'm not sure if my private loans qualify since they are disburse in 2004 and 2005. I filed without an attorney and also filed an adversary proceeding for my student loan. My Private loan would like to settle at $20K and my federal loan they are not willing at all. I tried the BIR calculator and it will be around $269/month for 25 years. But can I ask the judge not to consider my child support of payment of $1600 a month as income? If I take out the $1600 a month my monthly payment for my federal will be $125/month

So my questions are
#1 Can I still get my private loan discharge that were disburse in 2004 and 2005
#2 Can they not consider my child support payment of $1600 as income?

Thanks in advance

[backtoschool]

Private loans, no matter when they are from, are not dischargeable.

[KeithDoxen]

Believe that Private student loans were dischargeable before. I'm not sure if my private loans qualify since they are disburse in 2004 and 2005. I filed without an attorney and also filed an adversary proceeding for my student loan. My Private loan would like to settle at $20K and my federal loan they are not willing at all. I tried the BIR calculator and it will be around $269/month for 25 years. But can I ask the judge not to consider my child support of payment of $1600 a month as income? If I take out the $1600 a month my monthly payment for my federal will be $125/month

So my questions are
#1 Can I still get my private loan discharge that were disburse in 2004 and 2005
#2 Can they not consider my child support payment of $1600 as income?

Thanks in advance

You say that you've filed an AP with regard to your private student loan. The only way to get them discharged via an AP is to prove undue hardship, which is basically defined as you never being able to work again. I don't know your situation, but very few cases actually end with student loans being discharged through the AP. Provided that your student loans are not discharged, which is the likely outcome, I would recommend accepting the 20k settlement for your private loans. Is that a good deal? What is the current balance? If they're knocking off a good, solid chunk of your private loan, then you're going to come out a lot better off than many filers with student loans do.

[backtoschool]

Federal loans will not settle, in fact they will add collection charges to your defaulted loans of as high as 25-30% of the principal. If your private loan is settling, by knocking off some interest, etc, then that is the best deal you can expect.

As KeithDoxen says, it is almost impossible to get your loans discharged through an AP.

All income will count towards your ability to repay your student loans.