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federal student loans discharged in Chapter 13?

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    federal student loans discharged in Chapter 13?

    I've always heard that federal student loans are generally not discharged in bankruptcy.

    My Sallie Mae loan is not accessible online and hasn't been since I filed in 2009. I checked my credit report tonight and it's showed "closed" and "included in or discharged through bankruptcy chapter 13." Only a very small amount was paid through my Chapter 13 plan. I should have a remaining balance of about $2700.

    So what gives?

    Now that my bankruptcy is over and I have the money, they don't want it? lol

    #2
    Originally posted by papie View Post
    I've always heard that federal student loans are generally not discharged in bankruptcy.

    My Sallie Mae loan is not accessible online and hasn't been since I filed in 2009. I checked my credit report tonight and it's showed "closed" and "included in or discharged through bankruptcy chapter 13." Only a very small amount was paid through my Chapter 13 plan. I should have a remaining balance of about $2700.

    So what gives?

    Now that my bankruptcy is over and I have the money, they don't want it? lol
    Federal student loans are not supposed to be dischargeable, but I've heard that occasionally it will get overlooked and they will get discharged.

    Nolo also talks about an "unfair hardship test" wherein some debtors could petition for their student loans to be discharged. I'm not sure how often that is done because there are lots of people out there will 6-figure student loans and minimum wage jobs, and I don't hear about their loans being discharged.
    Chapter 7, above median, no asset. Discharged with no UST involvement.

    Comment


      #3
      Consider it not discharged. Unless you filed a complaint to determine dischargeability, that loan survived your bankruptcy. As mentioned, some lender "forget" about the loan, but that doesn't mean that it won't come back and haunt you much later.
      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
      Status: (Auto) Discharged and Closed! 5/10
      Visit My BKForum Blog: justbroke's Blog

      Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

      Comment


        #4
        Contact Sallie Mae regarding this. Student loans go into deferment once you file for bankruptcy and are sold/given to a different lender once you file for bankruptcy. Upon discharge- the loan needs to be sold/given back to Sallie Mae this process can take a few months. You're not off the hook for you student loans..

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          #5
          Mine ate in deferment but I try very hard to pay them each month. That means lean groceries and not much else. I don't w ant them sitting there incurring interest and having to owe more in five years!
          Discharge date: October 2017 (will it ever get here?)

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            #6
            My wife's sallie Mae loan for around $3500 just sat through 5 years of bk doing nothing. As soon as our plan was completed I received a letter from them and a payment schedule. The interest never changed its like 3%.

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              #7
              My 50K in student loans blew up to ~65K by the time I got out of CH 13. I was able to discharge about 55K in other debt so still came out ahead by 40K or so. My loan provider put it into default as soon as I declared and refused to talk to me about the loan until discharge, but now am back to paying it.
              Filed CH 13 September 17, 2007
              Plan Modified July 8, 2009 from $1100/month to $400/month due to change in income, finally discharged in July of 2013!

              Comment


                #8
                Originally posted by woeisme View Post
                My loan provider put it into default as soon as I declared and refused to talk to me about the loan until discharge, but now am back to paying it.
                Anyone who runs into this problem should ask his/her attorney to write a letter authorizing the lender to speak with you and accept your payments.
                LadyInTheRed is in the black!
                Filed Chap 13 April 2010. Discharged May 2015.
                $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

                Comment

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