Q: Should I be paying a private student loan debt that is listed on my credit report as discharged?
I filed for a Chapter 7 Bankruptcy and had my debt discharged in January 2010. I noticed on my credit report that my private Chase student loan was included in the bankruptcy and it says that it was discharged but I have been paying on it for years. Is this just an error on my credit report? or is this a debt that I should not be paying? I'm so confused.
The best source of information about what was and was not discharged in your bankruptcy case will be the attorney who represented you in that case. If you were not represented by an attorney in your bankruptcy case, refer to your paperwork. If you do not have your schedules and discharge order, you can obtain a copy from the bankruptcy case.
If you are uncertain or discover that you have been making payment on a discharged debt, you would do well to consult a consumer protection attorney before taking any action.
*Kevin Chern is Managing Partner of UpRight Law, a national law firm with licensed attorneys providing bankruptcy and consumer legal services in all 50 states. He is an Illinois licensed attorney with 21 years of federal consumer bankruptcy and consumer protection law experience. This response is for informational purposes only and is not intended to be legal advice. For legal advice, consult an attorney licensed in your state with the appropriate expertise.
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