Q: Hi I filed BK in 2011 and in schedule F it listed my private student loans. My BK was granted does that mean it was dis
How can I find out what exactly got discharged?
A: Student loans are not usually discharged unless you filed an adversary proceeding and proved the requisite elements. So I would doubt that they were discharged. I would also suggest contacting your counsel if you filed through one
A: Generally, student loans are not dischargeable, notwithstanding the fact that they are listed in the creditor list in the bankruptcy case. I recommend you contact your bankruptcy attorney that assisted you with the case or if you filed without an attorney, consult with a local bankruptcy attorney who has knowledge of student loan issues and dischargeability of those loans. Also, are you receiving bills or demands for payment for the student loans? You can also get a copy of your credit report to see if how the student loans are being treated.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (510) 841-6164
- View Profile
- Answered
A: Normally, student loans are not dischargeable. However, If your loans were from a private lender i.e. not federal backed loans, and you filed your private loans in your appropriate schedule (please notice I mentioned "private loans") and they were listed and you properly notified the financial institutions holding those debts. Then, it is safe to assume they were discharged. If they challenged the debts you or your attorney, should have known about it. Talk to your lawyer that prepared the BK. Best of luck.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
