Asked in Bankruptcy and Collections for Pennsylvania

Q: If the original lender of a private student loan forgives it and it is sent collections, can you discharge in bankruptcy

They original lender of my private student loans wrote them off and sent them to collections. I checked my credit score on Credit Krama and it listed other federal and private student loan debt but the others where under collections by national collegiate student loan trust. I am on disability and only work part time (plus I rent and do not own a house). My husband works full time as a registered nurse but they have never been able to garnish my wage, disability, or bank account. Is this debt now freely dischargable in chapter 7 or chapter 13 bankruptcy even though it started out as private student loans?

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2 Lawyer Answers
Cristina M. Lipan
Cristina M. Lipan
Answered
  • Bankruptcy Lawyer
  • Wantagh, NY

A: The private student loan may be dischargeable under hardship if you have been found disabled by social security. You will need an attorney for that.

1 user found this answer helpful

Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: They may be dischargeable as a hardship, but they were not forgiven by the original lender if they were written off as a bad debt and thereafter sent to collections.

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