Q: Should a private student loan that went to collections have been discharged with a chapter 7 bankruptcy?
I filed for bankruptcy in August 2019 and received a discharge in November 2019. My lawyer stated that my student loans (I had 5 federal and 2 private which had long since gone to collections) would never get discharged so he didn't attempt to file for an adversary proceeding. I had two Sallie Mae private student loans go to the collection agency EOS CCA in September 2017, which I included in my list of creditors. Those two collection accounts popped up for the first time on my credit report yesterday (3/1/2020) with an origin date of September 2017. I became unemployed shortly after filing for bankruptcy and am just barely able to make the payments on the $23,000 of current federal student loans. I definitely can't pay a collection notice for $85,000. Should those two collection accounts have been discharged or are they still allowed to be collected on since the original creditor was a private student loan company?
A:
You attorney could have filed to have your loans discharged. An attorney in New York just had his loans discharged... The bank is appealing, but student loans are able to be discharged if you fight and prove you cannot pay them back. See below.
https://www.nbcnewyork.com/news/local/lawyer-gets-ny-bankruptcy-judge-to-throw-out-his-221000-in-student-loans/2257792/
Private student loans need an adversary proceeding to be discharged. You may want to see about reopening the proceeding and move to have your student loans discharged. See below for instructions.
https://www.alllaw.com/articles/nolo/bankruptcy/reopen-bankruptcy-case-after-discharge.html
Brian Winters agrees with this answer
1 user found this answer helpful
A: Without more information and an in person consultation your question cannot really be answered. Set up an appointment with an experienced bankruptcy attorney right away.
A: the loans may be discharged but it is an uphill battle. fairly hard burden of proof to overcome
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.
