Newark, NJ asked in Bankruptcy and Collections for New Jersey

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?

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6 Lawyer Answers
Karra Kingston
Karra Kingston
Answered
  • Bankruptcy Lawyer
  • Staten Island , NY

A: They can still collect against you.

Derek John Soltis
Derek John Soltis
Answered
  • Bankruptcy Lawyer
  • Jersey City, NJ

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

Leonard R. Boyer
Leonard R. Boyer
Answered
  • Bankruptcy Lawyer
  • Clifton, NJ
  • Licensed in New Jersey

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.

Brian Winters
Brian Winters
Answered
  • Bankruptcy Lawyer
  • Bradley Beach, NJ
  • Licensed in New Jersey

A: My opinion is that the loans may be dischargeable.

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

A: They are still able to proceed against you.

Ivan Raevski
Ivan Raevski
Answered
  • Bankruptcy Lawyer
  • Metuchen, NJ
  • Licensed in New Jersey

A: the loans may be discharged but it is an uphill battle. fairly hard burden of proof to overcome

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