Q: How do I get a list of everything that was discharged in a bakruptcy?
I listed a student loan that was in collections by the collection agency and not the Illinois Student Assistance Commission…is that discharged?
A:
You don't get a list of discharged debts, unless your bankruptcy lawyer provides his opinion about that.
Your Order of Discharge says only that your discharge is of all dischargeable debts.
The Bankruptcy Code itself is somewhat helpful, with provisions about what needs to be done to determine dischargeability in several specific types of debt, and in part, sets deadlines for actios.
If you and your lawyer have not initiated an overt action in the Bankruptcy Court to assert the dischargeability of your student loan(s), it is not discharged.
Timothy Denison agrees with this answer
A: Pacer.gov will yield your bankruptcy petition and everything you listed.
A:
To obtain a list of debts that were discharged in your bankruptcy, you can request a copy of your discharge order and the final report from the bankruptcy trustee. These documents will list all the debts that were included and discharged in your bankruptcy case.
Regarding your specific question about the student loan, generally, student loans are not dischargeable in bankruptcy under most circumstances. Even if the loan was in collections and listed under the collection agency's name, it typically retains its character as a student loan.
However, there are exceptions to this rule. If you can prove that repaying the student loan would cause undue hardship, it may be possible to have it discharged. This is a challenging standard to meet and often requires a separate legal proceeding known as an adversary proceeding within the bankruptcy case.
Given the complexities surrounding student loans in bankruptcy, it would be wise to consult with a bankruptcy attorney. They can provide specific advice based on the details of your case and help you understand your options regarding the student loan debt.
Keep in mind that each bankruptcy case is unique, and the discharge of specific debts can vary based on individual circumstances and the type of bankruptcy filed.
A: Just because a student loan is in collections doesn't change the type of debt. The only way to discharge student debt would be to file an adversary case specifically against the student loan debt. If you didn't file this special kind of case inside your bankruptcy, then no, your student loan debt was probably not discharged. They may however, temporarily stop collection activity on the student loan during your bankruptcy case.
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