student loan question - what about THIS?!

[brokeazz]

I refinaced my federal student loans a couple of years ago with a bank - doesn't this mean that the bank purchased the loans from the feds and would this make it easier to discharge them?
Also - this 36K in student loan debt is from one of those awful loan grinder 2 year private schools (in MUSIC of all things !?? What was I THINKING!?) and there is no way I will be able to find any kind of a decent paying job in my lifetime to make enough to repay these loans AT ALL unless I continue my education - thereby incurring MORE debt. It's a bad situation, and my husband and I are expecting our first baby. not great timing, but we are getting a little to old to put off having a child. My question on this is, what do you think my chances are of proving hadship? the education I received is totally useless in the "real world"

[brokeazz]

Footnote

I should mention, I had my 341 meeting last week. the only problem I encountered was that I FORGOT my ss card, and the judge (or was he the trustee?- confusing) said he would not discharge me unless I got him a copy of my ss card in 24 hours - which I did. He didn't mention ANYTHING about me listing student loans.
He was kind of a stickler though - kind of grilled me a bit, but I am a TOTAL no asset case (not even a shitty used car in my name! - never owned any property)

[Cmonlottery]

Our lawyer said to get student loans dismissed you have to prove to the court that there is no way you will ever be able to pay them. This pretty much means physically unable to hold a job or mentally unable to hold a job(pretty much committed in other words). It is very hard to get student loans dismissed(thanks Clinton).

[brokeazz]

was that Clinton's doing entirely? wow. what a creep.

[brokeazz]

BUt if they don't even ASK you about them at your 341 meeting, when do you get a chance to give any proof to the court?

[Cmonlottery]

Did you file pro-se? If not consult your attorney, 'cause I am sure there is more paperwork involved(and probably more money).

[brokeazz]

Yes, I did file pro-se. I'm sure they won't be discharged, and I think if I want to fight that I will have to have an adversary hearing. I wish I could find more info on this.

[HHM]

yeah, you are in a bind. Basically, student loans cannot be discharged unless you can show hardship, which as Cmonlottery said, you would need to demonstrate to the court that you could never pay them back.

As for the 341 meeting, the 341 meeting has nothing to do with the discharability of debt. In fact, you won't even get a list of debts that are discharged. See this post to understand what happens at discharge http://www.bankruptcyforum.com/showthread.php?t=2128. The student loan bank does not have to file anything with the court and the trustee makes not determination regarding whether the students loans are discharged.

If they are private student loans, then they are discharged, if they are not (meaning, did they start off as private student loans), they they will not get discharged.