NON-Eligible Institution or NON-Title IV school

Hello,

I have several questions on Private education loans that were used to finance a non-eligible institution outside the United States.

1. Does the section 523(a)(8) except private education loans that were used to finance a non-eligible institution(meaning is not a Title IV school...no federal loans were allowed for this school) outside the United States?

I understand that section (B) states that the loan must be made by an eligible institution in order to be a "qualified educational loan". So, the loan passes this section, but does it pass the (A)(i) and (ii)?

For reference here is the section 523

(A) (i) an educational benefit overpayment or loan made,
insured, or guaranteed by a governmental unit, or made under
any program funded in whole or in part by a governmental unit
or nonprofit institution; or

(ii) an obligation to repay funds received as an educational
benefit, scholarship, or stipend; or

(B) any other educational loan that is a qualified education
loan, as defined in section 221(d)(1) of the Internal
Revenue Code of 1986, incurred by a debtor who is an
individual;

Sorry that no one has responded, I think you have stumped us. Your question is hyper-technical and would require a specific case from some court, somewhere to answer.

I can tell you this, however, the burden is on the DEBTOR to prove that a student loan can be discharge. You are the party that is required to file the Adversarial Proceeding so the court can make a determination as to the dischargeability of the student loan. If you do not do so, you will probably be dealing with collections for a long time on this debt. And no amount of "but I filed BK", "this debt was included in BK", is going to stop the collection agency.

Thanks for the help. Anyone else wanna take a crack?? I have emailed a few authors to see if they know.

What if the school was in the US and just was a unaccredited trade school that did not have federal loans available to it, just private loans. Therefore, it is not an eligible institution. Anyone with experience with trade school loans that came from a private financial company? Were your loans considered student loans or just consumer loans??