cyn5
12-07-2008, 03:21 PM
We are considering filing for bk due to high cc debt and most of all our student loan debt (private loans through AES and Sallie Mae). I have read varying accounts as to what happens after you file. When you file for ch 7, obviously you get an automatic stay...but as soon as your case is closed, can the private student loan lenders demand the full amount right then and there? I am almost thinking it is better to file for ch 13 to get the student loans either included in your payment or at least you are protected from them for 3 or 5 years. I just started researching all of this and am not too saavy on how everything works. It seems you cannot discharge any type of student loan...even a private, high interest, unsecured loan that was taken out to pay for living expenses while in school! I am also wondering if in order to get some of your private loans discharged, if it would be possible to prove that your loans were not used for your education, but for other things such as rent, living expenses etc, especially if you were not working and had no other income! Yes, I know...I need to talk to a bk attorney...but just wondering if anyone has any recent experience on the private loan area. Thanks!
