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Student loans were discharged?

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  • Student loans were discharged?

    I am highly confused, as I usually am by the time I decide to ask you guys question.

    Okay so, I have paid attention on the forum and I know that student loans are not dischargeable in chapter 13 bankruptcy unless you can prove undue hardship.

    But I was wondering if that still applies to credit based education loans that were not backed by the government. I have student loans that are completely separate and were not even in my bankruptcy because they were not due for repayment. However, I have some loans with Sallie Mae that were credit based and required a cosigner. I know that they were not federally funded because I was not eligible for federal financial aid at the time I got these loans. That being said, I still did not expect them to be discharged.

    I just got my trustees final report and account. It includes the amount of these loans in the "Amount of Unsecured Claims Discharge without Payment". I plan to call the lawyers office tomorrow, even though I received a letter saying she was no longer my lawyer since I'm discharged, but I know you guys are pretty knowledgeable so I thought it wouldn't hurt to run it past you guys. According to this trustees report, those loans that sallie Mae put a claim in for have been discharged. What do you guys think? I just want to know where I stand so I know how to deal with Sallie Mae. I heard they can be pretty vicious

  • #2
    Does it say anthing about the loans in your plan confirmation or your discharge order?
    LadyInTheRed is in the black!
    Filed Chap 13 April 2010. Discharged May 2015.
    $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

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    • #3
      Confirmation plan only mentions my secured claim (car) specifically. It lumps all other unsecured non priority debt together.

      The discharge order only says that I'm granted to a discharge and then lists the parties notified (sallie mae is on that list)

      The trustee's final report and account is the only thing that breaks down what was claimed, paid, and discharged. Its on court letterhead and filed in PACER. Other than those loans, I only had about $15,000 in debt. The "Amount of Unsecured Claims Discharged without Payment" is $49,053.39 according to his report. Like I said, I'll ask the lawyer in the morning but I sent her an email asking for a referral to an attorney that could help with vacating my judgment and she didn't answer. She may not answer this either.

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      • #4
        As far as I know, private student loans are also not dischargeable. The trustee's report gives hope, but I don't know if it can be relied on to determine that the debt was discharged. I hope your attorney gets back to you.
        LadyInTheRed is in the black!
        Filed Chap 13 April 2010. Discharged May 2015.
        $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

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        • #5
          Not discharged, period.

          Unless you brought an adversary proceeding to claim an undue hardship, the loans are not discharged.

          You are looking at standard language. The BK code determines what is or is not discharged, not boilerplate language in a trustee notice.

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          • #6
            Will the trustee's office clarify if I call?

            No offense to your expertise, HHM, but everyone on this site told me I couldn't get out of my bankruptcy early either but I did. My situation was different so I'm hoping for some explanation of that report. Doesn't hurt to hope.

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            • #7
              If you want them to tell you your student loans were discharged, they won't tell you that (most likely), that would be a legal opinion that they cannot give.

              But, they might explain the notice. (although I doubt it).

              There is no "accidental" discharge of student loans, and there is no legal distinction between govt. guaranteed student loans and private student loans. The only issue would be whether the private student loans, were, in fact student loans...but again, that is an issue that needs to be raised in an adversary proceeding (it doesn't happen automatically).

              Just on procedural grounds, the trustee final report is not a legally significant document, it is not a court order, it is, as it states, a "report." And all it purports to report is what claims were paid, what claims weren't. The only document that matters is the discharge order (from the court). In any event, no one in the BK system, the trustee, the judge, the court, will actually itemize for you and tell you which debts were discharged and which debt's were't.

              I know that is not what you "want" to hear, but it is reality.
              Last edited by HHM; 05-24-2012, 03:43 PM.

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              • #8
                Thank you for your slightly hostile response. I apologize for overstepping my peon status in the presence of your irrefutable knowledge.

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