Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

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SL discharged after 6 years, repayment?

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  • SL discharged after 6 years, repayment?

    Good afternoon,

    As a baseline, I filed chapter 7 and was discharged in 2010. I was going through what I thought was junk mail and found a letter from a company that I have a private student loan with. It says that after review of their accounts, I am no longer obligated to repay my private student loan due to the discharge of my bankruptcy. It said the co-borrow could still responsible. The thing is my parents filed chapter 7 about 12 years ago, and also received this letter saying it was discharged and they don't have to pay it. As a result of this, how do I go about getting this removed from my credit report? Also, it says I can file a claim for a return of payments. I called the number and it is an answering machine. Are they really going to repay me for my payments since discharge? That would be over $10,000. Can they change their mind or is this letter I received in the mail legally binding? All of this is exciting and I can't really believe it. Just looking for any guidance if anyone has experienced anything like this before.
    Last edited by lostinnola; 04-17-2016, 02:47 PM.

  • #2
    Your default will not be removed from your credit report until 7 years after the first default.

    Unless you got an order from the bankruptcy court that the student loans were discharged, be very careful! This sounds suspicious. Don't give them any information about yourself on the phone other than information contained in the letter they sent. If this is legit and they intend to refund payments to you, they should be able to do that based on information in their records. Try an internet search of the company sending the letter and on phrases used in the letter to see if you find any information on fishing scams. Even if you don't find any information about a scam, proceed very carefully.
    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!


    • lostinnola
      lostinnola commented
      Editing a comment
      I know this is a legit letter. It is directly from the bank. The number goes to the lawfirm that works with keybank on bankruptcy. I had called them about 5 years ago to see if I had to continue paying and they would never get back to me. It is the same law firm and when I did a reverse look up of the number it comes back to that lawfirm. I have never missed a payment on this student loan because I didn't think it was discharged. If I quit paying now, it will show I am missing payments on my credit report? I have worked really hard on getting my credit score back up and don't want to mess it up.

      I thought there might have been some type of loop hole as my parents were the primary and I was the co-borrower. They filed bankruptcy prior to 2005, when you could discharge the private loans. I know my sister (who has never filed) had some student loans as the co-borrower with my parents and her loans just disappeared from the online system and her credit report when my parents filed.
      Last edited by lostinnola; 04-17-2016, 04:27 PM.

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