Credit Report Indicates Student Loans Discharged

[sara123]

I just received a discharge on my chapter 7 last week. I checked my credit reports today and all my student loan accounts were listed as discharged in bankruptcy. I attempted to look at my sallie mae account online but it won't let me look at it and says I will have to call. I did not apply for a student loan discharge but they were listed on my account. Is the credit report just a way of processing them through the bankruptcy and they will show up again or is it possible they were actually discharged?

If they haven't been discharged, is it too late to file the paperwork to have it examined for the possibility of discharge?

Thanks

[HHM]

Your student loans are not discharged. Credit reports are not legal documents that have any bearing on the true status of the account. Generally, the update is to merely show that the student loans were listed in your BK.

As for filing "paperwork", there is MUCH more to it than that. There is no simple form you file to request discharge of student loans.

You need to file a Complaint in BK Court (which begins an adversary proceeding).
Then serve the complaint on the lender.
The lender will answer.
Then you sill start discovery. You will usually need 2 expert witnesses to come in and testify in court that the student loans are hardships.
etc etc.

Average attorney's fees for these proceedings are in excess of $10,000 plus costs (expert witness fees, depositions, etc). Sometimes you can find an attorney willing to do this pro bono, but you would need to have a strong case.

[AngelinaCatHub]

HHM is right and as you are bankrupt, probably the best thing is pay the loans the best way you can. Like IRS you cannot get off the student loans, and you probably will lose if you fight them in AP. 'Hub