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

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Regardless of whatever anything says, your student loans are not discharged...

This is a sticky topic.
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  • #16

    As this happened last fall I'm sure you have now resolved this, but I wanted to add my experience to this discussion as a warning to others. Some PRIVATE student loans (I had one with Citibank) automatically default if you file BK. I had NEVER even been late on a payment (it was automatic from my bank) and they stopped taking the money out when the BK was filed and (unlike Sallie Mae who just sent me a "it's time to start paying now" when the BK closed) I got a call from a collection agency asking for the whole amount of the Citi loan about a month after my BK closed. I worked out a payment plan with them and am soon going to offer them a settlement to get done with it. Anyway, I just wanted to throw this out there for anyone who is wondering how the whole student loan thing will turn out. It seems that your Stafford loan will be fine (just put on hold and then consolidation interest rate was unaffected), but any private loans may default automatically. And, of course, none of the debts are discharged...


    • #17
      Filed 13 Oct 2011. 341 was continued to March 2012 - The court notified US Dept Of Ed of my BK filing; my federal loan was quickly put into "administrative forbearance" for six months by the Ed Dept; I did not request it. I was told that I could make voluntary payments if I chose but that payments would be "held", not applied to the loan. As far as I know at this point, the loan will not be included in my 13 payment plan so I guess that interest will accrue on my large student loan for 5 years. Just doesn't seem right to me; most are aware that Fed student loans are rarely dischargable but the Trusteed treat them as a different class of unsecured debt.
      Stopped CC payments May 2010. Stopped mortgage payments Oct 2011. Filed 13 Oct 2011, Plan confirmed July 2012. Trustee required surrender of second home. Foreclosure sale completed May 2013. Now almost 2 yrs into the 5 yr plan payments


      • #18
        Will be filing in the next few months. Have 2 small private loans with Citi and Salli (5,000 and 8,000) and a larger Federal one. I stopped paying them last month, along with the credit cards. Citi and Salli are calling. The Fed will soon I guess. Do I tell them I will be filing? Do I have a certian amount of time before they start garnishment? Plan on filing mid Jan to Feb some time.


        • #19
          Treatment of Student Loans in BK is highly dependent on your individual case and if U are filing 7 or 13, the skill of your attorney, and what the trustee decides. In most cases, they have to be paid back sooner or later but in some rare cases they might be discharged.
          Stopped CC payments May 2010. Stopped mortgage payments Oct 2011. Filed 13 Oct 2011, Plan confirmed July 2012. Trustee required surrender of second home. Foreclosure sale completed May 2013. Now almost 2 yrs into the 5 yr plan payments


          • #20
            Originally posted by markinva View Post
            Treatment of Student Loans in BK is highly dependent on your individual case and if U are filing 7 or 13, the skill of your attorney, and what the trustee decides. In most cases, they have to be paid back sooner or later but in some rare cases they might be discharged.
            I appreciate the contribution, but that is just such a misleading statement. None of what you said has ANY bearing on whether student loans are discharged. Student loans are simply non-dischargeable unless the debtor can prove one of two exceptions, either
            1. The student loan is not really a student loan
            2. Paying the student loan would create an undue hardship on the debt.

            Doesn't matter if the debtor filed chapter 7, 11, or 13, doesn't matter which district you are in, doesn't matter which trustee you have.

            In order to get the student loans discharged, the debtor MUST file an adversary proceeding. There is no accidental discharge.

            That doesn't mean bankruptcy cannot be part of an over all strategy to solve a person's debt issues related to student loans, but I think what you stated is entirely misleading and misunderstands the issue, sorry.


            • #21
              HHM: Thank you for clarifying things. I have no intention of misleading anyone. I'm posting just based on my own general experience with my case and my student loan. For example, the UST here will now not allow me to include my loan in my 13 payment plan, other trustees will allow that. As you point out, an AP must be filed as well; lots of technicalities that must be handled by the attorneys. The levels of stress indicated by everyday folks in these postings compels me to share and post - hoping that it will help somewhat.
              Stopped CC payments May 2010. Stopped mortgage payments Oct 2011. Filed 13 Oct 2011, Plan confirmed July 2012. Trustee required surrender of second home. Foreclosure sale completed May 2013. Now almost 2 yrs into the 5 yr plan payments


              • #22
                Can't non-discharge of private student loans be a moot point though? If you are over the SOL so they can't sue and/or you filed insolvency on taxes after they sent a 1099C then it doesn't appear private student loan creditors can do anything.


                • #23
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