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

Welcome to the Bankruptcy Forum. Bankruptcy (BK) Forum is known as and will be referred to as BKF hereinafter. In order to ensure a long term success of our vibrant community, we have established certain rules and guidelines to which everyone must adhere to. Please take your time to carefully read our rules, before you start to participate in the community.

Things you agree to do: (BKF) users agree to use the search function before starting a new thread. This prevents duplicate discussions and allows for better organized topics.

All BKF users agree to read the sticky posts which may be available at the top of a forum page. These Sticky posts often contain valuable information. They may also outline more rules and guidelines specific for that particular forum, stickies are put in place by that forums moderator(s) or admin(s).

Things you agree not to do:

All BKF users agree not to call people names or write a post simply to make a personal attack, or get a negative reaction; this behavior is not allowed on our forum. The use of derogatory language aimed at anyone will be severely dealt with. There is no need to agree with each other, or to even like each other. However, by signing onto you agree to treat each member and guest with the respect they deserve. No threats or personal attacks will be allowed.

All BKF users agree not to discuss, engage, or encourage any behavior or activity which violates the law. Discussion of drugs, violence, murder, theft, vandalism, fraud or any other issue which could be used to help individuals break the law is strictly forbidden.

All BKF users agree not to "bump" old threads, unless there is a specific benefit to the community by doing so. But in most cases, please don't post in very old threads, instead start new threads.

All BKF users agree not to attempt/use another members account. It is against BKF rules to use any account other than your own. Impersonating another member will result in an immediate ban. It is also against the rules to open more than one account in your own name without permission from a moderator or administrator. If you have been banned for any reason, it is against the rules to open another account. If you were banned temporarily and you are caught using another account you will be banned permanently. Choosing a moniker which is similar in either sound or spelling as a moderator or administrator is strictly forbidden.

All BKF users agree not to private message any moderator, admin, or other member with questions related to their personal circumstances (Questions about the forum or issues with the forum are ok). This forum only works when members share their experience and insights with everyone.

Things you agree not to post:
All BKF users agree not to post any derogatory/racist/or sexist remarks. This includes attachments, links and all information contained within posts, signatures, and avatars, failure to comply with this rule will result in a permanent ban.

All BKF users agree not to post any copyrighted or trademarked information without the express written permission of the owner(s) / proper citation of source.

All BKF users agree not to post any real names, addresses, telephone numbers, email addresses, social security numbers, or any other personal details (their own or other people's).

All BKF users agree not to post links, pictures, attachments, videos, or the like of pornographic content, objectionable material or extreme violence, whether cartoon or real.

All BKF users agree not to use BKF for advertising purposes without a written contract between yourself/company/agent and the administration of BKF. Blatant advertising will result in a ban.

All BKF users agree not to spam the forums. Spam includes but is not limited to posting erroneous, non-relevant-useless, off-topic, or meaningless posts. Spam may also include posts which contain no text, or large areas of blank space between lines. Simply posting emoticons without text is considered spam. BKF is the largest bankruptcy message board and all the content is intended to help other users. Please help us improve the quality of our forum by making sure that your posts are well-worded, spell checked, grammatically correct and syntaxed.

Regarding actions of moderators and administrators:

The forum is no place to air out your opinion or be judgmental of our staff and its capabilities.

All BKF users agree not to abuse or mistreat moderators or administrators. It is against BKF rules to post any information regarding bans or any other action taken by a member of the moderating or administrative team. If you wish to discuss bans or warnings please do so via PM. To place a complaint against a moderator, send a PM to a super moderator. All Moderators are equal, any decision made by a moderator must be adhered to. If a moderator tells you something you do not like, do not go to another moderator looking for a different answer. If you are caught doing this you will be banned. The moderators work as a team and respect the decisions made by their peers and will help enforce them unless an administrator tells them differently.
If you have an issue with how the forum is run, then notify one of our administrator and we will look into the situation. We have in the past and still do appreciate any input that you offer this forum. But critical input and/or judgmental postings towards the staff will result in you getting banned.

Should you find a thread offensive or out of line, then notify a Mod in a PM so they can evaluate the situation and do the action deemed necessary.

All moderators do have active "other" lives outside of the forum and help moderate this forum in their spare time throughout the days and weeks.

If you have a problem with a member or Mod follow the proper channels of reporting it.

BKF reserves the right to delete any posts which contain anti-BKF comments or discussion. Any bashing of moderators or administrators, or any of their discussion or actions will also be deleted, and the responsible posting party(s) will be banned. Any public anti-BKF advertising, communication, or posts on another forum will result in permanent bans as well.

All warnings and bans are decided by individual moderators and administrators. Warnings are preferable to bans however, for serious offenses and repeat abusers bans will go into effect. The length of the bans can vary from several hours to permanent.

All messages posted or sent including through PM are the property of

All BKF users agree not to advertiser on the forum (Niether by posting, private messaging or using your signature). If you are a company/attorney/legal adviser wishing to advertise on the site or sell a product, you must contact the head administrator and inquire about our advertising packages.

All bankruptcy related opinions expressed on are those of their authors and not necessarily of BKF, its staff or representatives.

You agree not to copy any material/post/content from BKF without written permission from our head administrator .

By posting on this forum you agree to these terms and conditions, including any punishment deemed appropriate by moderators or administrators in the event of an offense.

Administrators/Moderators can change these rules at any time without prior notice.
See more
See less

Did you get your SALLIE MAE/WELLS FARGO PRIVATE loan/s discharged??

  • Filter
  • Time
  • Show
Clear All
new posts

  • Did you get your SALLIE MAE/WELLS FARGO PRIVATE loan/s discharged??

    It appears it is possible in some cases!

    Greetings all.. Newbie here..

    Hubby and I will be filing a 'no asset' CH7 case soon and possibly doing this pro se & will obtain a free consultation at the very least before deciding.

    My husband has 3 private student loans out so we've been doing a lot of research to see if they are dischargeable.. Most links/info I found seems to indicate NOT, however I came upon this site:


    (Oops looks like I can't post links yet, so you'll need to add the http stuff to the partial link above.)

    Reading this and all the links provded, it seems there may be a few instances where the loans can be discharged.

    In our particular case I *think* ours are dischargeable based on the fact that the loans were obtained for tuition/career training at schools are not 'eligible education institutions' under Title IV Higher Education Act.

    I wanted to see if anyone else has discovered this & taken advantage of this option successfully.

    Also, I'd like to know if yours was a pro se case. I would like to know how to go about this easily without an attorney. I obviously am not an attorney, but it seems CLEAR enough (if what I read is true) that our loans could be easily discharged based on pure FACT. I would just need to now the process and paperwork involved to be sure the loans are discharged.

    Can anyone help or share what they have discovered in their research and/or experience?

    Thank you kindly ~

    C (HopefulMamma)

  • #2

    Could we address the law that appears to allow for my husband's student loans to be discharged (loan obtained for tuition at a 'non accredited' institution under Title IV Act -- see OP above), IN THE INITIAL FILING (of CH7)?

    My feeling is if we can quote the current law that would apply and allow for discharge, that we could avoid having to drag this out with filing for an AP.

    Is this possible, or does addressing 'dischargeability' always have to be via an AP?

    Thanks in advance~



    • #3
      Hmmm.. Did some further research & looks like an AP would need to be filed (w/or w/out an attorney). Legal counsel is looking better and better.


      • #4
        After 2005, the laws changed with regards to what is non-dischargeable. The law added that basically any "obligation to repay funds received as an educational benefit, scholarship, or stipend" is non-dischargeable. If what you owe is a "loan" and not a "balance on account", you may find it is non-dischargeable.

        You could start an Adversary Proceeding (AP / complaint), but you have to understand that is a full blown civil trial. You will need to have evidence admitted and you will need experts to prove your evidence or case.

        I would be very careful relying on those discharges in the above 2 cases mentioned. They were both stipulated dismissals which means that it was a negotiation and did not go to trial. I do not know what was in the agreement which led to the joint stipulated dismissals, but that is something a seasoned attorney, seasoned in APs related to student debt, may be able to help with.

        Additionally, you must look at the cost. An attorney is likely to want at least a $4-5,000 retainer to file an AP.
        Last edited by justbroke; 08-24-2014, 07:37 PM.
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        I am not an attorney. Any advice provided is not legal advice.


        • #5
          Thanks, JB.. I appreciate the input..

          The info I found relates to 2012 and from ''... I can't post a link but searching using the site info & "student loan bankruptcy discharge" should bring it up.. This guy is citing federal case law.. I could be misunderstanding things but it appears that there might be a possibility of discharge. Hmm.. More researching!


          • #6
            If you actually read the cases, they are ALL stipulated judgements which means they were negotiated. They never went to trial. At least 3 of them are from the same attorney, so that specific attorney has had some success with this.

            I am not trying to imply that your loans are not eligible for discharge. I'm saying that this is not as easy as it looks.

            (This specific litigator may be so good, that he tells Sallie Mae that they'll spend more than the actual debt, trying to defend the debt. I didn't see any of these loans over $40K with most in the $20K range. A lot of that could have been interest, so fighting could cost more than the loan principal balance. This is why people settle. I also do not know how much in fees were paid by the debtor to have those APs litigated. The attorney may have done it pro bono, which would be nice.)

            Please realize that not one of these went to a ruling. There is no established precedence.
            Last edited by justbroke; 08-24-2014, 07:48 PM.
            Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
            Status: (Auto) Discharged and Closed! 5/10
            Visit My BKForum Blog: justbroke's Blog

            I am not an attorney. Any advice provided is not legal advice.


            • #7
              Originally posted by HopefulMamma View Post
              I would like to know how to go about this easily without an attorney.
              Filing a prose AP will not be easy. Filing Chap 7 prose will not be easy. If you want easy, hire an attorney.
              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!


              • #8
                Yes.. I know you're right... I believe that is what we're going to be doing.. *Whew* I feel relieved already! Thanks for your input!


                Unconfigured Ad Widget