Private Student Loans

[DebtMan2020]

Hi all,

I have a question that I'm having a little trouble finding a concrete answer to. I have a slew of student loans and am currently in chapter 13. I have 75k in federal loans that are not on my claims register that I know I have to pay on after my plan ends. However, I also have 2 loans from private lenders (PNC / Discover) that are included in my plan with assigned claim #s. My question is, do these get discharged at the end of my plan? My lawyer is asking if I "used the funds for school" - I told him some yes, some I spent unwisely on other things. Either way, they were intended as student loans originally so I am unsure of where they will end up when my plan is over. Has anyone dealt with this before?

Thank you.

[despritfreya]

Your attorney is asking very specific questions due to the holdings in a few appellate level cases. For one such case, Google:

In re Homaidan

This is a 2021 decision out of the 2nd Circuit Court of Appeals. I believe you are in the 3rd Circuit. I do not know if there is a similar decision in your Circuit.

Des.

[DebtMan2020]

To follow up on this...I am going to speak with my lawyer about these tomorrow. I am going to get his opinion on the matter and see if its worth opening two adversary proceedings to challenge these. Total of these two loans is over $20k so to me it's worth a shot. As despritfreya said I am in the 3rd circuit which doesn't have a clear case on these like the 2nd circuit does.