student loan

[tcauvet]

I have a question about student loan debt. I'm a year in Chp 13, and have about $35,000 in student loan debt which consists of both private and govt loans. The govt loans are consolidated, and outside of the banckruptcy. I've been making payments on that debt, and should have it paid of by the end of the year. The private loans have filed claims and are all part of the bankruptcy. Does that mean that the private loans will be discharged when my bankruptcy is over? I thought you couldn't discharge student loan debt. When I call Sallie Mae for my remaining debt amount they give me the govt portion of it. Can the private lenders file claims within the Bk and come after me for the rest after ch 13 is over?
thanks!

[HHM]

When it comes to student loans (public or private), the burden is on the debtor to demonstrate whether the loans can be discharged in BK. Thus, you would need to file a Motion with the court to determine dischargeability of the private student loans. If you do not do so, those student loans will be presumed non-dischargeable. So yes, if there is a balance left on those private loans after the discharge of your chapter 13, you would still be obligated to pay that balance.