Student loans in forbearance/deferment

[justmehere]

I paid my attorney last Tuesday and am waiting for my case number so I can get rid of my credit card debt in Ch. 7. Even though my student loans are not dischargeable, I understand student loan creditors can not go after you for payment during the automatic stay. My latest forbearance period ends in a week. Should I wait until after my bankruptcy is discharged to apply for my next student loan forbearance or deferment?

[lrprn]

Should I wait until after my bankruptcy is discharged to apply for my next student loan forbearance or deferment?

I would check with your lawyer to see if it's ok to contact your lender a few weeks after you file to discuss what the best option is going to be to ensure you don't have your loans go into default.

You didn't say whether your student loans are federal, private, or a mix. If you have one or more private lenders, about 30 days before discharge I also recommend checking to see what your lender has done about reporting the loans on your credit reports.

There have been a few cases where a private student loan lender has reporting student loans in default on a filer's credit report when the loans should be in deferment due to the bankruptcy. If this happens to you, dispute that immediately.

[dscurlock]

I would check with your lawyer to see if it's ok to contact your lender a few weeks after you file to discuss what the best option is going to be to ensure you don't have your loans go into default.

You didn't say whether your student loans are federal, private, or a mix. If you have one or more private lenders, about 30 days before discharge I also recommend checking to see what your lender has done about reporting the loans on your credit reports.

There have been a few cases where a private student loan lender has reporting student loans in default on a filer's credit report when the loans should be in deferment due to the bankruptcy. If this happens to you, dispute that immediately.

I would think federal/state student loans can not be discharged, how about private lenders for school loans...
or does it refer to NO SCHOOL LOAN can be discharged...

I would also think that the fed/state are only protecting themselves, and not private lenders...

[lrprn]

I would think federal/state student loans can not be discharged, how about private lenders for school loans...or does it refer to NO SCHOOL LOAN can be discharged...

Federal student loans have been non-dischargeable in bankruptcy since the early 1990s. When the current bk law went into effect in 2005, it made discharging private school loans almost impossible as well.

I would also think that the fed/state are only protecting themselves, and not private lenders...

Not the case, I'm sorry to say. The current bk law makes ANY student loan non-dischargeable unless some very rare and unusual circumstances exist. See http://www.moranlaw.net/studentloans.htm for an excellent review about how both federal and private student loans are treated in bankruptcy.