Trustees comments on PACER

[Clover329]

Hi All,

I had my 341 mtg on 4/29 and checked PACER today. Here is what the trustee wrote:
Chapter 7 Trustee's Report of No Distribution: I, Trustee,
having been appointed trustee of the estate of the above-named debtor(s),
report that I have neither received any property nor paid any money on
account of this estate; that I have made a diligent inquiry into the
financial affairs of the debtor(s) and the location of the property
belonging to the estate; and that there is no property available for
distribution from the estate over and above that exempted by law.
Pursuant to Fed R Bank P 5009, I hereby certify that the estate of the
above-named debtor(s) has been fully administered. I request that I be discharged from any further duties as trustee. The 341 meeting was held.
Key information about this case as reported in schedules filed by the
debtor(s) or otherwise found in the case record: This case was pending for
2 months. Assets Abandoned: $ 6600.00, Assets Exempt: $ 12758.29,
Claims Scheduled: $ 83829.83, Claims Asserted: Not Applicable, Claims
scheduled to be discharged without payment: $ 83829.83.

I have a question about the claims scheduled to be discharged. The $83K figure includes my student loans. Do you think this is a typo?

[StartingOver08]

You still have to pay the student loans.

[inpain66]

You still have to pay the student loans.

Mine included my student loan amount as well so I was wondering about that.

are you sure they are not getting discharged?

[StartingOver08]

Yes, I'm sure. You have to have an adversarial proceeding to get them discharged.
This is a big, extra expense in a BK and the odds of an actual discharge of the student loans as a result are extremely slim.

HHM has a sticky around somewhere about the non-dischargablility of student loans and the AP process.

[Clover329]

Yes, I understand that I still have to repay them, I was just wondering why the trustee included the PSL amount in the amount to be discharged.

I was kinda hoping it was a typographical error that would discharge them. Guess I don't have such luck.

[StartingOver08]

I have noticed that several people have posted that the student loan debt is included in the discharged amount. I wonder if that is a function of the amount filed and some automated discharge form; kind of like a program error that does not recognize student loan debt as non-dischargeable...

Maybe HHM can explain it.

[Clover329]

That is a possibility. I did have to list ALL my unsecured debt, which includes my student loans. It must be the way the information is processed then.

Darn, I thought I was gonna get out of it, LOL. Oh well.

[HHM]

It's not discharged, sorry.

Here is what is probably happening, the trustee uses a computer program to auto generate that report, so the program is simply pulling the number that was on your petition. That report is in no way a legal determination of what debts are discharged, is is merely summarizing your petition. Keep in mind, NO PERSON decides which debt's are discharged, the BK code does that. If there is a dispute about the discharge of a debt, then you need to see the judge.

If you didn't have a hearing in front of judge on your student loans, THEY ARE NOT DISCHARGED.