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    Different student loan questions?

    Let me start off with for the past few weeks I've been searching this whole site. I first read student loans were not dischargable, then i came across cases where some were, signature loans and ones through a bank. I need some help in assuming which if any are dischargeable.

    When i went to school, it was a private college, federal loans only helped alittle, i was forced into signing student signature loans through sallie mae. All my loans are through them. Take a crack at them and just let me know what you think. Thank you all

    __________________________________________________ _________________
    Loan number: 1-11 Disbursement date: 09/15/2004
    Original balance: $20,783.49 Capitalized interest: $872.97
    Lender: SALLIE MAE TRUST - LSC/FL
    Guarantor: N.Y STATE HIGHER ED SERVICES CORP
    Program: Consolidation

    __________________________________________________ _________________________
    Loan number: 1-03 Disbursement date: 11/29/2000
    Original balance: $2,800.00 Capitalized interest: $1,945.32
    Lender: SALLIE MAE ED TRUST/WILMINGTON TRST
    Guarantor: HEMAR INSURANCE CORP OF AMERICA
    Program: Signature Student

    __________________________________________________ ________________________
    Loan number: 1-05 Disbursement date: 01/17/2001
    Original balance: $1,010.00 Capitalized interest: $689.09
    Lender: SALLIE MAE ED TRUST/WILMINGTON TRST
    Guarantor: HEMAR INSURANCE CORP OF AMERICA
    Program: Signature Student

    __________________________________________________ _______________________
    Loan number: 1-08 Disbursement date: 12/18/2002
    Original balance: $4,228.00 Capitalized interest: $2,842.39
    Lender: SALLIE MAE ED TRUST/WILMINGTON TRST
    Guarantor: HEMAR INSURANCE CORP OF AMERICA
    Program: Signature Student
    __________________________________________________ _____________________________
    Loan number: 1-09 Disbursement date: 11/14/2003
    Original balance: $6,417.00 Capitalized interest: $2,173.45
    Lender: SALLIE MAE ED TRUST/WILMINGTON TRST
    Guarantor: HEMAR INSURANCE CORP OF AMERICA
    Program: Signature Student



    I figure I'm filing bk so why not get the most of my once and a life time opportunity. I assume that the top loan through nys higher ed is no dischargable, but i'm really wondering about the others.
    thanks

    #2
    Your first place to look would be Chapter 5, setion 524(a)(8) of the BK code. (note, many online sites still have the old statute displayed). The next code you would want to look at is Section 221(d)(1) of the IRS code (1986).

    The new law pretty much closed-up the government/non-profit, and private distinction making it so that just about any loan made for an educational purpose is non-dischargeable. Meaning, the only way to discharge any student loan is via the hardship route.

    Your instincts are right, the first is most likely not dischargable. The others are a little more questionable.

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