Private Student Loan at an unaccredited school

[jacksonhole]

Hello,

I have several questions on Private education loans that were used to finance a non-eligible institution outside the United States.

1. Does the section 523(a)(8) except private education loans that were used to finance a non-eligible institution(meaning is not a Title IV school...no federal loans were allowed for this school) outside the United States?

I understand that section (B) states that the loan must be made by an eligible institution in order to be a "qualified educational loan". So, the loan passes this section, but does it pass the (A)(i) and (ii)?

For reference here is the section 523

(A) (i) an educational benefit overpayment or loan made,
insured, or guaranteed by a governmental unit, or made under
any program funded in whole or in part by a governmental unit
or nonprofit institution; or

(ii) an obligation to repay funds received as an educational
benefit, scholarship, or stipend; or

(B) any other educational loan that is a qualified education
loan, as defined in section 221(d)(1) of the Internal
Revenue Code of 1986, incurred by a debtor who is an
individual;

[cooper_monica]

I have the same dillemma trade school loan

I attended a truck driving school and took out a private loan from genesis lending for school. I was informed prior to bankruptcy that since my loan was a personal loan, for a non-accredited training school that I could have it discharged. Unfortunately they do not feel the same way. I was trying to be nice, but all during the course of my bankruptcy they contacted me, and now after my discharge they are still contacting me. stating that my loan is not discharged. I dont believe they constitute as an higher education loan, im currently researching online, to challenge them. I filed pro-se, but I might have to pay for an attorney to handle this matter.

[andrewp916]

question

I have a private loan i took out from genesis lending to go to wyotech and was wondering how or if i could bankrupt on it because I have no way in paying it along with alot of other bills

[HHM]

If the loan does not meet the requirements laid out in Section 523, then it can be discharged. You may still need to file an Adversary Proceeding and get a determination from the court. Otherwise, you could be fighting with Genesis for a long time.