Hi all!
So, I've done research. I've searched and read the posts here about the dischargeability of private student loans. I still can't find an answer, and hopefully someone can help.
I filed Chapter 7 (under the old bankruptcy code) and received a discharge. Since then, I've been contacted by a collection agency and as of today, an attorney regarding what they refer to as a "student loan" (of course). This was a private loan taken out to pay for a bar exam review course and to pay expenses while studying for the bar.
Of course the loan company has a nonprofit involved, as I'm sure they all do. However, as I understand it, to be nondischargeable (under the old law), private student loans must be used for study at a school that is eligible to participate in Title IV programs where the student is enrolled at least half time. I haven't investigated this further, but I don't think BarBri is eligible to participate in Title IV, and I don't think I'd be considered enrolled at least half time when taking a bar review course.
The only case law I've found on private bar loans involved debtors who stipulated that the bar loan was a student loan. I've never done so.
Do I have a good argument that the loan was discharged? I think I do, but want to make sure I'm not missing something. Also, the collection agency violated the FDCPA, but I don't have a recording of the phone conversation.
So, I've done research. I've searched and read the posts here about the dischargeability of private student loans. I still can't find an answer, and hopefully someone can help.
I filed Chapter 7 (under the old bankruptcy code) and received a discharge. Since then, I've been contacted by a collection agency and as of today, an attorney regarding what they refer to as a "student loan" (of course). This was a private loan taken out to pay for a bar exam review course and to pay expenses while studying for the bar.
Of course the loan company has a nonprofit involved, as I'm sure they all do. However, as I understand it, to be nondischargeable (under the old law), private student loans must be used for study at a school that is eligible to participate in Title IV programs where the student is enrolled at least half time. I haven't investigated this further, but I don't think BarBri is eligible to participate in Title IV, and I don't think I'd be considered enrolled at least half time when taking a bar review course.
The only case law I've found on private bar loans involved debtors who stipulated that the bar loan was a student loan. I've never done so.
Do I have a good argument that the loan was discharged? I think I do, but want to make sure I'm not missing something. Also, the collection agency violated the FDCPA, but I don't have a recording of the phone conversation.