QUESTION
How do I find out if my student loans were discharge in my chapter 7 bankruptcy?
Asked on May 07th, 2013 on Bankruptcy - Nebraska
More details to this question:
I believe my student loans were discharged in December 1996 in a chapter 7 bankruptcy case. I know the law changed in October 1998 where student loans were not discharged except for extreme circumstances. The loans were taken out between 1983 and 1989.
8 ANSWERS
Bankruptcy Attorney serving Hampton, VA
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Haven Law Group, P.C.
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Student loans are never discharged.
Answered on May 16th, 2013 at 5:11 AM
student loans cannot be discharged in the chapter 7 bankruptcy.
Answered on May 09th, 2013 at 3:02 PM
Back then the law stated that your student loans were dischargeable if you made your best efforts to repay them and you had been in repayment status for at least 7 years as of the date you filed your bankruptcy. It sounds like some, if not all, of you student loans may have been dischargeable. But, without knowing more facts I cannot say for certain what the truth is.
Answered on May 09th, 2013 at 3:01 PM
There won't be anything in the court records telling you one way or another. You will simply have to look at your bankruptcy discharge and file records and make the determination based on an analysis of the law in effect at the time. If you are being sued, you will cite this information as your affirmative defense.
Answered on May 09th, 2013 at 3:00 PM
Bankruptcy Attorney serving Omaha, NE
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Heineman Law Office
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A credit reporting agency may note that the debt was part of a bankruptcy filing. However, given the age of the loans and the date of the bankruptcy filing, the loans should not appear on your credit report. Otherwise, the bankruptcy court issues a discharge order which applies to all debts eligible for discharge. You do not receive a separate discharge order for each debt.
Answered on May 09th, 2013 at 2:59 PM
Deborah F. Bowinski
Prior to that time student loans were dischargeable in chapter 13 cases but not in chapter 7s. I don't recall the effective dates of the various changes in the laws, you would have to do some research into the legislative history of 11USC 523.
Answered on May 09th, 2013 at 2:59 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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The answer will be found in your bankruptcy file. Get it yourself or hire and attorney to do it for you.
Answered on May 09th, 2013 at 2:59 PM
Student loans were not dischargeable under Chapter 7 Bankruptcy laws at the time you took out your loans (i.e. between 1983 - 1989). Thus, I am confident that they were not discharged. The only way student loans can be discharged is if they were obtained through a private lender or, if government loans, the borrower can prove hardship.
Answered on May 09th, 2013 at 2:59 PM