QUESTION

I filled bankruptcy and included a private student loan. It says it is discharged. Is it really discharged, I did not fill undue hardship?

Asked on Dec 01st, 2011 on Bankruptcy - Oklahoma
More details to this question:
N/A
Report Abuse

1 ANSWER

Bankruptcy Attorney serving Burbank, CA
Reviews not shown
3 Awards
What said it was discharged?  Which chapter did you file?  If you're referring to the general notice titled "Discharge of Debtor"  in a Chapter 7 or Chapter 13 case, that indicates that you were discharged from any debts which are dischargeable under the Bankruptcy Code.  Student loans are not dischargeable in bankruptcy unless you file an adversary proceeding and are able to prove undue hardship at trial.   In fact, if you look at the reverse side of the notice, it will give you a list of debts which usually are not discharged, and student loans are one of them. If you qualify, you can seek to reopen your case to litigate the undue hardship claim at any time. Mark J. Markus, Attorney at Law Handling exclusively bankruptcy law cases in California since 1991. http://www.bklaw.com/ bankruptcy blog: http://bklaw.com/bankruptcy-blog/ Follow Me on Twitter:  @bklawr
Answered on Dec 01st, 2011 at 7:54 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters