If your have a bankruptcy that included student loans and it shows discharge like all other debt, do you still owe the debt?
Asked on Jul 09th, 2013 on Bankruptcy - South Carolina
More details to this question:
I filed a Chapter 13 and when I got the final settlement and discharge paperwork, my student loans were included. Can I safely assume that my student loans are discharged?
No, you cannot safely conclude that as it is completely erroneous. Debts are only discharged if they are dischargeable. Student loans are only dischargeable if you bring a separate action (lawsuit) against them and are able to prove, at trial, that repaying those debts would constitute an "undue hardship" as that term is defined by courts in your district.
Mark Markus has been practicing exclusively bankruptcy law in California since 1991. He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization, AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.
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