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Student Loans After Chapter 7

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Anonymous
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Student Loans After Chapter 7

Here's my issue: After fighting serious health issues on an ongoing basis for the last 9 years, I went through 2 student loan defaults. I made regular monthly payments on my account up to the day I filed for chapter 7 (making payments to a 3rd party collector). When I filed for chapter 7 protection, my attorney listed my charged off student loan debts with the Department of Education to give me an automatic stay and give me a chance to get my finances in order again before repayment starts up again after chapter 7 discharge.

 

As soon as I filed, DOE updated my student loan record with the credit reporting agencies to reflect chapter 7 and that they have 0 balances. Now that my chapter 7 is discharged, what happens to the student loan accounts on my credit reports? Obviously, I will begin making payments on these accounts again. But what will happen with the balances on my credit report? Will a new delinquency trade line be reported now that chap 7 is done? Or will things stay the same on my credit report (with the exception that I'll begin making payments again in a couple of weeks?)

 

This seems like a weird situation to me... I admit I'm a novice. My attorney is pretty much clueless!

Message 1 of 9
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Anonymous
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Re: Student Loans After Chapter 7

That's a good question. Can't your attorney just file the additional paperwork to have your student loans discharged as well? It has to be an undue hardship. There is a book on filing Ch 7 I read in a library. It listed 3 reasons that your student loans could be discharged. 1 was you had to make an effort to pay them. 2 was paying them back would cause undue hardship. 3 whatever your circumstances are may continue for some time over the course of repayment.

 

Outside of that, my UNPROFESSIONAL opinion is that the tradeine may pick up where it left off before CH 7. My student loans are not with collections but when I filed Ch 7 Pro Se they zeroed out for a few days on my credit report. (I monitor it through credit karma) Then they popped back up with the Chapter 7 status and the balances intact, tradeline the same as well.

 

Keep us updated, I'm curious to know what happens & someone else may be in your position wondering the same thing too! Good luck!

Message 2 of 9
Anonymous
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Re: Student Loans After Chapter 7


@Anonymous wrote:

That's a good question. Can't your attorney just file the additional paperwork to have your student loans discharged as well? It has to be an undue hardship. There is a book on filing Ch 7 I read in a library. It listed 3 reasons that your student loans could be discharged. 1 was you had to make an effort to pay them. 2 was paying them back would cause undue hardship. 3 whatever your circumstances are may continue for some time over the course of repayment.

 

Outside of that, my UNPROFESSIONAL opinion is that the tradeine may pick up where it left off before CH 7. My student loans are not with collections but when I filed Ch 7 Pro Se they zeroed out for a few days on my credit report. (I monitor it through credit karma) Then they popped back up with the Chapter 7 status and the balances intact, tradeline the same as well.

 

Keep us updated, I'm curious to know what happens & someone else may be in your position wondering the same thing too! Good luck!


I think it is interesting that yours were reported as having 0 balances for just a few days. Mine were zeroed out and show on my credit report as being closed. Not sure if the fact that I'm a two time student loan default loser has an impact on the way things are reported - or handled - or not. She hasn't been able to do much to give me insights into this situation other than to tell me that there is almost zero chance of discharging student loans in bankruptcy. (I think the good faith repayment requirement is somehting like 5 years or so, a threshhold I haven't met.

 

I'd love to discharge them... but meeting their definition is nearly impossible (unless they've just done an epic job of selling the impossibility of discharge as a means of discouraging people from even trying. If that's the case, that's quite a sales job they've pulled off!

Message 3 of 9
Anonymous
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Re: Student Loans After Chapter 7

ery interesting situation you have and more interesting that your lawyer can't offer any help. I found a website called justia that offers answers from lawyers in your state. Or you may look into a consult with a pro bono lawyer. I haven't read anything about the length of time you need to make repayment efforts but its definitely something you may want to ask. Sounds like you would be an exception to the rule.

Message 4 of 9
Anonymous
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Re: Student Loans After Chapter 7


@Anonymous wrote:

ery interesting situation you have and more interesting that your lawyer can't offer any help. I found a website called justia that offers answers from lawyers in your state. Or you may look into a consult with a pro bono lawyer. I haven't read anything about the length of time you need to make repayment efforts but its definitely something you may want to ask. Sounds like you would be an exception to the rule.


Thanks for your responses! I like the idea of being an exception to any rule but I don't think I can be on this one... as much as I'd like to be. I think there's also a requirement that the bankruptcy attorney not take a fee for their services, which has already happened.

 

I will reach out to one of these attorneys anyway and see what might be possible. Who knows? Maybe it will work!

Message 5 of 9
Anonymous
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Re: Student Loans After Chapter 7

Good luck. Hope to hear back from you with great news!!

Message 6 of 9
Anonymous
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Re: Student Loans After Chapter 7

Thank you!

Message 7 of 9
Taoron
Frequent Contributor

Re: Student Loans After Chapter 7

I would look into the possibility of a TPD Discharge, something not related to Bankruptcy.  If you do a google search for "TPD Discharge" the Nelnet website comes up and explains how you qualify and what forms you have to fill out.

 

Good luck to you, and I hope this helps.



Message 8 of 9
holmesnmanny
Contributor

Re: Student Loans After Chapter 7

Student loans are one type of debt that aren't automatically discharged. The collection activity stops but the debt will remain unless either you or your attorney file a motion to have the debt discharged during an adversary proceeding. I'm not sure why they are updating the accounts to reflect a 0 balance unless either they aren't really student loans. Either you or your attorney have to argue that the debt can be discharged, otherwise the debt will remain. 

Pro Se Chapter 7 discharged July 2015
Message 9 of 9
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