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Chapter 7 student loans???

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noochski
Contributor

Chapter 7 student loans???

I recently filed BK7 and now my CRs state "Debt included in or discharged through Bankruptcy Chapter 7, 11, or 12" and all balances are reported as closed and $0.00. I have been making my monthly payments since filing because I was under the impression they would not be discharged. Is this only temporary until my BK7 is finalized?

 

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SCF
Valued Contributor

Re: Chapter 7 student loans???

It is very difficult, but not impossible, to get student loans discharged in bankruptcy, so unless you and your lawyer were working diligently to prove that repaying them is a an extreme burden and you would never be able to do it due to long-term disability or other issue, then I doubt they were actually discharged.

 

I'm not sure how the status works, I would check in the bankruptcy forum here, or just ask your lawyer.  You should also check in with your servicer to see that payments are being applied to your account, they may also know what will happen and if you need to do anything.

Message 2 of 4
noochski
Contributor

Re: Chapter 7 student loans???

When I pay online it still reflects the balance remaining on the loans. Afetr my BK7 finalizes shouldn't they be reported as "paying as agreed" or something similar? I would think that I should dispute them if they are not updated within 90 days of discharge shouldn't I?

Message 3 of 4
jadeite788
Established Contributor

Re: Chapter 7 student loans???

From what I read its real hard to get them discharged.  You really have to prove "undue hardship".  Plus from what I heard federal funded loans can't be discharged only private loans.  This is brand new territory for anyone.  I did read this week someone was finally granted only a partial discharge, but it took 10 years to do so.


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