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Filed Chap 7 in January, some SL not showing in BR

Frequent Contributor

Filed Chap 7 in January, some SL not showing in BR

Even though most of my SL are with Navient, not all are showing in BR. I think 2 are turned over to collections. Not sure which are not showing BR, but I remember 2 don't.

 

WIll that hurt me after BR if they don't fix it?

4/25/11 FICO: EQ 761....EX 770.....TU 744
3/6/2011 FICO: EQ 710... EX 718... TU 710
09/09 FICO: EQ: 525
Message 1 of 9
8 REPLIES
Established Contributor

Re: Filed Chap 7 in January, some SL not showing in BR

Can you elaborate.  Did your lawyer say that your student loans would be included in your bankruptcy?  Usually you have to have extreme extenuating circumstances for the courts to allow you to include your student loans in bankruptcy.


Starting Score: Eq: 662 Tu: 532 (03/02/2011) CH7BK 01/12/2009 Discharge
Current Score: Eq: 712 (02/03/2017) Tu: 717 (04/03/2013)
Goal Score: Eq: 760 Tu: 760

Wallet: PenFed Power Cash 25k | AMEX Blue Cash (AU) 49.5k | Cap One QSMC 26.5k | AMEX Platinum NPSL | LFCU Visa 10k
Message 2 of 9
Frequent Contributor

Re: Filed Chap 7 in January, some SL not showing in BR

I am losing my memory and can't remember words, please forgive.

 

On a credit report you see all student loans listed. I can't remember exactly how many I have, let's say 9. Two of them are listed as ??? which means they are turned over to collection, which is also on my credit report.

 

When you file bankruptcy ever line is marked ??? (IB???) which means they recognize it is in bankruptcy. When they have NOT put this designation on your credit report, should I care? How will it affect me?

4/25/11 FICO: EQ 761....EX 770.....TU 744
3/6/2011 FICO: EQ 710... EX 718... TU 710
09/09 FICO: EQ: 525
Message 3 of 9
Frequent Contributor

Re: Filed Chap 7 in January, some SL not showing in BR

In another week or so I can get my credit report to have the exact words you need, but I am hoping you can guess what I mean in the mean time. I  am NOT talking anything at all about filing and adversary proceeding, I think it is called. Though, if I were I could probably win it because I do qualify and fully understand a lot about this issue. But, it has nothing to do with this conversation. I am only asking a simple question that everyone in BR faces, no matter what the creditor. It is heart breaking to be losing memory and words I need for conversation. I can describe things, but not find simple words.

4/25/11 FICO: EQ 761....EX 770.....TU 744
3/6/2011 FICO: EQ 710... EX 718... TU 710
09/09 FICO: EQ: 525
Message 4 of 9
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Established Contributor

Re: Filed Chap 7 in January, some SL not showing in BR

IIB means that debt was included in your bankrutpcy, which if it's a Chapter 7, and was discharged, means you are no longer responsible for that debt.  In most cases, your student loans will not be included in your bankruptcy so will continue to report on your credit reports just as they had prior to you filing.  If you have negative marks on your credit report due to non-payment of federal student loans, I recommend going through the loan rehabilitation program to get the collection statuses removed from your credit report, and start a positive payment history with your federal student loans.


Starting Score: Eq: 662 Tu: 532 (03/02/2011) CH7BK 01/12/2009 Discharge
Current Score: Eq: 712 (02/03/2017) Tu: 717 (04/03/2013)
Goal Score: Eq: 760 Tu: 760

Wallet: PenFed Power Cash 25k | AMEX Blue Cash (AU) 49.5k | Cap One QSMC 26.5k | AMEX Platinum NPSL | LFCU Visa 10k
Message 5 of 9
Regular Contributor

Re: Filed Chap 7 in January, some SL not showing in BR

@startinover I just wanted you to know that I hear your frustration and I am really sorry that you are having to struggle with memory loss. My heart goes out to you. I can only imagine how hard to adjust to that would be. Take care. 

Starting EQ 553 TU 541 Jan2017
Current EQ 679 TU 680 EX 687
Goal: 680 ATB
Message 6 of 9
Frequent Contributor

Re: Filed Chap 7 in January, some SL not showing in BR

thanks, JJC.

 

Tazman, I thought it was law that everytime a bankruptcy was filed that every creditor must state you are in bankruptcy proceedings and put everything on hold, whether or not they will be dismissed.

4/25/11 FICO: EQ 761....EX 770.....TU 744
3/6/2011 FICO: EQ 710... EX 718... TU 710
09/09 FICO: EQ: 525
Message 7 of 9
Contributor

Re: Filed Chap 7 in January, some SL not showing in BR

I don't think it usually matters one way or another.  There are two things about bankruptcy.  First, once you're discharged all debts that exoisted when you filed are discharged, whether they were listed or not.  If someone wasn't listed, the debt is still gone, and they have to file with the court to get it reinstated, which is pretty hard to do.  But.  Student loans, listed or not, cannot be discharged by bankruptcy.  Except in some very few circumstances, which just about nobody can meet.

 

The only problem might be your total debt.  Not everyone can file a Chapter 7 nowadays.  You have to be within some percentage or other of the median income in your area, or something like that.  If you don't fit that, or sometimes even if you do but the judge thinks your income is high enough and your debts low enough he might order you into a Chap 13.  So showing all of the debts you really owe, whether on your CR or not, is a good idea.

Message 8 of 9
Frequent Contributor

Re: Filed Chap 7 in January, some SL not showing in BR

I guess my questoin would have been more clear if I had never mentioned what creditor.

 

What I meant to say, Isn't every creditor supposed to say IIB during the time I am going thru bankruptcy, befgore discharge?

 

 

4/25/11 FICO: EQ 761....EX 770.....TU 744
3/6/2011 FICO: EQ 710... EX 718... TU 710
09/09 FICO: EQ: 525
Message 9 of 9