Pre-2005 Chapter 7 Bankruptcy, Is CitiAssist & Sallie Mae dischargeable?

[Loanquest]

Is CitiAssist & Sallie Mae discharged if listed and filed Chapter 7 before 2005 bankruptcy law changed?

In brief, filed for Chapter 7 in early 2005 and received discharge order in summer 2005. Included all CitiAssist and Sallie Mae loans on filing papers. Discharge order simply said that most student loans are not dischargable, which I took to be federeal loans (Perkins and Stafford). I understand CitiAssist and Sallie Mae where private loans although they claimed to be non-profit, donating money to non-profit, or something bogus and similar in paperwork even though they were owned by a for-profit listed company, but I will not go down this road now. From my web research, pre-2005 Chapter 7 looks to have allowed for private loan discharge without proof of hardship. Anybody on this board have real experience with or knowledge about  this?

Just wondering as I filed and received Chapter 7 before October 2005 bankruptcy law change and had listed CitiAssist and Sallie Mae in my filing as Creditor Holding Unsecured Priority Claim, whether these private student loans are considered discharged?

Reason I ask now is that I've been overseas for many years, thinking about returning to USA next year after bankruptcy removed from credit report and assuming federal student loan deal can be negotiated, and want to clean up my credit report. If I come back and later get bill from one of these groups or a collection agency for CitiAssist and Sallie Mae, then I want to know that I can point to my early 2005 Chapter 7 and have recognized as discharged. Is this correct?

Thanks,

A middle-class human being against being a modern slave to student debt and avoiding the collection agency whip for eternity.

[SCF]

I would reccomend speaking with an attorney who is knowledgable about issues around student loans and bankruptcy.  That question has many intricacies, and you may need a lawyer to help you enforce the correct application of the law if it goes against the interpretation of your creditors.  You should also look into the statute of limitations that may apply to these debts - which I believe are likely to have expired.  An expired SoL would mean that you could not be legally sued over the debt (although you may have to show up and defend yourself against such a suit from a collection agency), but it doesn't stop the collection agency from attempting to collect the debt.

Given that you've been out of the country, and I'm not sure how this impacts any of this, or if your creditors may have been able to sue you and secure a judgment, it really seems like some consulting time with a lawyer would be a wise investment.