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Ugly Student Loan Question

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GettingBetter66
New Contributor

Ugly Student Loan Question

Is it ok for ECMC to tell me that a student loan that was discharged in a chapter 7 in 1995, is not and was not dischargable and now they want their money and all the interest that has accumulated since then?  I have my chapter 7 creditors list and mailing list and they are on there more then once and they are noted as a company I owed money to.  It says directly on the creditor list that it is for a student loan.   US Dept of Ed, Sallie Mae, and NELA are all listed and received a notice from the court.  They did not show up for the meeting of creditors and did not submit any paperwork to the courts disputing the discharge. My final discharge paperwork notes that no one disputed my claims and it was fully discharged.  The bankruptcy judge was well aware of what was included in my paperwork and discharged it all.  So..... can they come back 15 years later and tell me the judge did not discharge it even though I have it in black and white.
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3 REPLIES 3
Anonymous
Not applicable

Re: Ugly Student Loan Question

Student loans can be discharged in a BK in certain cases. The two cases I could find pertaining to a student loan in 1995 are: if repaying the student loan would cause undue hardship or if you have been paying on the student loan for 7 years prior to filing the BK the student loan could be discharged.

 

I don't believe they should be able to do what they are trying to do, but I don't know a lot about it, just what I found above. Maybe someone else knows here, or I would talk to your BK attorney about it.

 

 

Message 2 of 4
GolfNut
Established Member

Re: Ugly Student Loan Question

Oops, never mind.  Thought this was about loans available for ugly students.
Message 3 of 4
StartinOver
Frequent Contributor

Re: Ugly Student Loan Question

Lol, you never know, you might qualify, as beauty is in the eye of the beholder, they say...

 

Thanks for the laugh, I get too serious on this credit recovery venture!

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
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