topic Re: Student Loan Charged off after Bankruptcy Discharge in Bankruptcy

Student Loan Charged off after Bankruptcy Discharge

Anonymous — Tue, 02 Sep 2014 13:30:30 GMT

So my CH 7 was discharged January 2013 and I included a Sallie Mae loan due to Economic Hardship. I have been disputing them on my CR every since. They still listed the balance and would not adjust it to read included in bankruptcy. I disputed again and now it reads changed off. Are they allowed to do this? How can I get this to be changed over to included in Bankruptcy? Just a FYI...I filed Chapter 7 myself since I couldn't afford an attorney and I supplied evidence of economic hardship with my paperwork of why I couldn't repay the student loan.

Re: Student Loan Charged off after Bankruptcy Discharge

TRC_WA — Tue, 02 Sep 2014 15:15:34 GMT

Ok.... So was it approved by the judge? Student loans aren't easy to discharge or else everyone would do it.

http://www.nolo.com/legal-encyclopedia/student-loan-debt-bankruptcy.html

Re: Student Loan Charged off after Bankruptcy Discharge

Anonymous — Tue, 02 Sep 2014 16:54:21 GMT

I submitted the Brunner Test with the bankruptcy and at first they stopped all calling and listed it as included in bankruptcy on my credit report but now it's showing up as Charged off.

Re: Student Loan Charged off after Bankruptcy Discharge

pizza1 — Tue, 02 Sep 2014 17:58:36 GMT

If its included in your petition, and the judge approved it and it was discharged .... Yes, they have to comply and change it to $0 bal/ IIB!! I would file a complaint at this point and send in all supporting paperwork to show that the judge allowed and accepted the school loan to be discharged.

Re: Student Loan Charged off after Bankruptcy Discharge

approvedbyme — Wed, 03 Sep 2014 21:57:03 GMT

I also filed Ch 7 myself and one of my student loans were IIB. ..no credit report reads zero bal. Discharging this month.

Re: Student Loan Charged off after Bankruptcy Discharge

Anonymous — Wed, 03 Sep 2014 22:08:24 GMT

this is my first and hopefully only bankruptcy...do i just submit a complaint to the trustee? is this something i can file myself? i can't afford a lawyer right now.

@pizza1 wrote:
If its included in your petition, and the judge approved it and it was discharged .... Yes, they have to comply and change it to $0 bal/ IIB!! I would file a complaint at this point and send in all supporting paperwork to show that the judge allowed and accepted the school loan to be discharged.

Re: Student Loan Charged off after Bankruptcy Discharge

Anonymous — Wed, 03 Sep 2014 22:09:52 GMT

@approvedbyme wrote:
I also filed Ch 7 myself and one of my student loans were IIB. ..no credit report reads zero bal. Discharging this month.

so your student loan on your credit report says included in bankruptcy but with the balance still showing? mines has changed to charged off.

Re: Student Loan Charged off after Bankruptcy Discharge

approvedbyme — Tue, 09 Sep 2014 22:48:35 GMT

balance says ZERO

Re: Student Loan Charged off after Bankruptcy Discharge

Anonymous — Wed, 10 Sep 2014 17:07:06 GMT

Just have a few questions for those that have successfully discharged student loans through a bankruptcy proceeding

(1) Did you try any of the repayment plans that your loans offered, or any reconsolidations before you applied for bankruptcy?

(2) Did the courts try to come after your personal propery i.e. car, home, investments in the bankruptcy proceedings?

I'am glad that I found this post because from what I hear, discharing student loans is nearly impossible!

Re: Student Loan Charged off after Bankruptcy Discharge

Anonymous — Wed, 10 Sep 2014 18:36:44 GMT

@Anonymous wrote:
Just have a few questions for those that have successfully discharged student loans through a bankruptcy proceeding

(1) Did you try any of the repayment plans that your loans offered, or any reconsolidations before you applied for bankruptcy?

(2) Did the courts try to come after your personal propery i.e. car, home, investments in the bankruptcy proceedings?

I'am glad that I found this post because from what I hear, discharing student loans is nearly impossible!

This was a private student loan, which I think is the reason why I was able to get it included. I read an article about private vs government student loans and bankruptcy, if I can find it, I will post on this link. Unfornuately I waited three years before filing for bankruptcy because i wanted to pay all my debts off but I quickly realized I wouldn't be able to do it. There's was section in Chapter 7 that dealt with Student Loans and possibly having them included in the discharge. I'm having issues now with them not being reported correctly on my credit reports.

Re: Student Loan Charged off after Bankruptcy Discharge

Anonymous — Wed, 10 Sep 2014 18:39:14 GMT

@Anonymous wrote:
@Anonymous wrote:
Just have a few questions for those that have successfully discharged student loans through a bankruptcy proceeding

(1) Did you try any of the repayment plans that your loans offered, or any reconsolidations before you applied for bankruptcy?

(2) Did the courts try to come after your personal propery i.e. car, home, investments in the bankruptcy proceedings?

I'am glad that I found this post because from what I hear, discharing student loans is nearly impossible!
This was a private student loan, which I think is the reason why I was able to get it included. I read an article about private vs government student loans and bankruptcy, if I can find it, I will post on this link. Unfornuately I waited three years before filing for bankruptcy because i wanted to pay all my debts off but I quickly realized I wouldn't be able to do it. There's was section in Chapter 7 that dealt with Student Loans and possibly having them included in the discharge. I'm having issues now with them not being reported correctly on my credit reports.

Here's the article:

http://www.nolo.com/legal-encyclopedia/private-student-loans-bankruptcy.html

Re: Student Loan Charged off after Bankruptcy Discharge

Anonymous — Sat, 25 Oct 2014 19:51:20 GMT

Thanks for the feedback. Sorry to hear about your reporting issues, sounds like the job of sending off a few challenge letters to the bureaus.

Re: Student Loan Charged off after Bankruptcy Discharge

Anonymous — Thu, 13 Nov 2014 03:11:27 GMT

Am I reading this correctly, some of your student loans were discharged?

I recently filed for bk7 and 6/20 of my student loan accounts read as 'charge off' while others are open. Unsure if this means that 6 of them got discharged or not.

Re: Student Loan Charged off after Bankruptcy Discharge

approvedbyme — Sat, 05 Dec 2015 04:21:16 GMT

Update: after discharge...guess what....the student loans were only frozen until after the bk process...I'm back into repayment status and the balance has thawed out...

Re: Student Loan Charged off after Bankruptcy Discharge

Anonymous — Sat, 05 Dec 2015 19:50:28 GMT

Unfortunately, you can not discharge your student loans through BK and it doesn't matter if they 're private or government loans. Congress passed laws to cover all student loans about this.

The only ways you can get your student loans discharged/forgiven are the following:

1. You're dead and have no spouse or significant other the Dept of Ed/IRS can go after.

2. You're 100% Permanently Disabled and have no spouse or significant other to support you.

3. You work for a non-profit, get re-affirmed every year for 10 years and if Congress doesn't cancel the program, you can get the balance forgiven. Whether or not the balance forgiven gets reported to the IRS as income is up in the air.

4. You don't pay your loans for 25 years, Education Department forgives your loans but reports them as income to the IRS.

5. Pay off your loans for however long it takes. Yes, you can be paying for SLs for more than 30 years.

6. Join the Peace Corp or teach in bad areas for 5-10 years or something like that.

Just fair warning....