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Non-traditional student loan - Is it dischareable?


Non-traditional student loan - Is it dischareable?

I filed for Chapter 13 in 9/04 and it was discharged in 3/10. One of the creditors listed in the filing was Well Fargo for a Microsoft Skills 2000 IT Career Loan. At the time my attorney said this was a student loan and wouldn't be dischargeable. In 4/07, I received notice of a default judgment for a  claim filed by CASA Investment Co., who had purchased the loan from Wells Fargo. My attorney said that since this debt was covered under the Chapter 13 that I didn't need to worry about the judgment.


Now it's 5 years later and I have a judgment sitting on my CR and it's probably going to prevent me from refinancing my mortgage unless I pay in full first. However, I've been doing some research and I'm beginning to think this type of loan isn't a qualified student loan and and was subject to discharge. 


Does anyone have any experience with this type of loan or know whether it's discharable? The link below offers a bit of explanation about it.

Message 1 of 5
Senior Contributor

Re: Non-traditional student loan - Is it dischareable?

Just curious - 


1.  Was the loan included in the chapter 13 filing?

2.  Did you pay the loan off?

3.  When was the last time you made a payment to Wells Fargo for the loan?

4.  Did you ever make a payment to CASA Investment Co?

Message 2 of 5

Re: Non-traditional student loan - Is it dischareable?

Yes, the loan was included in the list of creditors when I filed Chapter 13. I haven't paid the loan off and the last payment I made was before I filed for Chapter 13. I've never made any payments to CASA Investments and the weird thing is that they have never once contacted me, except for filing the default judgment. And I can't find any evidence that they've taken any action whatesoever on the debt since the judgment.

Message 3 of 5
Established Member

Re: Non-traditional student loan - Is it dischareable?

This one is interesting the article states student may use the money to cover tuition, books supplies and purchase a computer plus living expenses similar to a traditional student loan. I have never heard of this particular company nor Microsoft being in the private student loan market. They are undoubtedly going to argue its a student loan and therefore not discharged by your bankruptcy. Do you have  schedule F from your bankruptcy listing them as an unsecured creditor? I'd suggest sending a copy of that schedule showing the loan as included along with the bankruptcy discharge to Experian, Equifax and Transunion by certified mail to dispute the debt and attempt to collect as being in violation of the bankruptcy discharge. Or you could contact your attorney and have him send the creditor a letter stating it was discharged and to remove it before he files a motion to charge them with attempting to collect a discharged debt.  


I know you want to get this off your report and avoid waking the sleeping giant. You could send a copy of the discharge to the court that ordered the summary judgment post bankruptcy to dispute the judgment asking it be set aside. Good luck to you, student loans are terrible to deal with, I wish I had never taken mine out.

Message 4 of 5

Re: Non-traditional student loan - Is it dischareable?

Thanks for the great info. I have an update: I talked to someone at Casa Investments and explained that I believe the loan was dischargable. Of course, they "don't see things that way."

I had already brought all of this up with my attorney but they had not been returning my calls. One of the paralegals called me today and said they hadn't determined if the loan was dischargable yet but they said Casa's attorney had filed for the judgment in violation of the Chapter 13 stay and that she had called them and told them they needed to void the judgment before I decide to sue for damages. She also let them know that if it's determined the loan was not dischargable, then I would negotiate a payment plan with them.

So finally some good news!
Message 5 of 5