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Student Loan Charged off after Bankruptcy Discharge

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Anonymous
Not applicable

Student Loan Charged off after Bankruptcy Discharge

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.

Message 1 of 15
14 REPLIES 14
TRC_WA
Senior Contributor

Re: Student Loan Charged off after Bankruptcy Discharge

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
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Message 2 of 15
Anonymous
Not applicable

Re: Student Loan Charged off after Bankruptcy Discharge

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. 

Message 3 of 15
pizza1
Community Leader
Super Contributor

Re: Student Loan Charged off after Bankruptcy Discharge

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.
Message 4 of 15
approvedbyme
Valued Member

Re: Student Loan Charged off after Bankruptcy Discharge

I also filed Ch 7 myself and one of my student loans were IIB. ..no credit report reads zero bal. Discharging this month.
Filed Ch.7 6/3/2014 Meeting of Creditors 7/8/2014
Discharge date:9/15/2014 Credit Scores Currently as of 9/24/2014
Experian 655
Eqifax:664
Transunion: 664 all lender pulled Oct. 2014

Message 5 of 15
Anonymous
Not applicable

Re: Student Loan Charged off after Bankruptcy Discharge

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.

 

Message 6 of 15
Anonymous
Not applicable

Re: Student Loan Charged off after Bankruptcy Discharge


@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.

Message 7 of 15
approvedbyme
Valued Member

Re: Student Loan Charged off after Bankruptcy Discharge

balance says ZERO

Filed Ch.7 6/3/2014 Meeting of Creditors 7/8/2014
Discharge date:9/15/2014 Credit Scores Currently as of 9/24/2014
Experian 655
Eqifax:664
Transunion: 664 all lender pulled Oct. 2014

Message 8 of 15
Anonymous
Not applicable

Re: Student Loan Charged off after Bankruptcy Discharge

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!

Message 9 of 15
Anonymous
Not applicable

Re: Student Loan Charged off after Bankruptcy Discharge


@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.

Message 10 of 15
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