I found discouraging info.

[jewel1980]

Like I said my appt. w/ attorney is Tuesday, but in my everyday browsing for some glimmer of hope, I found something really discouraging to my hopes for the outcome I want to achieve

here is the link for the article, and notice the date 2001, so if this was posted then, I wonder if it has already been passed,

I am checking on that, anyway, anybody who has non-federal privately student loans needs to read this

http://www.nchelp.org/whats_new/2001_Archive/Apr%2001/bankrupt4-4.PDF

****it may take a few moments for the article to download (open) b/c it is a pdf article

toodles,

jewel

[sisflomi]

You do know that if you can prove the a student loan would cause hardship to you if not discharged, it can be discharged don't you? Are you planning to file bk?

[jewel1980]

I have already filed bk7 last year, and the student loans are from Wells Fargo Bank (non-federally funded) in default, they were listed on BK schedule of creditors, but since all student loans are supposed to be non-dischargeable would that apply or not?

you know, I read somewhere, do not remember if it was here or not, but if a creditor regardless of what kind of debt, does not dispute the debt within a certain amount of time, when you file, you could consider it discharged any info?

my bk7 was no liabilities and no assests

jewel

[sisflomi]

I think that you may need to call your lawyer and get advice on this. You might have to reopen your case and see if this can get discharged for good or not. Here is what it says for chapt 7 student loans. It don't say federal gov or private, just student loans. This is an answer to the question what is not dischargable with chapt 7.

(7) student loans unless the court decides that payment would be an undue hardship

Is this what you mean?

What if a debtor accidentally forget to schedule a creditor?

In a "no-asset" chapter 7 where the creditor alleges no fraud, willful or malicious injury, or defalcation of fiduciary duty, the debt is still discharged.

What if all of the debtor's assets are exempt?

This is a common occurrence and is referred to as a "no-asset" case. This means that the Trustee has not found any property that can be sold to raise cash for the benefit of your creditors. Almost all Chapter 7 cases are no-asset cases.

Here is another thing about getting student loans discharged:

Student loans, unless you file a complaint in bankruptcy court claiming and "undue hardship," i.e. very unusual and compelling circumstances (i.e. so disabled you will never work again).