How do I find out if my student loans were discharge in my chapter 7 bankruptcy? 14 Answers as of May 16, 2013I believe my student loans were discharged in December 1996 in a chapter 7 bankruptcy case. I know the law changed in October 1998 where student loans were not discharged except for extreme circumstances. The loans were taken out between 1983 and 1989.
SmithMarco, P.C. | Larry P. Smith
It is extremely rare to discharge a student loan in bankruptcy. There has to be proof of a special hardship. Otherwise the general rule is that the student loans are not dischargeable. Having said that, and to answer the question, the court file is a viewable record for you. You can retrieve the file and see your paperwork and see what debts were discharged.
Answer Applies to: Illinois
Portland Bankruptcy Law Group | Christopher J. Kane
Back then the law stated that your student loans were dischargeable if you made your best efforts to repay them and you had been in repayment status for at least 7 years as of the date you filed your bankruptcy. It sounds like some, if not all, of you student loans may have been dischargeable. But, without knowing more facts I cannot say for certain what the truth is.
Answer Applies to: Oregon
A Fresh Start | Dorothy G Bunce
There won't be anything in the court records telling you one way or another. You will simply have to look at your bankruptcy discharge and file records and make the determination based on an analysis of the law in effect at the time. If you are being sued, you will cite this information as your affirmative defense.
Answer Applies to: Nevada
Tse & Associates, P.S. | James Gary Griffin
Student loans were not dischargeable under Chapter 7 Bankruptcy laws at the time you took out your loans (i.e. between 1983 - 1989). Thus, I am confident that they were not discharged. The only way student loans can be discharged is if they were obtained through a private lender or, if government loans, the borrower can prove hardship.
Answer Applies to: Washington
Heineman Law Office | Jeff Heineman
A credit reporting agency may note that the debt was part of a bankruptcy filing. However, given the age of the loans and the date of the bankruptcy filing, the loans should not appear on your credit report. Otherwise, the bankruptcy court issues a discharge order which applies to all debts eligible for discharge. You do not receive a separate discharge order for each debt.
Answer Applies to: Idaho
Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
Prior to that time student loans were dischargeable in chapter 13 cases but not in chapter 7s. I don't recall the effective dates of the various changes in the laws, you would have to do some research into the legislative history of 11USC 523.
Answer Applies to: Colorado