How do I prove the loan was discharged in bankruptcy? 11 Answers as of August 24, 2015

My over 20 year old student loan was filed with my bankruptcy- and everything I see reported now shows zero balance - that the loan was discharged. But a collection agency a year later is trying to collect and threatening garnishment.

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A Fresh Start
A Fresh Start | Dorothy G Bunce
Student loans are not discharged in any bankruptcy unless there is a special and separate court order saying so. Credit reports are not reliable indicators of your legal obligation to pay debts. You have been misinformed.
Answer Applies to: Nevada
Replied: 8/6/2015
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
If it was a private student loan then the statute of limitations has run and we would normally sue the collection company under FDCPA (Fair Debt Collections Practices Act). You will get money damages and the collection company will pay your legal fees.
Answer Applies to: New York
Replied: 8/6/2015
Mauritz Van Niekerk, Attorneys at Law
Mauritz Van Niekerk, Attorneys at Law | Christiaan van Niekerk
Usually student loans can not be discharged in bankruptcy even if you listed it.
Answer Applies to: New York
Replied: 8/24/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
Consult your BR lawyer, and if you did not have one before, you should definitely consult one now. Since 1991, the only way to discharge student loans in BR has been through an Adversary Proceeding in which you convince the Judge that you cannot support yourself and your dependents and also make even small periodic payments on the student loan obligation.
Answer Applies to: Wisconsin
Replied: 8/24/2015
Garner Law Office
Garner Law Office | Daniel Garner
At least since 2005, student loans are presumed not dischargeable unless you prove that paying them would create an undue hardship. Proving undue hardship requires a separate adversary proceeding in your bankruptcy. If the collector insists your loan was not discharged in your bankruptcy, you would have to re-open your bankruptcy case and litigate the matter. That could be expensive. You might be better off trying to settle.
Answer Applies to: Oregon
Replied: 8/6/2015
    Eranthe Law Firm
    Eranthe Law Firm | Cate Eranthe
    Since 2005 student loans are no longer discharged in bankruptcy. If your case was discharged prior to 2005 and the student loan was private and not a government loan then it could have been discharged. If it was even older than that there were different laws. For some time there was a discharge available if the student loan was over 5 years old. In 1977 or something like that all student loans were treated like any other consumer debt. If your matter is old enough send the lender your discharge orders and the service list to prove the matter. You could also go see a knowledgeable local bankruptcy attorney who can advise you based on the specific facts of your case. Did you have an attorney? If so, ask them.
    Answer Applies to: California
    Replied: 8/6/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    The definitive information will be found in the case file and discharge. See you bankruptcy attorney or hire one for a firm opinion. If it was discharged the collection attempts are unlawful.
    Answer Applies to: Michigan
    Replied: 8/6/2015
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Some time in 1995 or so the law was changed. You need to demand a copy of the paper work (loan docs) and take them to local lawyer for review. This could also be "voodoo debt" - the debt collector might not be legitimate. Look them up on the net. Ask for a physical address and then look at the address on google earth. Beware of "collectors" operating out of PO Boxes. Also check them out at the Secretary of State's office. See if they are listed in at least the state of the address they give you. Do not send them money with out seeing local counsel first.
    Answer Applies to: California
    Replied: 8/6/2015
    Patrick W. Currin, Attorney at Law | Patrick Currin
    Student loans cannot be discharged in BK absent extraordinary circumstances. It's still around.
    Answer Applies to: California
    Replied: 8/5/2015
    Ronald K. Nims LLC | Ronald K. Nims
    Student loans are not usually discharged in bankruptcy unless you had a hearing the the judge ruled that your student loan was discharged. You said it was a 20 year old loan, that means you haven't paid it or gotten a deferment for 20 years then collecting would be barred by the statute of limitations.
    Answer Applies to: Ohio
    Replied: 8/5/2015
    Charles Schneider, P.C.
    Charles Schneider, P.C. | Charles J. Schneider
    A credit report does not establish whether your loan was discharged. A Judgment against the student loan agency in your bankruptcy case from an adversary lawsuit filed in the case does.
    Answer Applies to: Michigan
    Replied: 8/5/2015
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