What can I do if my Chapter 7 was discharged which includes my student loan debt but loan company says it isn’t? 12 Answers as of August 23, 2016

Loan company didn't show up to the meeting of creditors, nor did they file for an adversary proceeding. Five months later, company is saying it wasn't "really" discharged, and the debt is still on me. The court says it is.

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Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
You still owe the student loan debt. Those are not dischargeable unless YOU file an adversary case. The ability to get them discharged is extremely difficult. I have only done it successfully when my clients were seriously disabled.
Answer Applies to: California
Replied: 8/23/2016
Eranthe Law Firm
Eranthe Law Firm | Cate Eranthe
If it is a student loan then it is not discharged. It rides through the bankruptcy and there is nothing the bank needs to do: after the case is closed they can collect from you. You are the one who needs to file an adversary proceeding if you think it should be discharged. If you think you have a good reason you can't pay it back, speak with a local knowledgeable bankruptcy attorney about it.
Answer Applies to: California
Replied: 8/22/2016
Marc S. Stern
Marc S. Stern | Marc S. Stern
Most student loan debt is not dischargeable. You really need to discuss this with your attorney.
Answer Applies to: Washington
Replied: 8/18/2016
Stephens Gourley & Bywater | David A. Stephens
Student loans are generally not discharged in Chapter 7. If you have a specific discharge order as to the student loan, or if there is a reason it is discharged, you should provide that to them.
Answer Applies to: Nevada
Replied: 8/18/2016
Patrick W. Currin, Attorney at Law | Patrick Currin
Student loans are not dischargeable in bankruptcy in the vast majority of cases. Hopefully that was not a main reason for your filing. It is proper to list the debt in your schedules, but that does not alter the nature of the debt. It was not necessary for them them to show up at any point. This is another illustration of why it is important to consult an experienced bankruptcy attorney before you file.
Answer Applies to: California
Replied: 8/18/2016
    Ronald K. Nims LLC | Ronald K. Nims
    Student loan debt is not discharged in a Chapter 7.
    Answer Applies to: Ohio
    Replied: 8/18/2016
    R. Steven Chambers PLLC | R. Steven Chambers PLLC
    Student loan debt is generally non-dischargeable. The burden is on you as the debtor to file an adversary proceeding to have it determined to be dischargeable. The grounds for discharging a student loan are very narrow and it's very difficult to do.
    Answer Applies to: Utah
    Replied: 8/18/2016
    GARCIA & GONZALES, P.C. | Richard N. Gonzales
    Student loans are typically not dischargeable. Creditor does not need to appear at the Creditors' Meeting, nor do they need to file an Adversary Proceeding. I would have thought your lawyer would have explained this to you. You may want to pay an experienced lawyer for one hour of their time to review your BK with you. Just an idea.
    Answer Applies to: Colorado
    Replied: 8/18/2016
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    You have made a common assumption that a plan vanilla bankruptcy will discharge your student loan debt because the lender did not appear at the 341 meeting. The reality is that in order to eliminate your student loan, you needed to file a suit within the bankruptcy to demonstrate to the bankruptcy judge that you were eligible for this benefit under what is known as the Brunner Test. Having met this criteria, you would then have obtained an additional court order authorizing the discharge of your student loan. See 11 USC sec 523 for details.
    Answer Applies to: Nevada
    Replied: 8/18/2016
    The Orantes Law Firm
    The Orantes Law Firm | Giovanni Orantes
    Student loans survive a Chapter 7 bankruptcy case unless you, the Debtor, file an adversary complaint asking the Judge to rule them wholly or partially discharged. To win such a complaint, you must prove, among other things, that repaying the student loans would impose an undue hardship on you. We handle student loan discharge litigation.
    Answer Applies to: California
    Replied: 8/18/2016
    Law Office of Stuart M. Nachbar, P.C.
    Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
    IF it is a Federal Student Loan, as most are, YOU had to file an adversary proceeding showing extreme hardship, and on proper notice to the Student Loan company. Chances are that the Student loan is NOT discharged.
    Answer Applies to: New Jersey
    Replied: 8/18/2016
    Robert Louque | Robert Louque
    Student loans are not discharged in a bankruptcy unless the debtor files an adversary proceeding to have them declared discharged.
    Answer Applies to: Louisiana
    Replied: 8/18/2016
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