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Was My Loan Science Private Student Loan Discharged in My Bankruptcy?

Written by Steve Rhode

Question:

Dear Steve,

I filed bankruptcy in September 2016. It discharged December 2016. I included a private student loan (ach/loan science) they did not dispute it. I did not do any additional paperwork as I think my attorney is not knowledgeable. She will not even answer my calls or emails asking her if it discharged. It states on my credit report included in bankruptcy and discharged. Loan science sent me a letter saying my forbearance is up. I am confused. Why did they report on my credit report included in bankruptcy. I recently got an alert from experian that I have a new revolving account Loan science. Who do i contact to see if this is discharged? My attorney does not answer my calls.

Is it possible that loan science did not dispute it and it is in fact discharged. The only response from my attorney is they did not dispute it.

Lynn

Answer:

Dear Lynn

Discharging a private student loan is not automatic. Your attorney would have to have filed a suit against the private student loan lender under an Adversary Proceeding. Is your attorney did not do this then it was probably not discharged.

However, it is not too late to go back and hire the same or another bankruptcy attorney to attempt to get this discharged if you have medical, financial, or other reasons like the loan is not protected.

I realize this is a pain to do but at the very least if the loan is not eliminated it is a good position for your attorney to negotiate a settlement.

If there is good reason the loan might have actually been forgiven and that can be proved, then the lender would be violating the bankruptcy statute in attempting to collect again.

I would advise you talk to local bankruptcy attorneys who are licensed in your state and see if they are familiar with dealing with student loans and/or willing to assist you.

READ  Father Struggles to Pay Dead Son's Student Loans

You might want to direct the attorneys to this, this, and this.

Sincerly,
Steve

You are not alone. I'm here to help. There is no need to suffer in silence. We can get through this. Tomorrow can be better than today. Don't give up.





About the author

Steve Rhode

Steve Rhode is the Get Out of Debt Guy and has been helping good people with bad debt problems since 1994. You can learn more about Steve, here.

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