fbpx

My Tuition Answer Loans Are Still Being Collected by Navient But Should They Have Been Discharged in Bankruptcy?

Question:

Dear Steve,

I filed a Chapter 7 bankruptcy in 2010 and my tuition answer loans look like they were included in the list of debtors as “Chela” at the time. Originally taken out through Sallie Mae.

I was made aware that they would not be dischargeable because they were student loans. I’ve rehabilitated them through default, but they’ve ballooned to more than 30-40k in interest. Originally, I had taken out 3 separate 10k tuition answer loans and now owe almost 70k.

Could I reopen my case and get them discharged now that they’re with Navient?

Antoinette

Answer:

Dear Antoinette,

The part of your question that makes me ponder is when you say you rehabilitated them through default. Rehabilitation is used for federal student loans, not private student loans. I can’t tell if this is just semantics or an indication of the actual loan type.

As I write this, if your Tuition Answer loans are still being paid, that is a further sign these may not be private student loans under the Tuition Answer program.

On September 8, 2022, Navient told the court the following:

“On September 6, 2022, Navient ceased collection activities on 7,368 Tuition Answer loans. The Tuition Answer loans subject to this collection cease meet two criteria: (1) at least one borrower on each loan obtained a discharge in bankruptcy on or after January 1, 2005 (as reported in PACER records), and (2) the amount disbursed on each loan exceeded cost-of-attendance figures reported to IPEDS. The collection activities that Navient has ceased include the transmittal of monthly statements as well as any outgoing written or oral communications requesting payment.

Navient has taken these steps in an effort to comply with the Temporary Restraining Order, Dkt. No. 343, entered on July 11, 2022. Navient does not concede that any of the loans covered by the collection cease described above were in fact discharged or dischargeable in bankruptcy. Nor does Navient concede that the cost-of-attendance figures reported to IPEDS and utilized by Navient as a criteria for its compliance with the TRO represent the actual cost-of-attendance for any applicable borrower. Navient likewise does not concede that all of the activities it has ceased constitute acts of collection. Navient submits this Notice of Compliance subject to all of the arguments it has previously made in opposition to the entry of the Temporary Restraining Order and subject to all of Navient’s appellate rights. – Source

See also  Shocking Landmark Ruling on Private Student Loan Bankruptcy Discharge

To test my concern these might be federal student loans I would suggest you logon to the National Student Loan Data System (NSLDS) and see how these loans are labeled. If they are not federal loans then they will not appear.

If it turns out your loans are Tuition Answer loans and were never consolidated or refinanced, then when this is all settled, you may certainly be eligible to go back and seek not only the discharge of some or all of your loans but also potential penalties for continued collections.

If the current case Homaidan v. Sallie Mae, Inc. (1-17-01085) does not fall for Navient, all Tuition Answer loan holders with balances might find their loans forgiven.

Come back and post an update in the comments when you have additional feedback.

Sincerely,


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.

Do you have a question you'd like to ask me for free? Go ahead and click here.

Damon Day - Pro Debt Coach

Follow Me
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.
Steve Rhode
Follow Me

2 thoughts on “My Tuition Answer Loans Are Still Being Collected by Navient But Should They Have Been Discharged in Bankruptcy?”

Leave a Comment