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I Filed a Chapter 7 Bankruptcy are My Student Loans Discharged? – TMD

Written by Steve Rhode

“Dear Steve,

I filed ch 7 in 2011 & was succesful. My student loan was listed under my debts discharged but not in the student loan area.

If my student loan debt was discharged as a listing of all of my debt but not under the student loan section of the paperwork should I still have to pay it or is it discharged?


Dear TMD,

Back the bus up. It’s not quite that easy.

The student loans might have been listed but would not automatically be discharged. Student loans are a different type of debt. You have to fight for their discharge and sometimes it’s easy but most of the time it is a hard fight.

Your bankruptcy attorney would have needed to file an adversary proceeding to fight for the student loan discharge.

Please check with your bankruptcy attorney for more information if they specifically went after a student loan discharge. Depending if the loans were federal or private there are easy discharges and discharges based on underlying medical situations or disability.

For more information, start with this guide.

Please post your responses and follow-up messages to me on this in the comments section below.

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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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