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Home > Ask The Get Out of Debt Experts > I Included My Private Student Loans in Bankruptcy But They Were Not Eliminated. – Time

I Included My Private Student Loans in Bankruptcy But They Were Not Eliminated. – Time

“Dear Steve,

I filed bankruptcy in Colorado in in 2010. Student Loans Finance corporation is still harassing me to pay back a private loan. The federal portion of the loan was paid back. They are saying that private student loans are not dischargeable. That is not what I was told. I did not use an attorney when I filed bankruptcy. It was my understanding that the private loan would be discharged.

Was the private loan discharged when I filed bankruptcy.


Dear Tim,

Without filing an accompanying adversary proceeding with your bankruptcy there would be no discharge of the student loans unless the statute of limitations had expired on the loans before you filed bankruptcy. But I’m not a lawyer and that’s a technical matter you’d need to discuss with a bankruptcy attorney who is licensed n your state. You might want to try here.

The odds are significant that if you simply listed the private student loan lender on your bankruptcy papers and filed them then the loan would not be automatically discharged. Unfortunately this is a classic example of the value of a good bankruptcy attorney when you file.

Private student loans can be discharged when following the correct procedure and here are examples of private student loans that were reduced or eliminated in a bankruptcy.

Where you went to school is important as well. See this.

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

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About Steve Rhode

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.
  • Shay

    I also filed for chapter 7 bankruptcy and had my debts discharged in 2011. My credit report is showing my chase private student loan as a negative account stating it was included and discharged in the bankruptcy, but I’m still paying on it and have been for the past 3 years. Do I still need to pay this?

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